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covid
Q:        Our school district wants all of our employees to be vaccinated for COVID-19. May we ask our employees whether they have been vaccinated?  A:        Yes. School districts, however, must be very careful when questioning employees about their vaccination status not to request or provide an opportunity for explanation, as such might elicit...
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Q:        We are growing increasingly concerned with the impact the recent surge of coronavirus cases is having on our attendance and resulting state funding. Are we able to restrict student access to in-person instruction if a campus can no longer be adequately staffed due to a COVID-19 outbreak without impacting our funding?   A:...
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Q:        Our district recently discontinued virtual learning for our students. We have had a general education student request “homebound” instruction due to a member of the child’s immediate family being immuno-compromised. The parent submitted medical documentation confirming the family member’s condition.  Do we have to approve this request? A:        No. The student will not be...
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Q:       Our district is concerned about students’ privacy given the increase in virtual learning and utilization of third-party vendors in light of COVID-19. Is our district permitted to disclose personally identifiable information of students’ education records to third-party vendors, such as Clever?   A:        Yes, third-party vendors, like Clever, are permitted to obtain personally...
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Q:        Our district is negotiating a contract for transportation services. The vendor has asked us to guarantee payment for a minimum number of 180 days of service. Under the contract, this guarantee payment would be owed to the vendor even if services are interrupted or not provided due to another COVID-19 district closure and the...
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Q:       A student has been hospitalized after becoming infected with COVID-19 while attending summer school at our District. The parent has threatened to sue if the District does not offer to pay for the student’s medical bills. Does the parent have any legal recourse against the District? A:        Probably not.  There is no viable...
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Q:        We have suspended responses to Public Information Act (PIA) requests during the pandemic as authorized by the Attorney General. We are set to re-open in June for summer school.  Does that mean that the Texas Public Information Act (TPIA) deadlines start up again?   A:        Yes.  If your school’s physical offices are now...
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Q:        At the time our District closed in person instruction due to COVID-19, we had students in the District’s Disciplinary Alternative Education Program (“DAEP”). Since the closure, the District has been continuing to provide DAEP instruction through distance learning methods. Do we have the flexibility to count this type of instruction toward the students’...
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Q:        My district has moved all instruction to virtual learning platforms due to the COVID-19 pandemic. As a result, we are not currently using substitute teachers. Someone who previously accepted substitute teaching assignments with our district filed for unemployment benefits yesterday. Will substitutes who will not get substitute teaching assignments in light of the...
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Q:        Our District is temporarily closed pursuant to the Governor’s Executive Order, but we are still providing a flexible education program to our students. Some staff are on campus working directly on COVID-19 response while others are working remotely. Is it necessary to suspend the requirements of the Public Information Act and send notice...
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