Reference Desk and News

The Attorneys at K|B|S provide timely content on matters of interest to client districts through various forms of publications and genre. Once released, the communications are placed on our news blog, chronologically and in a simple to read Q&A searchable format.
Q:       An anonymous requestor submitted a request pursuant to the Public Information Act for communications between two District administrators. May the District require the requestor to present identification before obtaining the requested information?  A:        Generally, no. A school district cannot unilaterally refuse to provide information simply because a requestor does not identify him/herself or otherwise provide identification; however, in limited circumstances, a school district may submit arguments to the Attorney General to show that a special right of access...
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Q:       In response to winter storm that recently impacted Texas, my district closed for 5 days and offered virtual instruction for 2 days the following week. Can I pay all employees during the period of closure—what about the virtual instruction days? A:        Yes. The Board of Trustees can adopt a resolution that it serves a public purpose to continue compensating employees who were unable to work during the period of closure and also virtual instructional days. Any resolution...
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Q:        A teacher on our elementary campus tested positive for COVID-19. During our contract tracing process, one employee who was in close contact with the teacher notified us that she is fully vaccinated. Does the vaccinated employee still need to quarantine?  A:        No. The CDC recently released guidance providing that individuals who have been fully vaccinated within the last three (3) months – and have no symptoms – do not need to quarantine after close contact with a positive COVID-19...
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Q:       More virtual students are returning to campus who don’t understand our neutral face mask policy. Yesterday a student wore a mask with a “Black Lives Matter” slogan. He was provided an alternative, but the parent complained. Can the district ban face masks with images, words, or political slogans? A:        Yes. Generally speaking, a school district may have a standardized dress code that prohibits messages on student attire, including face masks, so long as the policy is content...
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Q:        Our success rate for virtual learners continues to decline. Can a student’s inability to access virtual learning, unrelated to technological barriers, trigger the District’s child find duty?  A:         Yes. Educators play a key role in the child find process, as they are often the first to notice signs that a student is struggling with a disability. This is true for in-person and virtual learners. A student’s inability to access virtual learning, excessive absenteeism, and declining performance could...
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Recent Articles

KBS Reference Desk: Felony Conviction and School Board Candidates
April 9, 2021
KBS Reference Desk: T-TESS Rubric Virtual
April 2, 2021
KBS Reference Desk: COVID-19 Vaccination Status Questions and EEO Laws
March 26, 2021
KBS Reference Desk: Certification Addendum
March 19, 2021
KBS Reference Desk: Lifting of Mask Mandate and Implications for UIL Activities
March 12, 2021
KBS Reference Desk: Identification of TPIA Requestor
March 5, 2021
KBS Reference Desk: Pay During Closure
February 26, 2021
KBS Reference Desk: Vaccines and Quarantine
February 19, 2021
KBS Reference Desk: Face Masks and the First Amendment
February 12, 2021
KBS Reference Desk: Virtual Learning and Child Find
February 5, 2021
KBS Reference Desk: American Rescue Plan
January 29, 2021
KBS Reference Desk: Spring Testing
January 22, 2021
KBS Reference Desk: TOMA Suspension Extension – Additional 30 days
January 15, 2021
KBS Reference Desk: Updated FFCRA Guidance
January 8, 2021
KBS Reference Desk: New Stay-at-Home Protocols
December 18, 2020
KBS Reference Desk: Vaccine as a Requirement for School Attendance
December 11, 2020
KBS Reference Desk: Campus Closure due to COVID-19 and Funding
December 4, 2020
KBS Reference Desk: Nonexempt Volunteer Work
November 20, 2020
KBS Reference Desk: Required Transition from Virtual to ON-campus Learning
November 13, 2020
KBS Reference Desk: TPIA – 10-day Extension
November 6, 2020
KBS Reference Desk: Discontinue Virtual Learning
October 30, 2020
KBS Reference Desk: Political Dress
October 23, 2020
KBS Reference Desk: Emergency Safety Drills
October 16, 2020
KBS Reference Desk: Requests for Homebound Instruction During COVID
October 9, 2020
KBS Reference Desk: Mask Exception
October 2, 2020
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