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Welcome to Leasor Crass, P.C. Leasor Crass, P.C. is a boutique law firm located in Mansfield, Texas, with a main focus on the representation of public schools. The firm is managed by Mike Leasor and Rhonda Crass, seasoned attorneys with …

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April 21, 2020 By LeasorCrass

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

by Holly James

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.”

In accordance with the Governor’s order, TEA has established the following parameters that must be followed when allowing staff to enter school facilities:

  • School classrooms are closed for the remainder of the 2019-2020 school year.
  • Teachers may go into the classroom for video instruction, to perform administrative duties, and/or to clean out their classrooms.
  • Where possible, teachers and staff should continue to work remotely, and if they cannot do so, they should follow the parameters outlined by TEA.
  • Teacher and staff time at schools should be staggered at each individual campus to enable social distancing to be implemented effectively.
  • Teachers and staff must be in the classrooms or offices by themselves and must maintain social distancing of at least 6 feet from one another.
  • Teachers and staff should wear masks if available, or face coverings if masks are not available.
  • Teachers and staff must screen themselves before coming into school for: new or worsening cough; shortness of breath; sore throat; loss of taste or smell; feeling feverish or a measured temperature greater than or equal to 100.0 degrees Fahrenheit; or known close contact with a person who is lab-confirmed to have COVID-19.
  • Schools must clean and sanitize bathrooms, doorknobs, and other commonly touched surfaces.

Governor Abbott’s April 17th Order further mandates that “every person in Texas shall, except where necessary to provide or obtain essential services or reopened services, minimize social gatherings and minimize in-person contact with people who are not in the same household.”  Our discussion about what constitutes an “essential service” is available here.  “Reopened services” consist of non-essential retail services provided through pickup or delivery beginning April 24, 2020.

Filed Under: Blog, COVID-19, Facilities, Personnel

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:

  1. 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,
  2. 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:

  1. Emergency Family and Medical Leave Expansion Act (EFMLEA) which extends Family and Medical Leave; and
  2. 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.

Filed Under: Blog, Board Governance, Board Policy, COVID-19, Facilities, FMLA, Personnel, Section 504, Special Education, Students

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