Schools And School Districts

Certified estimate of property tax values-subsections 44.004(j), Education Code and 26.05(g), Tax Code do not authorize an independent school district to use the certified estimates to adopt a tax rate after adopting the budget

Guaranteed charter district bonds, limitation contained in Texas Government Code section 45.0532

County school lands, commissioners court may not delegate its trustee responsibilities to the school districts in the county or sell, for a nominal fee, to the school districts the|Section 45.105 of the Education Code, because a county must bear its expenses to administer the constitutional trust under article VII, section 6 of the Texas Constitution, a court could, depending on the facts of the particular case, have reason to conclude that a school district's allocation for such purposes is not necessary and therefore not authorized under

A school board trustee, whose powers have been suspended by the Texas Education Commission under subsection 39.112(b), Education Code, may run and serve as a city council member for a city located within the school district's boundaries.|City council member for a city located within the school district's boundaries - A school board trustee, whose powers have been suspended by the Texas Education Commission under subsection 39.112(b), Education Code, may run and serve as a city council member for a city located within the school district's boundaries.

A person may not serve as a member of the board of trustees of the La Vernia Independent School District while simultaneously serving as a member of the board of the Wilson County Memorial Hospital District.

Simultaneously service - an independent school district police chief may simultaneously serve as a constable in the precinct in which the school district is located.|Constables - an independent school district police chief may simultaneously serve as a constable in the precinct in which the school district is located.

Financial statements of school district trustees - posting on district website

Board of Managers of independent school district, period of appointment|Code Construction Act, application to Education Code|Savings provisions of Code Construction Act

School district's contract for legal services, under Texas Supreme Court test, would violate Texas Constitution article III, section 52(a) if (1) the expenditure's predominant purpose does not accomplish a public purpose, but instead benefits private parties; (2) sufficient control over the expenditure is not retained to ensure that the public purpose is accomplished; (3) the school district does not receive a return benefit; and (4) the expenditure fails to provide a clear public benefit in return.|Texas Disciplinary Rules for Professional Conduct, to the extent that circumstances forming the basis for an alleged violation of the, suggest that an expenditure does not comport with the requirements of Texas Constitution article III, section 52(a), a court would rely on the Texas Supreme Court test to make that determination. However, it is unlikely that a court would consider conduct subsequent to a contract's execution in determining whether the contract itself violates article III, section 52(a)|Whether a public purpose under Texas Constitution article III, section 52(a) is served by a particular expenditure raises fact questions that cannot be answered in an attorney general opinion and would be a decision for the school district in the first instance, subject to judicial review.|Texas Constitution article III, section 52(a), in utilizing the Texas Supreme Court test to evaluate public expenditures under, Texas courts have suggested that (1) an incidental benefit to individual trustees does not invalidate the expenditure if the contract is predominantly for the direct accomplishment of a legitimate public purpose of the school district; (2) the principal constitutional concern regarding control measures is not who is implementing them but whether such controls are put into place to begin with; and (3) what constitutes an adequate return benefit depends on a variety of specific circumstances but is called into doubt if there is such a gross disparity in the relative values exchanged as to show unconscionability, bad faith, or fraud.||Article III, section 52(a), whether a public purpose under Texas Constitution article III, section 52(a) is served by a particular expenditure raises fact questions that cannot be answered in an attorney general opinion and would be a decision for the school district in the first instance, subject to judicial review.|Article III, section 52(a), Texas Constitution, under Texas Supreme Court test, a school district's contract for legal services would violate if (1) the expenditure's predominant purpose does not accomplish a public purpose, but instead benefits private parties; (2) sufficient control over the expenditure is not retained to ensure that the public purpose is accomplished; (3) the school district does not receive a return benefit; and (4) the expenditure fails to provide a clear public benefit in return.|Article III, section 52(a), to the extent that circumstances forming the basis for an alleged violation of theTexas Disciplinary Rules for Professional Conduct suggest that an expenditure does not comport with the requirements of, a court would rely on the Texas Supreme Court test to make that determination. However, it is unlikely that a court would consider conduct subsequent to a contract's execution in determining whether the contract itself violates article III, section 52(a).

Education Code chapter 26, parents must have access to all written records concerning their child|Education Code chapter 11, boards of trustees adopt policies for the district, while superintendents implement those policies by adopting administrative regulations|Policy decisions, like those involving parental involvement with a student's gender identity, must be addressed by a board of trustees pursuant to Education Code chapter 11.

A county equalization tax under former chapter 18, Education Code, appears to provide a county school board operating thereunder meaningful discretion with regard to the tax such that a court could determine that the tax is not constitutionally infirm under article VIII, section 1-e.

School district trustee special election, uniform election dates|Uniform election dates for school district trustee special election

Education Code section 29.022 - Upon receiving a request, a school district shall provide equipment not to a single classroom but "to each school in the district" that provides students special education services and otherwise meets the requirements of Tex. Educ. Code § 29.022|Education Code section 29.022, a court would likely conclude that the Texas Education Agency would exceed its rulemaking authority by adopting a rule that narrowly defines "staff member" as used in Tex. Educ. Code § 29.022

Member of a board of trustees of the United Independent School District may not simultaneously serve as a member of the City of Laredo's planning and zoning commission. A court would likely find that a|Board of trustees of the United Independent School District may not simultaneously serve as a member of the City of Laredo's planning and zoning commission. A court would likely find that a member of a

Local option homestead exemption repeals or reductions that Tax Code subsection 11.13(n-1) prohibits. The computation of state funding for school districts receiving additional state aid for tax reduction must not include|Computation of state funding for school districts receiving additional state aid for tax reduction must not include local option homestead exemption repeals or reductions that Tax Code subsection 11.13(n-1) prohibits.|Education Commissioner must not include in the computation of state funding for school districts receiving additional state aid for tax reduction the local option homestead exemption repeals or reductions that Tax Code subsection 11.13(n-1) prohibits.

School buildings are "other residential, commercial, or industrial buildings" within the scope of subsection 388.003(b), Health and Safety Code. A court would likely find that|"other residential, commercial, or industrial buildings" within the scope of subsection 388.003(b), Health and Safety Code. A court would likely find that school buildings are

Tax Code section 26.08(a), an independent school district may not increase a maintenance and operations tax rate above the maximum maintenance and operations tax rate component calculated for purposes of the rollback rate except by voter approval

Interlocal cooperation contract under Government Code chapter 791 - School district may not operate its transportation system outside its geographic boundaries absent a chapter 791 interlocal cooperation contract|School district may not operate its transportation system outside its geographic boundaries absent an interlocal cooperation contract under Government Code chapter 791

Tax appraisal district lacks authority to alter boundary lines or detach and annex property from school district|Procedures for detaching and annexing territory, or establishing or altering school district boundary lines

Absent educational purpose, use of school district's public funds to transport students and employees to and from polling places violates Texas Constitution article III, section 52|Absent educational purpose, school district may not use public funds to transport students and employees to and from polling places|School district public funds may not be used to promote or oppose candidates or measures

Authority of school boards to establish additional eligibility requirements for office of school board trustee by imposing term limits

School district's expenditure for a scholarship program under article III, section 52(a)|School district's expenditure for a scholarship program under Texas Constitution article III, section 52(a)|School district's expenditure for a scholarship program under Texas Constitution article II, section 52(a)

Article XVI, section 40(b)(1) prohibits current public school district employees who are not schoolteachers from receiving salary for city council service|Article XVI, section 40(b)(1) allows public schoolteachers to receive salary for city council service|Whether employee qualifies as schoolteacher is fact question contingent upon directly instructing students in required curriculum

Applicability of Penal Code subsections 46.035(a-1), (a-2), and (a-3) to presiding election judge with handgun license|Applicability of Penal Code subsection 46.03(a)(2) to presiding election judge with handgun license|Applicability of Penal Code prohibitions on open and concealed carry of handguns on higher education institution campus to presiding election judge with handgun license|Applicability of Penal Code prohibitions on carrying handgun at polling place located on private property to presiding election judge with handgun license|Authority of presiding judge with handgun license to carry handgun at polling place on election day|Application of Education Code section 37.125 to presiding election judge with handgun license

Applicability of Education Code section 44.043 to school district procurement efforts|School district's consideration of a vendor or person's relationship with a charter school in its procurement efforts under Education Code section 44.043

