Board Policy Archives - Education Lawyers

September 14, 2022 By LeasorCrass

“In God We Trust” Sign Donations: How Should Districts Respond?

Senate Bill 797, enacted in August of 2022, requires public elementary and secondary schools to display in a conspicuous place in each building of the school or institution a durable poster or framed copy of the United States national motto, “In God We Trust.” The signs must be donated or purchased with private funds and “must contain a representation of the United States flag centered under the national motto and a representation of the state flag, and may not depict any words, images, or other information.”

Once S.B. 797 became law, Patriot Mobile donated signs to districts across the metroplex. In quick succession, other groups created displays of the motto both in Arabic and rainbow lettering signifying support of the LGBTQ community and demanded that those signs be displayed as well.

In response to the controversy, Senator Bryan Hughes, co-author of the law, sent an August 26th letter to the Texas Education Agency, clarifying that S.B. 797 was not intended to force school districts to display more than one poster per building or in languages other than English. Hughes explained the “statutory prescription that the motto be displayed as it appears in [S.B. 797], and with no ‘other words, images, or other information,’ limits the legally mandated display of the motto to only posters or framed copies presented in English.”

Senator Hughes also explained that “nothing in state law prohibits the display of the national motto in any other language… [h]owever, the law requires only the display of a poster or framed copy, as expressly stated in the statute.” Id.

What this means for districts is that a public elementary or secondary school must comply with the statute’s requirements and post one “In God We Trust” poster or framed copy if it is donated and meets requirements under the law. The statute requires that the sign must: (1) contain a representation of the United States flag centered under the national motto and a representation of the state flag; and (2) not depict any words, images, or other information other than the representations listed in Section 1.004 of the Texas Education Code.

If you have any questions or concerns regarding S.B. 797, the attorneys at Leasor Crass, P.C. are available to assist.

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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