Board Governance Archives - Education Lawyers

May 11, 2020 By LeasorCrass

COVID-19 UPDATE

Below are today’s updates regarding COVID-19 and its impact on Texas public schools. For additional resources, please visit our COVID-19 page.

Title IX: Questions and Answers Regarding the Final Rule
Dean Micknal, Partner and Victoria Elliott, Associate

On May 6, 2020, the US Department of Education issued an extensive update to the Title IX regulations (the “Final Rule”). As the new regulations take effect on August 14, 2020, districts do not have much time to digest the information and prepare for implementation. In an effort to assist our districts in learning the new material, Leasor Crass will be providing guidance and training over the next few months, beginning with the answers to what we expect to be some common questions listed below.

Please click here to continue reading.

TEA’s Updated Guidance on Graduation Ceremonies (*Updated 5.27.2020*)
Holly James, Senior Associate

On May 18th, TEA updated its guidance pertaining to graduation ceremonies. Districts now have four options for ceremonies:

Completely virtual ceremonies are approved and may proceed without the need for any further action on the part of the district.
“Hybrid ceremonies” (those involving a compilation of pre-recorded videos of students filmed individually or in small groups) are now permitted to take place effective May 5th (moved up from May 15th).
Vehicle ceremonies may proceed effective May 15th.
Outdoor in-person ceremonies may take place in any county on or after May 29th.

a. Between May 15 and May 28, outdoor ceremonies are permitted in rural counties that have filed the required attestation form regarding five or fewer COVID-19 cases.

Indoor ceremonies are not permitted yet.

TEA’s guidance contains detailed conditions and restrictions for each of the different types of ceremonies currently allowed. Note that the permissions and guidelines are subject to change at any time depending on changes to the public-health situation.

Note: Recommendations specific to Dallas County are available here.

TEA Special Education Updates for the Week of May 4, 2020
Dean Micknal, Partner

The Texas Education Agency updated the COVID-19 Special Education Q&A last week to address a number of issues relating to evaluations and graduating students.

First, TEA clarified that the expiration of Governor Abbott’s Stay at Home Order does not give LEAs the green light to start performing face to face evaluations. Rather, districts will need to continue adhering to the statewide school closure requirements.

TEA also addressed several important issues that implicate ARD committee authority and duties:

Question 12 reiterates that ARD committees will need to make individualized determinations with respect to what additional or alternative services might be needed to meet transition goals when IEP prescribed transition services are not able to be provided due to the COVID-19 pandemic response.
Question 13 addresses how ARD committees should proceed in making determinations about graduation for a student with modified curriculum when the student was unable to complete all activities required by the IEP.
Question 14 discusses how ARD committees should approach the provision of compensatory services to students who are graduating in the Spring of 2020.
Finally, Question 15 explains that federal regulations still require any decision to exit a student from special education services to be “informed by a complete evaluation of all relevant areas of student performance”, meaning that ARD committees are not allowed to move forward with exiting a student if they have not been able to complete an evaluation.

Please contact one of the attorneys at Leasor Crass in the event you need additional guidance on any of these issues pertaining to special education.

April 27, 2020 By LeasorCrass

Now They Tell Us: Authority to Regulate Public Comments

by Mike Leasor

On April 22, 2020, the Attorney General provided additional guidance on the implementation of Texas Government Code §551.007. This section went into effect on September 1, 2019 and the sections addressed in the Opinion state:

A governmental body shall allow each member of the public who desires to address the body regarding an item on an agenda for an open meeting of the body to address the body regarding the item at the meeting before or during the body’s consideration of the item.
A governmental body may adopt reasonable rules regarding the public’s right to address the body under this section, including rules that limit the total amount of time that a member of the public may address the body on a given item.

The first question presented was whether §551.007(b) permits a district to hold one public comment period at the beginning of an open meeting to address all agenda items, or instead, whether §551.007(b) requires a district to hold separate public comment periods immediately before each agenda item. The Attorney General opined that the plain language of section (b) allows the district to choose when the public forum to discuss agenda items may take place. It states further that the public forum is not required to be adjacent to the agenda item. Thus, a single public comment period at the beginning of an open meeting to address all items on the agenda is acceptable under this section of the statute.