Overlapping boundaries of taxing entities in Jim Hogg County - person may not simultaneously serve on both entities|Jim Hogg County Judge may not simultaneously serve as Jim Hogg County Independent School District trustee|Person may not serve as Jim Hogg County Judge while simultaneously serving as Jim Hogg County Independent School District trustee|Jim Hogg County Independent School District trustee may not simultaneously serve as Jim Hogg County Judge

Permanent School Fund is nonspendable except for specific distributions and payments authorized by article VII, section 5|Permanent School Fund is nonspendable except for specific distributions and payments authorized by Texas Constitution article VII, section 5|Permanent School Fund - extent to which General Land Office should classify as nonspendable in annual financial reporting|Classification of Permanent School Fund in annual financial reporting

Acquisition of property from Federal Lands to Parks Program|Federal Lands to Parks Program - Junior college district's acquisition of property from|Junior college district's acquisition of property from Federal Lands to Parks Program

Whether a particular expenditure satisfies Texas Supreme Court three-part test in Texas Municipal League is determination for commissioners court in the first instance subject to judicial review|County may not spend county tax revenue to contribute to operation of county hospital district|Whether providing law enforcement services, grounds maintenance, and library for independent school district primarily serves a county purpose

Maintenance and operations tax, application of wealth reduction provisions to property tax revenues attributable to tax rate in excess of $1.50 per $100 valuation|School district maintenance and operations tax, application of wealth reduction provisions to property tax revenues attributable to tax rate in excess of $1.50 per $100 valuation|Public free schools, efficient system of

Former teachers who accept temporary employment with third-party contractors who provide educational services to school districts do not forfeit retirement benefits

School district employee who is also city council member may participate in city council actions affecting school district|School district is not a business entity within Local Government Code chapter 171|Business entity

Teacher appraisals, whether Board for Educator Certification may require school districts to provide appraisals for Board to use in approving educator preparation programs and in certifying teachers|Teacher appraisals, whether Board may require school districts to provide appraisals for Board to use in approving educator preparation programs and in certifying teachers

School district's payment of legal fees of claimant against whom it has prevailed in court is gratuitous donation of public funds in violation of article 3, section 52

Open-enrollment charter school, a municipality is not authorized to issue certificates of obligation to finance construction of school facility|Certificates of obligation, authority of a municipality to issue to finance construction of a municipal open-enrollment charter school facility

Medical expenses and travel costs related to student's injury at school or while involved in a school activity, school district's authority to pay|School district's authority to provide for health and safety of students

Improvements, distinguishing from repairs for purposes of limit on value of senior's residence homestead for school-district taxation|Improvements, for purposes of cap on residence homestead's appraised value repairs made after natural disaster are and are not "ordinary maintenance"|Ordinary maintenance|Repair|Improvement|Improvements and repairs to residence homestead after natural disaster, valuing for purposes of statute limiting tax a school district may collect from senior and of statute capping appraised value|Residence homestead of senior, valuation may be increased to reflect value of improvements made following a natural disaster that damaged home; distinguishing between repairs and improvements

Including|Conservation measure|Energy savings performance contract, school district may enter only in accordance with Education Code section 44.901|Energy savings performance contract, whether particular is contract for services is fact question

Voting Rights Act claim arising in context of election contest suit, whether school district may reimburse trustee for legal expenses related to|Legal expenses related to Voting Rights Act claim arising in context of election contest suit, whether school district may reimburse trustee for

Dallas Independent School District permitted by section 11.064 of Education Code to use modified version of redistricting procedure under section 11.052 of code to redistrict at times other than that immediately following federal decennial census

Withhold purported wrongful payments from employee's salary without agreement or judicial action, district may not|Personal liability of trustees for official action depends on whether action was taken in good faith|Advisory in nature and not binding on courts, attorney general opinions are

Retired employees receiving group health care coverage under Texas Public School Retired Employees Group Insurance plan who have returned to work, school district not participating in Texas Public School Employees Group Insurance plan required to provide |Retired employees who have waived coverage under Texas Public School Retired Employees Group Insurance plan, school district not participating in Texas Public School Employees Group Insurance plan obliged to subsidize health care coverage of

Superintendent has delegated authority to select personnel and duty to assign personnel, members of school board are not public officials with statutory appointment or confirmation authority for purposes of nepotism statues where|Superintendent has delegated authority to select personnel and duty to assign personnel, members of school board are not public officials with statutory appointment or confirmation authority for purposes of nepotism statutes where|Nepotism prohibition, trustees are not public officials with statutory appointment or confirmation authority for purposes of if superintendent has final authority

School trustee, office of, not incompatible with serving as umpire at district baseball games|School trustee must, under certain circumstances, disclose interest in contract with school district regarding his serving as umpire at district baseball games|Umpire at district baseball games, trustee not barred by incompatibility from serving as, but may, under certain circumstances, have to disclose interest in contract with district

School district superintendent, validity of employment contracts between school districts and employees related to the superintendent within a prohibited degree where the superintendent had final authority to select personnel|Nepotism, validity of employment contracts between school districts and employees related to the superintendent within a prohibited degree where the superintendent had final authority to select personnel

Provisional admission to school for children based on immunization status, the Education Agency has no authority to regulate|Immunization status, Department has exclusive authority to regulate provisional admission to school for children on based on|Provisional admission is not permitted for children who have not complied with statutory immunization requirements and rules adopted by the Department of Health|Immunization requirements, provisional admission to school is not permitted for children who have not begun to comply with and who are not excepted

Retroactive tax exemption|Travel trailers, retroactive exemption for|Refund tax collected on travel trailers under retroactive exemption in 2002 and 2003, no implied authority for political subdivision to|Travel trailers, no implied authority to refund taxes collected in 2002 or 2003

Different phrases in a statute are intended to mean different things|Particular purpose, we presume the legislature chooses each word or phrase to serve a|Corporal Punishment|Corporal punishment, a school district may bring a disciplinary action against a professional employee if the use is inconsistent with the district's policy, although a school district may not bring an action against an employee who uses physical force as

Advanced Placement Incentive Program, terms under which public school teacher may receive payment under section 521.126 of Education Code|Advanced Placement Program, a payment to a public school teacher under section 521.126 of the Education Code serves a public purpose|Advanced Placement Incentive Program, a payment to a public school teacher under section 521.126 of the Education code serves a public purpose.

Early payment discounts, school district may not offer to its taxpayers if the school district contracts with a county for tax collection services and the county does not offer early payment discounts for county taxes

Disciplinary action, school district police department cannot take disciplinary action on a complaint against a police officer without giving the officer a copy of the complaint signed by the complainant|School district police department police officer, section 37.081(f) of the Education Code, concerning school district peace officers, does not conflict with chapter 614, subchapter B of the Government Code, concerning complaints against certain law enforc|School district police department peace officer, section 37.081(f) of the Education Code, concerning school district peace officers, does not conflict with chapter 614, subchapter B of the Government Code, concerning complaints against certain law enforce

Accumulated vacation time, paid as salary under an employment contract, is not creditable compensation for purposes of determining Teacher Retirement System benefits|Accumulated vacation time, paid as salary under an employment contract, is not creditable compensation for purposes of determining benefits

Improvement district, school trustee may not serve as director of, when geographical boundaries overlap|School district, director of improvement district with boundaries overlapping, may not serve as trustee of

Leased land, article III, section 52 does not prohibit a school district from using public funds to construct buildings on if the board of trustees determines that the expenditure serves a public purpose and places sufficient controls on the transaction t|Long term lease of school district land to private entity, an independent school district has implied authority to lease school land to a private entity, but in leasing school property the board of trustees may not (i) permit uses of the property that wou

Sheriff may not simultaneously serve as school trustee in his county|School trustee in his county, sheriff may not simultaneously serve as

Amendment of Tax Code section 31.05(a), prior to amendment an independent school district could not adopt an early payment discount when the district did not collect its own taxes and had contracted for the county appraisal district to collect school district taxes|Early payment discount, an independent school district may offer such a discount regardless of the entity that collects its taxes beginning with the 2005 tax year for some districts and the 2006 tax year for others

Corporal punishment, a professional employee of a school district may utilize to the extent permitted by section 9.62, Penal Code, section 22.0512(a), Education Code, and any school district policy|Corporal punishment, a school district may adopt a policy authorizing without the permission of those persons listed in section 151.001(e), Family Code|Corporal punishment, section 151.001(e), Family Code, creates a right in certain persons to use in the reasonable discipline of the person's children

