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 employee was voluntarily reassigned to a position with a lower daily rate. Payroll implemented the salary change one month late resulting in the employee being overpaid. Can payroll deduct the over-payment from the employee’s check next pay period?  A:    Yes, but payroll may only withhold the over-payment from the employee’s pay check with written authorization from the employee.  If your district utilizes standard TASB contracts, it states “you agree that the district may deduct any over-payments under this...
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Q:      My Board will be updating and replacing several local policies over the summer. As the custodian of records for the District, am I obligated to ensure retention of past versions of all of our board policies? How long should we maintain copies of the old policies? A:      Yes, you should retain copies of all past versions of your local policies only (not legal) for at least five years; however, it is recommended that you archive these policies permanently. Due...
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Q:      Recently, our district lost a promising teacher candidate to another district because we could not offer her a contract without board approval. During this competitive hiring season, is there a way to speed up the approval process so we don’t lose any other qualified prospective teachers? A:     Yes. Your board can delegate final hiring authority to the superintendent, pursuant to TEC §11.1513. Most school boards prefer to retain final hiring authority during the school year, but some boards chose...
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Q:     A 2nd grade teacher has retired leaving a vacant position which we intend to fill with a     teacher currently assigned to 3rd grade. Due to the class size of the upcoming class, the campus is not certain that the 3rd grade teacher’s position needs to be filled. Can we wait to hire a teacher and allow the retired teacher to come back as a substitute in the 3rd grade class without being liable for the...
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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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