As most districts have already interpreted subsection (b) to mean the above, it is the second question presented that provides the new insight. In the second question addressed in the Opinion, it is asked whether §551.007 permits a district to limit the total amount of time it gives a speaker to address all desired agenda items. What subsection (b) giveth, subsection (c) taketh away. This subsection allows a district to provide reasonable rules for the public forum.

In the Opinion, the Attorney General states that a district may not only cap the amount of time an individual has to speak, but may put a reasonable cap on the speaker if he/she chooses to address all agenda items. In effect, if there is a five minute cap on a speaker to speak about one agenda item, and there are eight agenda items to speak on, the district may limit the total time a speaker speaks instead of having to provide a full 40 minutes, but only to a reasonable period of time based on “the number of agenda items and their complexity.” Thus, this additional limitation on a speaker’s ability to dominate an evening has been somewhat clipped by the Attorney General.

If you should have additional questions regarding this specific provision or any other Open Meetings Act provision, please do not hesitate to contact any of the attorneys at Leasor Crass, P.C.

April 27, 2020 By LeasorCrass

COVID-19 UPDATE

Below are today’s updates regarding COVID-19 and its impact on Texas public schools. For additional resources, please visit our COVID-19 page.

TEA Special Education and Special Populations Updates for the Week of April 20, 2020
Dean Micknal, Partner

The Texas Education Agency reorganized its COVID-19 Support: Special Education webpage last week. The revised site, which can be accessed here, now includes a direct link to the COVID19 Special Education Q&A, as well as links to four areas dedicated to:

Please click here to continue reading.

Now They Tell Us: Authority to Regulate Public Comments
Mike Leasor, Shareholder

A governmental body shall allow each member of the public who desires to address the body regarding an item on an agenda for an open meeting of the body to address the body regarding the item at the meeting before or during the body’s consideration of the item.
A governmental body may adopt reasonable rules regarding the public’s right to address the body under this section, including rules that limit the total amount of time that a member of the public may address the body on a given item.

Please click here to continue reading.

Class of 2020: Waiving Graduation Requirements
Victoria Elliott, Associate

In the wake of COVID-19, many questions have arisen regarding graduation for the 2020 senior class. During these times, it is important to remember that certain specific assessment graduation requirements may be satisfied via an individual graduation committee (“IGC”) review, including:

Seniors who were enrolled in the district or charter school during the 2019–2020 school year may graduate via an IGC determination, regardless of the number of EOC exams they still need to pass.
In accordance with Texas Education Code (TEC) §28.0258, students must successfully complete the curriculum requirements for high school graduation as identified in Title 19 Texas Administrative Code (TAC), Chapter 74, Subchapter B. Districts and charter schools must determine if a student has met all other graduation requirements under TEC, §28.025(c), including successful completion of all curriculum requirements or an individualized education program.

Please click here to continue reading.

Planning for the Future
Rhonda Crass, Shareholder

As we look at virtual learning for the remainder of the 2019-2020 school year, it brings many new issues to the forefront regarding what it will take to open for the 2020-2021 school year. In our practice each day, issues being discussed include the need for guidelines aimed at summer trips for staff and students; guidelines and legal parameters for social distancing when school resumes; employment issues under the new leave statutes; and, what to do with those students or teachers who are placed in quarantine for exposure to COVID-19 and can no longer attend school.

As other topics arise, we are here to assist you in preparing for the 2020-2021 school year with answers, training for staff, and guidance for specific programs.

April 21, 2020 By LeasorCrass

How Does Your District Calculate FMLA Leave? You May Want to Make a Policy Change

We know that two new Family Medical Leave Act laws related to the COVID-19 pandemic went into effect on April 1, 2020, as follows:

Emergency Family and Medical Leave Expansion Act (EFMLEA) which extends Family and Medical Leave; and
Emergency Paid Sick Leave Act (EPSLA) which provides for emergency paid sick leave for absences.