Self-appointment aspect of the common-law doctrine of incompatibility voids the appointment of a sitting school board trustee by a vote of the school board to fill a vacancy on the board created by the resignation of another trustee

County school funds, Chambers County may not contract with a bank to invest or manage its permanent school fund|County school funds, Chambers County may not contract with a bank to invest and manage its permanent school fund|County school lands, Chambers County may not contract with a bank to invest and manage its permanent school fund

Chief of police of Type A general-law municipality, who serves at pleasure of board of aldermen, is not prohibited from simultaneously serving as member of board of trustees of school district whose geographical boundaries overlap with those of city|School trustee, chief of police of Type A municipality not prohibited from simultaneously serving as, where geographical boundaries overlap|School trustee, where geographical boundaries overlap chief of police of Type A municipality is not prohibited from simultaneously serving as

Substitute teacher may receive compensation for serving as member of city council|Member of city council, substitute teacher may receive compensation for serving as

County permanent school fund and available school fund, distribution among school districts in a county|School trust funds; distribution by commissioners court of corpus of the county permanent school fund among school districts in a county; distribution by county judge of the available school fund among school districts in a county|County permanent school fund and available school fund, distribution by commissioners court among districts in a county

Failure to attend school, court must dismiss referral filed by school district against a student for failure to attend school if district did not file complaint within seven days of student's tenth unexcused absence within a six-month period in same school year|Failure to attend school, court must dismiss complaint filed by a school district against student for failure to attend school if school district did not file complaint within seven days of student's tenth unexcused absence within a six-month period in same school year|Failure to attend school, court must dismiss complaint filed by a school district against student for failure to attend school if district did not file complaint within seven days of student's tenth unexcused absence within a six-month period in same school year|Failure to attend school, court must dismiss complaint filed by a school district against a student for failure to attend school if school district did not file complaint within seven days of student's tenth unexcused absence within a six-month period in same school year|Student's failure to attend school, requisite time period for school district to file complaint or referral or risk dismissal without recourse to file again (GA-0574 (2007) notes that new legislation supersedes a portion of GA-417's conclusion, see Tex. Educ. Code Ann. § 25.0951(a)).|Student's failure to attend school, requisite time period for school district to file complaint or referral or risk dismissal and authority to file again (GA-0574 (2007) notes that new legislation supersedes a portion of GA-417's conclusion, see Tex. Educ. Code Ann. § 25.0951(a)).

Exemptions from immunizations required by the Department of State Health Services, private schools are not required to, but may accept|Exemptions from immunizations required by the Department, private schools are not required to, but may accept

Funds set aside for the purchase of school textbooks may not be used to purchase computer hardware|School textbooks, funds set aside for the purchase of, may not be used to purchase computer hardware

Textbooks, the State Board of Education may adopt general textbook content standards if such standards fall within the Board's statutory authority but may review ancillary items that are within the definition of "textbook"|Textbooks, the Board may adopt general textbook content standards if such standards are within the Board's statutory authority; Board also has authority to review ancillary materials that are within the definition of "textbook"

School trustee not barred from simultaneously holding office of county clerk|County clerk, school trustee not barred from simultaneously holding office of

School district lease-purchase contracts under Public Property Finance Act, applicable procurement procedures|Lease-purchase contracts under Public Property Finance Act, applicable procurement procedures

Independent school district trustees, authority to develop leased land|New school development, authority of independent school district trustees to pay impact fees|Developing leased land|Impact fees, authority to pay|Agreement|Impose

School district, federal school nutrition program, food service management contract, delegation of authority|Contracts, federal nutrition program, food service management company, delegation of authority\r\n

Permanent school fund, accounting methodology for calculating market value for distribution to available school fund \r\n|Permanent school fund, exclusions of funds held for purchase of additional real property from market value for calculating distribution to available school fund\r\n|Real property

Open-enrollment charter schools are not authorized in that capacity to operate a commissioned police force\r\n

Education Code section 11.0581 requires a school district with three-year trustee terms to change to four-year terms in order to comply with its election dates\r\n|Expired statute has no force or effect|Expired

School district property, calculating deduction for total taxable value of|Total taxable value

Parkland, lease or sale of to an independent school district|Parkland, lease or sale of home-rule municipality's parkland to an independent school district|Lease or purchase of municipal parkland for school-district purposes, a school district's authority to|Notice and publication requirement

Complaint or referral against a student who has accumulated ten or more unexcused absences within a six-month period in same school year, requisite time period to file|Dismissed complaint regarding student's failure to attend school, a new complaint may be filed |School district that fails to file a complaint or referral within ten school days of student's tenth unexcused absence, Education Code imposes no penalties on school district other than dismissal of complaint

School district agreement to improve property not owned or leased by school district, operation of statute prohibiting|Real property not owned or leased by school district, operation of statute prohibiting agreement to improve

Failure to attend school, procedure that must be followed when complaint or referral is filed against student who has accumulated ten or more unexcused absences within a six-month period|Failure to attend school, procedure that must be followed when complaint or referral is filed against student who has accumulated ten or more unexcused absences with a six-month period|Multiple amendments to one statute occurring at the same legislative session must be harmonized unless they are irreconcilable

Schoolchildren's Religious Liberties Act, continued existence of federal permanent injunction issued against Houston Independent School District precludes determination of whether certain terms of injunction prevail over provisions of

State Board for Educator Certification is not precluded from adding to offenses listed in section 21.060 of Education Code pursuant to its authority under chapter 53 of Occupations Code|Board is not precluded from adding to offenses listed in section 21.060 of Education Code pursuant to its authority under chapter 53 of Occupations Code|Including|May

County school lands, county and school districts may not jointly develop or sell mineral rights and natural resources from

Available school fund, constitution does not permit school land board to transfer funds from permanent school fund to available school fund|Constitution does not permit School Land Board to transfer funds from permanent school fund to available school fund|Participates in constitutionally required process for transferring funds from permanent school fund to available school fund|Permanent School Fund\r\nPerpetual School Fund\r\nPublic Free School Fund\r\nTotal Return

Open-enrollment charter school is an entity for which the state may enter into an agreement with the Social Security Administration|Political subdivision|Instrumentality of a State

Affiliate|Benefit|Company|Qualified 403(b) investment products, whether an educational institution violates article 6228a-5, section 9(a)(4)–(7) by contracting with a third-party administrator that is affiliated with a company selling is a fact question

School district is not required to pay impact fee imposed by political subdivision unless board consents to such payment by entering into contract with political subdivision|Impact fee imposed by political subdivision, school district is not required to pay unless board consents to such payment by entering into contract with political subdivision

Proper formula under section 21.402, Education\r\nCode, for determining the required contributions by a school district to the Teacher Retirement System for compensation that exceeds the statutory minimum|Notwithstanding

Standard method adopted by the Higher Education Coordinating Board for computing a grade point average for purposes of university admission under subchapter U, chapter 51 of the Education Code applies to school districts in the absence of a standard method adopted by the Commissioner of Education and shall be prospective |Standard method adopted by the Board for computing a grade point average for purposes of university admission under subchapter U, chapter 51 of the Education Code applies to school districts in the absence of a standard method adopted by the Commissioner of Education and shall be prospective

Hebrew Scriptures and its impact; New Testament and its impact, school districts and charter schools are authorized but not required to offer elective courses on |Hebrew Scriptures and its impact; New Testament and its impact, school districts and charter schools that choose to offer such courses are not required to offer the course for the semester as a campus where fewer than fifteen students register to enroll in the course|Religious literature, including the Hebrew Scriptures (Old Testament) and New Testament, and its impact on history and literature, form part of the enrichment curriculum of school districts and charter schools|May\r\nRequired\r\nShall

Public funds, grant of county funds to school district or charter school

Economic development, appraised property value limitation for maintenance & operation taxes, persons eligible to apply for|Economic development, value limitation for maintenance and operation taxes, persons eligible to apply for\r\n|Qualified property

Licensing of child-care facility by the Texas Department of Family and Protective Services, whether a school district operates a particular program that is therefore exempt from such requirements under section 745.119(1), title 40 of the Texas Administrative Code is a question of fact|Licensing of child-care facility by the Department, whether a school district operates a particular program that is therefore exempt from such requirements under section 745.119(1), title 40 of the Texas Administrative Code is a question of fact|Operate

School district chief of police and city council member, simultaneous services as|City council member simultaneously serving as school district chief of police, incompatibility of offices|School district chief of police simultaneously serving as city council member, incompatibility of offices

Common-law standard for determining majority vote by school district board of trustees to act in its official capacity, section 11.051(a-1), Texas Education Code, does not alter

Aesthetics and maintenance of property values, home rule city may enforce against school district ordinances based upon

Local government policy that prevents cooperation with the federal government regarding a person’s immigration status, likely preempted

Failure to attend school may be prosecuted in a justice court of any precinct of a county in which the alleged truant resides or in which his school is located

Number of potential suppliers available to sell products to a school district, whether reverse auction company’s procedures impermissibly limit the number is a fact question not appropriately answered by the opinion process|Use of third party reverse auction company to host auctions on school districts’ behalf for purchasing contracts of $10,000 or more is not an improper delegation of authority

Limitation on amount to be transferred from the permanent school fund to the available school fund under article VII, subsection 5(a)(2) of the Texas Constitution to be applied annually

Dallas Independent School District Board of Trustees was not authorized to change length of members' terms of office after December 31, 2007|Length of terms of trustees, Dallas Independent School District Board not authorized to change length of members' terms of office after December 31, 2007

Acting as an unpaid advisor to school district board of directors and representing district for compensation in the collection of delinquent taxes, propriety of|Attorney acting as an unpaid advisor to school district board of directors and representing district for compensation in the collection of delinquent taxes, propriety of

Individual may simultaneously serve as a principal of a disciplinary alternative program campus that serves several school districts and as a member of the board of trustees of one of the served school districts|School district principal is not a public officer

Payment of civil penalty under chapter 707, Transportation Code, by school district, would not contravene article III, sections 51 and 52(a) of Texas Constitution if district is liable|Payment of civil penalty under chapter 707, Transportation Code, by school district, may not contravene article III, sections 51 and 52(a) of Texas Constitution if district is not liable but payment accomplishes public purpose|Payment of civil penalty under chapter 707 of the Transportation Code by school district may not contravene article III, sections 51 and 52(a) of the Constitution if district is not liable but payment accomplishes public purpose

Employee of a third-party company who is not hired, paid, or supervised by the school district is not a school district employee, even if company assigns him to perform services at school district|School district trustee barred from becoming an employee of the school district until the first anniversary of the date his membership on the school board ends, construction of statutory prohibition

Criminal history evaluation letter, licensing agency’s authority to obtain information regarding a potential applicant seeking a|Criminal history evaluation letter, State Board for Educator Certification's authority to obtain information regarding a potential applicant seeking a

Constitutional challenge, Legislature’s decision not to authorize school districts to process payroll deductions for contributions to political committees would likely withstand a|Political committees, school districts are prohibited from processing payroll deductions for employees’ contributions to|Processing unauthorized payroll deductions, cannot determine as matter of law section 39.02(a)(2) of the Penal Code is violated as a result of|Membership fees or dues|Professional organization

Rollback tax elections and procedures, authority to set tax rates under Tax Code section 26.08|School districts authority to set tax rates under Tax Code section 26.08 rollback provisions

Salaries for teachers and certain other employees during the 2010-2011 school year include any local supplement and career ladder supplement he or she would receive under the school district’s 2008-2009 local salary schedule if it were in effect for the 2010-2011 school year|School district that adopted a local salary schedule for the 2008-2009 school year must compensate experienced educator who was first hired for the 2010-2011 school year must be compensated under the local salary schedule according to his or her years of experience

County road right-of-way, a school district has no right to install fiber-optic cable in|A school district has no right to install fiber-optic cable in a county road right-of-way|Install telecommunications equipment in the right-of-way of a public road, no right to absent statutory authority|Right-of-way

Employing persons related to board members within the degrees described in chapter 573 of the Government Code, the Legislature has generally prohibited a school district from|Employing persons related to school district board members within the degrees described in chapter 573 of the Government Code, school districts, with the exception of those described in section 11.1513(g) of the Education Code, are prohibited from

A school district may, not later than December 31, 2010, change the date on which it holds its general election for trustees to the November uniform election date and adjust the terms of office to conform to the new election date pursuant to Election Code section 41.0052

A school district may, not later than December 31, 2010, change the date on which it holds its general election for trustees to the November uniform election date and adjust the terms of office to conform to the new election date pursuant to Election Code section 41.0052

Parent, A school district may not prohibit from having an advocate as authorized by section 29.306 of the Education Code|School district may not prohibit a parent from having an advocate as authorized by section 29.306 of the Education Code

Term \\"classroom set\\" of textbooks, as defined by the SBOE|University open-source textbooks, a classroom set of textbooks can include|Authority under section 31.0241 of the Education Code to decline to place an open-source textbook on the conforming or nonconforming list if disagree with an eligible institution’s determination that the textbook qualifies for placement on the conforming or nonconforming list, SBOE has no|Administrative penalty for violations under subchapter D, chapter 31 of the Education Code on a university that is properly characterized as a publisher, SBOE has authority to impose|Open-enrollment charter school or school district that acquires a university open-source textbook at a cost below the cost limit established under section 31.0251(a) of the Education Code is entitled to a credit|Request that a student be allowed to take home any textbook, including one that is part of a classroom set, if the textbook is used by the student and is available, a parent is entitled to and a district or school must honor|Technological equipment is not property of the state, under section 31.021

Election Code section 41.0052, board of trustees of independent school district may not currently change the date on which it holds its elections for its members to the May uniform election date but may only change to the November uniform election date as provided by

State Board of Education, authority to pay attorney fees on a contingent basis out of recoveries of the corpus of the Permanent School Fund|State Board of Education, authority to pay attorney fees out of recoveries of the corpus of the Permanent School Fund|Attorney fees, authority of Board to pay attorney fees out of recoveries of the corpus of the Permanent School Fund|Permanent School Fund, authority of State Board of Education to pay attorney fees out of recoveries of the corpus of the Permanent School Fund

School district’s expenditure of funds for city-mandated infrastructure will not violate article III, section 52 of the Texas Constitution, if school district determines that paying the city for infrastructure costs accomplishes a public purpose and that it otherwise meets the requirements established by the Texas Supreme Court|School district’s expenditure for city-mandated infrastructure, district’s trustees could conclude under proper facts that expenditure is \\"necessary in the conduct of public schools\\" and therefore in compliance with section 45.105 of the Education Code|City ordinance that imposes an impact fee, a school district is not required to pay that fee in the absence of an agreement to do so under section 395.022(b) of the Local Government Code

On-site healthcare clinic in addition to offering state-mandated coverage, school district may operate without violating section 22.004(i) of the Education Code|On-site healthcare clinic in addition to state-mandated coverage, school district may operate without violating section 22.004(i) of the Education Code

Conviction information that the Texas Youth Commission must furnish to a school district when its parolee transfers to a district in which he has not been previously enrolled|Statement of offense

Investment, the State Board of Education may make any investment that persons of ordinary prudence, discretion, and intelligence make in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital|Investments for any purpose other than managing the assets of the permanent school fund, article VII, section 5(f) does not allow the State Board of Education to make

School district chief of police is not a “schoolteacher� for purposes of proviso of article XVI, section 40(b) of the Texas Constitution, and thus may not be compensated for service on a city council|Service on city council, school district police chief who is not a “schoolteacher� may not be compensated for

Independent school district may not defray legal expenses of administrator who files action for defamation|Legal expenses of administrator who files action for defamation, school district may not defray legal expenses of

Licensed Specialist in School Psychology, authority to use \\"Nationally Certified School Psychologist\\" as a professional descriptor

Catalog purchasing provision of section 2157.0611 of the Government Code, to the extent that it is currently in effect, does not apply to purchases by an independent school district.|Amendment of statute after its repeal, effect of

Superintendent is not a public official subject to the anti-nepotism provisions of chapter 573 of the Government Code when assigning a district employee to a particular district campus

Although no statute prohibits an interlocal agreement between a school district and a county whereby attendance officers employed by the district would simultaneously serve as juvenile court coordinators in the justice of the peace courts, the propriety of such an arrangement should be addressed to the State Commission on Judicial Conduct