These new provisions of the law are only effective for the limited time period of April 1 to December 31, 2020.

So, if you have employees who qualify for these special provisions, be sure to apply them and provide your employees with these additional benefits.

However, in the midst of the COVID-19 pandemic, please don’t forget the Family Medical Leave Act basics. We recommend that you review your District’s Board Policy DEC (LOCAL), Leaves and Absences. It contains the language that establishes how your District calculates an employee’s entitlement to 12 weeks of FMLA leave.

There are four different ways to calculate FMLA leave:

(1) the calendar year – 12-month period that runs from January 1 through December 31;

(2) any fixed 12-months – 12-month period such as a fiscal year (for example, October 1 through September 30), a year starting on an employee’s anniversary date (for example, September 22 through September 21), or a 12-month period required by state law;

(3) the 12-month period measured forward – 12-month period measured forward from the first date an employee takes FMLA leave. The next 12-month period would begin the first time FMLA leave is taken after completion of the prior 12-month period; or

(4) a “rolling” 12-month period measured backward – 12-month period measured backward from the date an employee uses any FMLA leave. Under the ‘‘rolling’’ 12-month period, each time an employee takes FMLA leave, the remaining leave entitlement would be the balance of the 12 weeks which has not been used during the immediately preceding 12 months.

The “rolling” (also called the “look-back”) option provides the most protection for your District. If you have questions about FMLA leave, how to change the way your District calculates FMLA leave, or any other personnel benefit questions, please contact any of our attorneys for assistance.

April 21, 2020 By LeasorCrass

COVID-19 UPDATE

Below are today’s updates regarding COVID-19 and its impact on Texas public schools. For additional resources, please visit our COVID-19 page.

TEA Special Education and Special Populations Updates for the Week of April 13, 2020
Dean Micknal, Partner

The Texas Education Agency has continued to post and revise guidance regarding Special Education and Special Populations during the previous week.

The revisions have included updating the general COVID19 Special Education Q&A to:

Emphasize that the requirement to continue services to students identified and receiving services for dyslexia is ongoing and remind districts that there are currently no state or federal requirements that preclude the provision of dyslexia services to students in a virtual environment due to the Governor having waived restrictions related to teletherapy for dyslexia therapists holding licensure through the Texas Department of Licensure and Regulation; and,
Clarify that the SHARS parental consent and annual notice mandates have not been changed so as to allow a previous provided consent to bill Medicaid to suffice for purposes of telehealth services.

In addition to updating the Q&A, the Agency posted new guidance on progress monitoring, managing challenging behaviors for both parents and LEAs, counseling (both as a related service, and remote counseling and student support services), and Occupational, Physical and Speech Language Therapy.

Finally, with respect to Special Populations, TEA significantly revised the existing English Learner FAQ, identified a statewide webinar to be available through TEHCY to address how to support students and families experiencing homelessness during COVID-19, and posted new guidance on Pregnancy Related Services and Gifted/Talented Education.

How Does Your District Calculate FMLA Leave? You May Want to Make a Policy Change
Heather Castillo, Partner

We know that two new Family Medical Leave Act laws related to the COVID-19 pandemic went into effect on April 1, 2020, as follows:

Emergency Family and Medical Leave Expansion Act (EFMLEA) which extends Family and Medical Leave; and
Emergency Paid Sick Leave Act (EPSLA) which provides for emergency paid sick leave for absences.

These new provisions of the law are only effective for the limited time period of April 1 to December 31, 2020.

Please click here to continue reading.

Schools to Stay Closed for 2019-2020: TEA Rules Concerning Use of School Buildings by Teachers and Staff
Holly James, Senior Associate

On April 17, 2020, Governor Abbott ordered all schools to remain closed “to in-person classroom attendance by students” for the remainder of the 2019-2020 school year. Teachers and staff are encouraged to continue to work remotely from home if possible, but are now permitted to “return to schools to conduct remote video instruction, as well as perform administrative duties, under the strict terms required by the Texas Education Agency.”

Please click here to continue reading.

LEASOR CRASS, P.C.

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