Municipal ordinance prohibiting sale of alcoholic beverages by dealer whose place of business is within 300 feet or 1,000 feet of public school, authority of general-law governing body to enact

Truancy, person over age of eighteen is not subject to prosecution for committing offense of failing to attend school under section 25.094, Texas Education Code

Charitable campaigns, school district not prohibited from authorizing under section 22.011, Education Code|Charitable campaigns, school district not prohibited from authorizing under section 22.011, Education Code\r\n\r\nCharitable contributions, solicitation of at meetings under section 22.011, Education Code: Not permitted if employee attendance is mandatory, instructed or expected, or forced in any manner, if the solicitation is a purpose-even if not sole purpose-of meeting; but if attendance is voluntary, section 22.011 does not prohibit a presentation to solicit donations \r\n\r\nCharitable campaign solicitation materials, sending of, not prohibited under section 22.011, Education Code so long as school district does not make contribution mandatory or instruct, expect, or force employee either to make or refrain from making contribution in any manner \r\n\r\nCharitable contributions, identification of employee donors, likely not permitted under section 22.011, Education Code to extent identification could constitute direct or indirect coercion|Charitable campaigns, school district not prohibited from authorizing under section 22.011, Education Code\r\n\r\nCharitable contributions, solicitation of at meetings under section 22.011, Education Code: Not permitted if employee attendance is mandatory, instructed or expected, or forced in any manner, if the solicitation is a purpose---even if not sole purpose---of meeting; but if attendance is voluntary, section 22.011 does not prohibit a presentation to solicit donations \r\n\r\nCharitable campaign solicitation materials, sending of, not prohibited under section 22.011, Education Code so long as school district does not make contribution mandatory or instruct, expect, or force employee either to make or refrain from making contribution in any manner \r\n\r\nCharitable contributions, identification of employee donors, likely not permitted under section 22.011, Education Code to extent identification could constitute direct or indirect coercion

Municipal ordinance prohibiting the sale of alcoholic beverages by a dealer whose place of business is within 300 feet or 1,000 feet of a public school, authority of home-rule municipality’s governing body to enact|Sale of alcoholic beverages by a dealer whose place of business is within 300 feet or 1,000 feet of a public school, authority of home-rule municipality’s governing body to enact prohibition of|Municipal ordinance prohibiting the sale of alcoholic beverages by a dealer whose place of business that is within 300 feet or 1,000 feet of a public school, authority of home-rule municipality’s governing body to enact

Junior college districts, under Education Code chapter 130, junior college districts are \\"school districts\\" within the meaning of Texas Constitution article VII, section 3|Meaning of the term \\"school district\\" within context of Local Government Code subsection 395.022(b) concerning impact fees|School district|Junior college district|Under Education Code chapter 130, junior college districts are \\"school districts\\" within meaning of Texas Constitution article VII, section 3

Education Code section 11.053, independent school district board of trustees may not appoint a current member to a newly-created position and thereby extend that member\\'s term pursuant to|Education Code section 11.053, independent school district board of trustees may not appoint a current member to a newly-created position and thereby extend that member\\'s term

Article I, section 32 of the Texas Constitution, political subdivisions are prohibited from creating a legal status of domestic partnership and recognizing that status by offering public benefits based upon it, pursuant to|Article I, section 32 of the Texas Constitution, political subdivisions, including municipalities, are prohibited from creating a legal status of domestic partnership and recognizing that status by offering public benefits based upon it, pursuant to|Article I, section 32 of the Texas Constitution, political subdivisions, including school districts, are prohibited from creating a legal status of domestic partnership and recognizing that status by offering public benefits based upon it, pursuant to

Government Code subsection 573.062(a)(2)(B), an individual must be continuously employed for six months prior to the election of a school district trustee to whom the individual is related in a prohibited degree|Government Code subsection 573.062(a)(2)(B), the starting date for calculating the continuous-employment exception is the first day the employee is employed by the school district. The end date for calculating the continuous-employment period is the date the public official qualifies for and assumes office

Nepotism prohibition of Government Code section 573.041 generally applies to a grandson because a grandparent and grandchild are related in the second degree of consanguinity|Starting and ending dates for determining whether requisite period of the continuous-employment exception to nepotism prohibition of Government Code section 573.041 has been satisfied are the date when the individual is initially employed and the date the elected official assumes office, respectively|Government Code section 573.062 provides an exception to nepotism prohibition in Gov\\'t Code section 573.041 provided employment is continuous|Employment ends when the \\"employment relationship\\" is broken; therefore, once the continuous-employment exception is satisfied, it exempts and individual from the nepotism prohibition of Government Code section 573.041 only until the employment relationship is broken.|Determining whether employment was \\"continuous\\" under Government Code section 573.062(a)(2)depends on specific circumstances|Employment \\"on an intermittent, day-to-day basis\\" does not constitute continuous employment. By contrast, periodic service provided pursuant to a year-long contract may constitute \\"continuous\\" employment|Determining whether employment was \\"continuous\\" under Government Code section 573.062(a)(2)depends on specific circumstances of a school district, the employee, and the terms of the underlying employment contract and is a determination to be made by the District in the first instance

Concealed handgun - School district authority to appoint an employee or trustee to carry a concealed handgun at any meeting or on the premises of school property where a sporting event or interscholastic event is taking place|School district authority to appoint an employee or trustee to carry a concealed handgun at any meeting or on the premises of school property where a sporting event or interscholastic event is taking place

Subsection 11.1513(g), Education Code, permits a superintendent with hiring authority to make appointments that would otherwise be prohibited under section 573.041 in counties with a population of less than 35,000.|The plain terms of section 573.041 prohibit the \\"appointment\\" of certain persons, not the ongoing employment of someone already appointed|An independent school district may continue to employ an individual whose initial hiring was exempt from nepotism under subsection 11.1513(g) after the population of the county in which the school district is located meets or surpasses 35,000

Geographic location of in-person public meeting of open-enrollment charter school|Videoconference call meeting of open-enrollment charter school board under Government Code section 551.127|Authority of open-enrollment charter school board members to participate in a videoconference call public meeting from location outside of its geographic service including out of state area

Authority to impose additional burdens or conditions in excess of existing statutory filing requirements chosen by the Legislature; El Paso County lacks under Education Code section 11.0641|Financial statement, school district trustee subject to Education Code section 11.0641 who holds office at any time on or after January 1, 2015, including in a holdover capacity, must file a financial statement under section 11.0641 for the 2014 calendar year|Financial statement, school district trustee who resigned and whose successor has been duly qualified and sworn into office prior to January 1, 2015, is not required to file for 2014 under Education Code section 11.0641

Concurrent service of juvenile probation officer and school district trustee

Maintenance and operations average tax rate adjustment for school districts, Teacher Retirement System may calculate to the fourth decimal place to determine district's liability for state contribution to retirement fund

Private roads used for school bus routes, county is not authorized to maintain

Contracts for management of school food services, public school districts participating in federal school nutrition programs must award on a competitive basis

Appointment of teachers and staff by district administrators to specific campus subject to principal's approval

Accrued sick leave, authority of school district to pay

Election, number of members elected in transition from seven to nine member board|School district trustee election, number of members elected in transition from seven to nine member board

County education district board member, school district trustee not prohibited from serving as where school district is component of county education district|School district trustee not precluded from teaching in a different school district|Constitutional prohibitions of dual office holding or common-law doctrine of incompatibility, neither bar school district trustee from simultaneously serving on the board of the county education district of which his school district is a component, from t|School district trustee, constitutional prohibition of dual office holding does not preclude from also serving on the board of the county education district of which his school district is a component, from teaching in a different school district, or from|School district trustee, doctrine of incompatibility of offices does not preclude from also serving on the board of the county education district of which his school district is a component, from teaching in a different school district, or from working pa|School district trustee not precluded from working part-time in state legislator's office

Nonsmoking policy, board may adopt and enforce|Nonsmoking policy, school district board may adopt and enforce

County education district, Education Commission is not authorized to create a new district or to reassign Mason Independent School District to a county education district different from that to which the school district is statutorily assigned|County education districts, Mason Independent School District is not authorized to request reassignment to a different

Handicapped accessibility, school district must comply with municipal building code requirements|Local building codes governing accessibility to building, waiver granted under article 601b, section 7.02(e) of the State Purchasing and General Services Act, Revised Civil Statutes, does not preempt enforcement of|Local building codes governing accessibility to building, waiver granted under article 601b, section 7.02(e), Revised Civil Statutes, does not preempt enforcement of

Independent school districts are not authorized to deposit funds in the demand accounts of savings and loan associations|Institutions of higher learning are not authorized to deposit funds in the demand accounts of savings and loan associations|Municipalities are not authorized to deposit funds in the demand accounts of savings and loan associations|Counties are not authorized to deposit funds in the demand accounts of savings and loan associations|Depository, municipality not authorized to deposit funds in the demand accounts of savings and loan associations|Savings and loan associations, municipalities, counties, independent school districts, and institutions of higher learning are not authorized to deposit funds in the demand accounts of|Depository, institution of higher learning not authorized to deposit funds in the demand accounts of savings and loan associations|Depository, county not authorized to deposit funds in the demand accounts of savings and loan associations|Depository, school district not authorized to deposit funds in the demand accounts of savings and loan associations

Procurement policies, board of trustees of independent school district may not incorporate into its competitive bidding policies specific criteria that are not authorized by statute

Marriage to school board member, school district employee may retain position if continuously employed for six months prior to election of spouse|Back wages, school district may pay to an employee who would have been promoted except for board's discriminatory treatment even though employee's mother presently sits on board|Principal of school, nepotism prohibitions do not apply to|Independent contractors, nepotism prohibitions apply to|Principal is employee, not officer responsible for hiring, and therefore not subject to nepotism prohibitions

Proprietary School Tuition Protection Fund, interest on accrues to State's general revenue fund|Proprietary School Tuition Protection Fund is not a trust; interest on Fund accrues to State's general revenue fund

County education district is a school district for purposes of "truth-in-taxation" provisions|Truth-in-taxation provision applicable to county education districts

Corporate sureties, whether school district may establish their own standards for financial solvency of

County education district, whether board of trustees may adopt discounts for timely payment of taxes

Teacher returning from leave of absence for temporary disability, school district must place on active duty before beginning of next school year|School term

Prekindergarten program, availability to children|Available school fund, children enrolled in prekindergarten classes are entitled to benefits of

Tardiness to class does not constitute unexcused voluntary absence and does not invoke truancy proceedings (Overruled by Court Decision, 980 S.W.2d 788)\r\n\r\n\r\n|Truancy proceeding, child has a right to counsel before justice of the peace (Overruled by Court Decision, 980 S.W.2d 788)|Truancy proceeding, juvenile court not required to hold hearing prior to waiving jurisdiction and transferring to justice of the peace (Overruled by Court Decision, 980 S.W.2d 788)\r\n\r\n|Truancy proceeding, child has right to counsel before justice of the peace (Overruled by Court Decision, 980 S.W.2d 788)|Truancy proceeding, juvenile court not required to hold hearing prior to waiving jurisdiction and transferring to justice of the peace (Overruled by Court Decision, 980 S.W.2d 788)\r\n\r\n\r\n|Tardiness to class does not constitute unexcused voluntary absence and does not invoke truancy proceedings (Overruled by Court Decision, 980 S.W.2d 788)\r\n

Investment of funds in mutual funds holding only adjustable rate mortgages that obligate United States agencies|Investment in mutual funds holding only adjustable rate mortgages that obligate United States agencies|Mutual funds holding only adjustable rate mortgages that obligate United States agencies, authority of certain public entities to invest in

Gasoline tax, gasoline purchased by school district and used by independent contractors solely for provision of transportation services to school district is exempt from

School district board, prohibition on entering into contracts in which trustee or spouse has a "significant interest"|Significant interest|Contracts, prohibition on those in which trustee or spouse has a "significant interest"

Termination hearing of teacher, board of trustees of school district may not convene in executive session for the hearing when teacher specifically requests that hearing be open to public

Private nonprofit foundation, board of trustees authorized by statute to provide free office space if school purpose is served, but in order to comply with constitution must also ensure that transaction serves a public purpose, that consideration is adequ|Conflicts of interest, whether school trustee may serve on board of nonprofit corporation established to benefit school district, authority of school board to contract with business entity governed by board on which school district trustee serves|School district provision of free office space to private nonprofit foundation, board of trustees must determine that transaction serves a public purpose, that consideration is adequate, and that controls are sufficient to ensure public purpose is achieve

Endowment fund for educational purposes, school district may establish with donations or bequests but may not place proceeds of land sale therein|Sale of land owned by school district, use of proceeds

County school administration is a "school district" subject to restrictions on lobby-related activities by school districts

Available school fund payments to school districts, authority of State Board of Education to enact regulation providing for the deduction of money owed to state schools|Available school fund payments to school districts, authority to enact regulation providing for the deduction of money owed to state schools|Education, authority of State Board of Education to enact regulation providing for deduction of money owed to state schools for blind and deaf students by school districts from available fund payments

Teachers' Professional Practices Commission, effect of abolition on Code of Ethics and Standard Practices for Texas Educators

Arrested or detained student, authority of law enforcement agency to communicate information about arrest or detention to school officials|School student arrested or detained, authority of law enforcement agency to communicate information about arrest or detention to school officials

Disannexation, school district's authority to dissolve its participation in junior college district|Disannexation of territory from junior college district, authority of school district to dissolve its participation in junior college district

County commissioner, office of school district trustee is incompatible with office of|Public school district trustee, office of county commissioner is incompatible with office of|County commissioner and public school district trustee are incompatible offices

School districts, right to equal protection|School districts, right to free speech|Registered lobbyists, school district's employment of|Registered lobbyists, school district's use of local funds to employ

Contract for educational services provided to school district by public or private entities, application of statutory requirements imposed on school districts|Educational services provided to school district by public or private entities under contract, application of statutory requirements imposed on school districts

Insurance, whether school district must competitively bid contract to purchase (Superseded by statute as noted in Tex. Att'y Gen. Op. No. DM-418 (1996))|Competitive bidding requirements, application to purchase of insurance by school district (Superseded by statute as noted in Tex. Att'y Gen. Op. No. DM-418 (1996))

Automated information systems, purchase by local governments through state catalogue purchasing procedure

School district's authority to sell paging device seized from student|Seizure of leased paging device in possession of student by school district|Due process, school district's seizure of leased paging device in possession of student|Paging device in possession of student, seizure of by school district|Property seized from student, school district's authority to use and dispose of

School bus safety standards, school district may not transport students in vehicles that do not comply with (Withdrawn by Letter 9/08/95)|School district employee required to use personal vehicle to transport students may be required to comply with special licensing restrictions (Withdrawn by Letter 9/08/95)|National Traffic and Motor Vehicle Act provisions regarding safety standards for school buses do not apply to purchasers, lessees, renters, or users of motor vehicles used to transport students (Withdrawn by Letter 9/08/95)|School bus safety standards, school district may not transport students in vehicles that do not comply with (Withdrawn by Letter 9/08/95)|School bus safety standards, school district may not transport students in motor vehicles that do not comply with (Withdrawn by Letter 9/08/95)|Personal vehicles, special licensing requirements and school bus safety standards may apply if school district requires employees to transport students in (Withdrawn by Letter 9/08/95)|School bus

School districts, passenger cars and motor buses as transportation to and from school and extracurricular activities, standards for|School bus|Passenger cars and motor buses as transportation to and from school and extracurricular activities, standards for

Driver education and traffic safety course, Texas Education Agency must supply certificates of completion to public school's|Driver education and traffic safety course of public school, Agency must supply certificates of completion to|Driving safety course with conditional approval, Agency need not finally approve|Driving safety school with conditional license need not apply for new license|Safety course that State Board of Education has conditionally approved need not be finally approved

Purchasing requirements in section 44.031 of Education Code apply to community, junior, and regional college districts (Superseded by statute as noted in Tex. Att'y Gen. Op. No. JC-0037 (1999))|School district award of construction contract under section 44.031 of Education Code, procedures applicable to (Superseded by statute as noted in Tex. Att'y Gen. Op. No. JC-0037 (1999))|Competitive bidding procedures, school district must follow when awarding construction contract under section 44.031 of Education Code (Superseded by statute as noted in Tex. Att'y Gen. Op. No. JC-0037 (1999))

Athletic trainer, coach who is not licensed as may not perform duties of athletic trainer whether or not coach is compensated to perform those duties|Athletic trainer, no one, including a coach, may perform as unless licensed

Garbage collection, school district located within municipality must comply with municipal ordinance on

Hold over provision requires officer who has resigned to continue to serve, but officer may not withdraw effective resignation due to hold over status|Vacancy in office by resignation, public officer's resignation effective upon acceptance by appropriate authority or on the eighth day after receipt by appropriate authority and may not be withdrawn thereafter|Resignation from office, effective upon acceptance by appropriate authority or on the eighth day after receipt by appropriate authority and may not be withdrawn thereafter

County juvenile board, authority to provide juvenile justice alternative education program to students who have not been adjudicated delinquent by a juvenile court|County juvenile board, school district memorandum of understanding with|Student discipline, county juvenile board's authority to provide alternative education program to students who have not been adjudicated delinquent by a juvenile court

Driver education, payment public school teacher receives supplemental to regular salary for teaching is not included in calculation of teacher's retirement benefit|Driver education teacher in public school who receives payment supplemental to regular salary, whether state may exclude from calculation of teacher's retirement benefit|Driver education, System may not include in calculation of teacher's retirement benefit payment teacher receives supplemental to regular salary for teaching|Teacher's retirement benefit, calculation of may not include supplement to teacher's regular salary for teaching driver education

Insurance coverage, school district's purchase of; length of contract; aggregation; third-party administration|School district need not competitively bid contract for purchase of insurance, but generally must use one of specified purchasing methods|School district's purchase of, process; length of contract; aggregation; third-party administration

University Interscholastic League, board of school trustees has discretionary authority to join and agree to comply with rules of|Participation in extracurricular activities, public student's interest in is not a property right|Participation in extracurricular activities, public student's interest in is not fundamental right

Child abuse or neglect, school official may not deny investigator access to student at school and may not condition access to presence of school personnel, such as a counselor|Abuse or neglect of student, school official may not deny investigator access to student at school and may not condition access to presence of school personnel, such as a counselor|Suspected abused or neglected child, school official may not deny investigator access to child at school and may not condition access to presence of school personnel, such as a counselor|Abuse or neglect, school official may not deny investigator access to student at school and may not condition access to presence of school personnel, such as a counselor

TASP testing, authority of Texas Higher Education Coordinating Board to require as condition of degree from proprietary school|TASP testing, authority of Board to require as condition of degree from proprietary school

Colonias statute imposing certain platting requirements in affected counties, application to school district's employee housing

Foundation school program funds, adjustment of property tax values used to allocate if appeal of property tax liability results in five percent reduction of total taxable value of property in school district|Property tax values used by Commissioner of Education to allocate foundation school program funds, duty to adjust if appeal of property tax liability results in five percent reduction of total taxable value of property in school district|Abolition and transfer of authority to comptroller's office|Comptroller, responsibility for adjusting property tax values used to allocate foundation school program funds if appeal of tax liability results in five percent reduction of total taxable value of property in school district

County permanent school fund proceeds, investment in mortgage-backed securities at below-market interest rate incompatible with county commissioners' trustee duties|County permanent school fund proceeds, investment in mortgage-backed securities at below market interest rate incompatible with commissioners' trustee duties

Article III, section 52 does not prohibit legislature from authorizing school districts to require outside contractors to pay their workers a minimum "poverty level wage"|Contracts, whether they may include "poverty level wage" requirement

Joint-credit courses to private school students, United States Constitution does not prohibit public junior college from offering|Private school students, public junior college may not at present offer joint-credit courses to|Joint-credit courses to private school students, Constitution does not prohibit public junior college from offering

School district, interlocal contract executed on behalf of need not be awarded on basis of competitive procurement methods|Purchasing method, for purchases valued at $25,000 or more in the aggregate for a twelve-month period, a school district must select the one that will provide best value|School district, purchasing methods for purchases valued at $25,000 or more in the aggregate for a twelve-month period|School district may select purchasing method, including design/build contract or competitive bidding, that provides best value

Reimbursement by County Department of Education to county for county auditor's services, whether required by Texas Constitution|County Department of Education, audit of funds by county auditor without reimbursement to county|County Unit System

Legal process addressing compulsory attendance provisions of the Education Code, constable may lawfully serve|Compulsory attendance provisions of Education Code, constable may lawfully serve any legal process addressing|Legal process, justice of peace has authority to direct constable to serve on individual failing to appear at truancy hearing

Public school teacher may simultaneously hold office of county commissioner without renouncing salary attached thereto|County commissioner, public school teacher may simultaneously hold office of without renouncing salary attached thereto

Voucher system, whether home-schooled children may be excluded from

Absences excused under section 25.087(b) of Education Code, students may not be penalized for

Truancy complaint indicating need for supervision, court may compel court appearance of alleged truant and custodian by endorsing summons ordering custodian to appear and to bring alleged truant|Jurisdiction, Juvenile Court may waive exclusive jurisdiction of truancy cases on case-by-case basis or as a class|Jurisdiction to hear truancy cases, justice court has jurisdiction if juvenile court has waived its exclusive jurisdiction\r\n|Truancy complaint, court may compel appearance of alleged truant and custodian at hearing by endorsing summons ordering custodian to appear and to bring alleged truant|Truancy complaint, court may compel appearance of alleged truant and custodian at hearing by endorsing summons ordering custodian to appear and to bring alleged truant\r\n|Failure to attend, court may compel appearance of juvenile and custodian at hearing by endorsing summons ordering custodian to appear to bring juvenile

Event of "Texas Safe Sports Week" sponsored by private foundation, school district may expend funds and other resources on related activities if the board of trustees (i) determines that any expenditure in connection with the program serves a necessary sc|Unconditional gifts or donations or public funds or resources to private entities prohibited

Back pay, school district may award to individual indicted, terminated, and subsequently acquitted and reinstated, but is not required to do so

Tax increment financing reinvestment zones, authority of municipality to designate a zone that is not unproductive, underdeveloped, or blighted within meaning of Texas Constitution|School finance system, effect of exclusion of value of property in reinvestment zone from funding equalization formulas on constitutionality of

Deferred compensation|Early exit|Early exit plan for school district employees is authorized by sections 11.163 and 45.105 of the Education Code|Early exit plan for school district employees, whereby certain employees receive payments from the district in return for leaving employment and other agreements, is not an unconstitutional gratuity if employees provide consideration to the district for p|Early exit plan for school district employees is not "deferred compensation plan" within the meaning of section 609 of the Government Code

Uncertified teacher, whether person employed as under continuing contract with school district may satisfy continuous employment exception to statutory nepotism prohibition (Clarifies Tex. Att'y Gen. Op. No. JM-861 (1988) and Tex. Att'y Gen. LO-92-075)|Nepotism prohibition, whether person employed as uncertified teacher under continuing contract with district may satisfy continuous employment exception to statutory (Clarifies Tex. Att'y Gen. Op. No. JM-861 (1988) and Tex. Att'y Gen. LO-92-075)|Nepotism prohibition, whether school district may "promote" to position of certified teacher the sibling of a trustee who has been employed as an uncertified teacher for the district for six months prior to trustee's election (Clarifies Tex. Att'y Gen. Op|Continuous employment

Purchase of insurance contracts using designated broker of record|Insurance, whether junior college may purchase using designated broker of record|Designated broker of record, whether junior college district may purchase insurance through

Tuition or fee, school district may not charge unless it is specifically authorized to do so by statute or constitution|Tuition, school district not authorized to charge for student attending a prekindergarten program or for kindergarten student under the age of five or over the age of twenty-one|Fee by implication, statute must be strictly construed against fixing

Donation to school district, city may spend public funds only for a public purpose and a municipal purpose and may not make|City may spend public funds only for a public purpose and municipal purpose and may not donate funds to a school district

Settlement payment|Severance payment|Severance payments under section 11.201(c) of the Education Code, whether settlement payments, insurance premiums, or other benefit payments to terminated superintendents are

Purchase of "guaranteed program management" services for school building program under Professional Services Procurement Act (Tex. Att'y Gen. Op. No. JM-940 (1988) is superseded by statute)|Guaranteed program management services for school building program, whether school district may procure under Professional Services Procurement Act (Tex. Att'y Gen. Op. No. JM-940 (1988) is superseded by statute)

Certification, continuing education, and career development courses, State Board for Educator Certification may not use its Internet website to serve as a portal for distance-learning developed and offered by other entities|Internet website, Board may not use its website to serve as a portal for distance-learning courses developed and offered by other entities|Internet website, State Board for Educator Certification may not use its website to serve as a portal for distance-learning courses developed and offered by other entities

Branch campus, independent school district may not operate outside district's geographic boundaries

Trustee of independent school district may not simultaneously serve as volunteer, part-time teacher in a regular academic classroom for a single semester|Common-law incompatibility bars trustee from simultaneously serving as volunteer, part-time teacher in regular academic classroom for single semester

Validation of unconstitutional statute may be accomplished by adoption of constitutional provision that expressly or impliedly validates it or by reenactment of statute after constitution has been amended to authorize such legislation|Captured market value|Tax increment financing under Urban Renewal Law may be implemented by municipality only with the approval of the voters|Taxable value of property in school district as determined by Comptroller's study does not include "captured market value" of property in tax increment district established under Urban Renewal Law|Taxable value of property in school district as determined by comptroller does not include "captured market value" of property in tax increment district established under Urban Renewal Law|Urban Renewal Law's tax increment financing provisions were unconstitutional when adopted in 1977 but validated by reenactment in 1987

Executive sessions of board of trustees, contractual requirement that superintendent attend is valid under Open Meetings Act|Open Meetings Act, contractual requirement that superintendent attend executive sessions of board does not violate

Open-enrollment charter school, members of board of nonprofit corporation that operates and of board that governs school are not subject to statute prohibiting nepotism|Open-enrollment charter school, directors of nonprofit corporation that operate, and of school governing board are not subject to statute prohibiting nepotism|Local governmental entity|Open-enrollment charter school, members of board of nonprofit corporation that operates are not subject to statute that regulates local public officers' conflicts of interest or statute that prohibits nepotism|Open-enrollment charter school operated by nonprofit corporation, members of board that operates open-enrollment charter school and members of school governing board are not subject to statute regulating local public officers' conflicts of interest

Class credit, requirement that student attend ninety percent of classes in order to receive class credit is applicable without regard to whether a student is exempt from compulsory attendance

County school lands, commissioners court as trustee may not delegate authority over to beneficiary school district|County school lands, constitutional authority of commissioners court as trustee of|School lands vested in county, commissioners court is trustee with non-delegable duty to sell or otherwise dispose of

Retirement|Continuous-employment|Retirement from full-time position as certified teacher with school district breaks employment relationship such that individual may not take advantage of continuous-employment exception to statutory prohibition on nepotistic hiring by school district|Nepotistic hiring, retirement from full-time position as certified teacher with school district breaks employment relationship such that individual may not take advantage of continuous-employment exception to statutory prohibition

School district not required to expel student for certain alcohol and drug-related offenses occurring within 300 feet of school property|Alcohol and drug-related offenses occurring within 300 feet of school property, school district not required to expel student for

Juvenile justice alternative education program, county has no authority to negotiate discretionary expulsions that will be subject to placement in|Juvenile justice alternative education program, county's limited funding and supervision of juvenile board may have corresponding obligations with respect to|Juvenile justice alternative education program, county's authority to fund|Juvenile justice alternative education program, county's, school district's, and juvenile board's authority vis-a-vis|Juvenile justice alternative education program, school district not required to fund construction or facility for|Juvenile justice alternative education program, school district's authority to determine discretionary expulsions that will be subject to placement in

County treasurer is not barred from simultaneous service as trustee of independent school district|Trustee of independent school district not barred by common-law incompatibility from simultaneously serving as county treasurer|Trustee of independent school district not barred from simultaneous service as county treasurer

Disciplinary policy, application by school district to special education students may implicate specific state and federal safeguards|Individuals with Disabilities Education Act, application of disciplinary policy to special education students by school district may implicate|Corporal punishment and physical restraint, school district's policy statement regarding is generally within board's authority to manage district and make rules for health and safety of students, employees and property

Political subdivision corporation established to aggregate political subdivisions' purchase of electricity, school district may not participate if contract valued at $25,000 or more in the aggregate for a twelve-month period|School district may not participate in political subdivision corporation established to aggregate political subdivisions' purchase of electricity if contract valued at $25,000 or more in the aggregate for a twelve-month period|Electricity, school district may not participate in political subdivision corporation established to aggregate political subdivisions' purchase of electricity if contract valued at $25,000 or more in the aggregate for a twelve-month period|Political subdivision corporation established to aggregate political subdivisions' purchase of electricity, school district may not participate for contract valued at $25,000 or more in the aggregate for a twelve-month period

Intent, section 37.123 of the Education Code requires proof of intent to actually engage in one of the activities prohibited thereby

County or precinct chair of a political party, school district trustee does not hold an "office of state government" and thus is not precluded from being candidate for, or serving in position of|County or precinct chair of political party, school district trustee is not precluded from being candidate for or serving as

Counseling records may be withheld from parent of minor student only under limited circumstances

School trustee barred from simultaneously serving as board member of groundwater conservation district with population of less than 50,000 where geographical boundaries overlap and where both have taxing authority|Groundwater conservation district with population of less than 50,000, school trustee barred by common-law incompatibility from serving as director of, where geographical boundaries overlap and where both have taxing authority

Car telephones, school districts' authority to adopt rules regarding students' use

Education Code subsection 11.060(d) applies to the Harris County Department of Education and requires the board to fill the vacancy not later than 180-days after it occurs if more than one year remains in the term.

Whether Education Code section 11.167 authorizes a school district to purchase property outside the district’s boundaries to build and operate a school will depend on whether a court finds implied authority within that section to do so.

A court is likely to conclude that Texas A&M University must comply with the requirements of section 2166.5011 before removing or relocating the Ross statue.

Tax Code section 6.054 prohibits an appraisal district employee from also serving as trustee on the board of an independent school district that is a participating taxing entity in the appraisal district.

The Texas Constitution, common law, and the property’s status as surplus must be considered by an independent school district in determining whether the district may enter a long-term ground lease with a private entity that intends to develop the district’s surplus property for noneducational purposes that are expected to yield financial benefits that exceed the property’s current sale-value.

Education Code subsections 11.151(c) and 11.154(a) authorize the Blinn College District to convey the Star of the Republic Museum’s real and personal property to the Texas Historical Commission so long as the transfer complies with Texas Constitution article III, subsection 52(a).

Pursuant to subsection 38.001(f) of the Education Code, the Legislature provided that a student who has not received the immunizations required by law “for reasons of conscience, including because of the person’s religious beliefs, may be excluded from school in times of emergency or epidemic declared by the commissioner of public health.” Read in context, a court likely would conclude that this exception does not permit exclusion of students who lack vaccinations unrelated to an existing "epidemic" contemplated by subsection 38.001(f).

Depending on the particular facts at issue, a court could find exclusion from school for refusal to obtain a vaccine unrelated to the existing epidemic to be arbitrary and unreasonable and overturn the exclusion for this purpose.

Further, to the extent a school was to exclude a student who had declined required immunizations unrelated to an existing epidemic due to a sincere religious belief, a court could find this to be a substantial burden on the student’s religious freedom and potentially a violation of the U.S. and Texas constitutions. Accordingly, subsection 110.003(a) of the Civil Practice and Remedies Code requires that only the least restrictive means of furthering a compelling government interest may be utilized in placing such a substantial burden.  If less restrictive means exist to accomplish that objective, a court could find that a specific student’s exclusion in such circumstances from school under Education Code subsection 38.001(f) violates the Texas Religious Freedom Restoration Act.

Application of Education Code section 12.103 to open-enrollment charter schools

Use of parent-teacher association donations to school district under Education Code section 11.156(c)

Transfer of county school land to an independent school district

Application of Education Code section 37.122 prohibition to banquet facility used for noneducational events and located in district owned stadium

Legality of a school district’s vaccine policy

Chapter 26 of the Education Code expressly provides that parents are entitled to the health information of their child, and the Family Educational Rights and Privacy Act grants parents the right to inspect and review the education records of their children, including health information.

Parents possess a fundamental right to make decisions concerning the care, custody, and control of their child, and school districts and officials must work in partnership with parents in furtherance of the child’s education.  Failing to work with parents and provide requested information about a student could subject the school district to legal challenges, civil liability, and financial loss. 

Title IX prohibits educational institutions from discriminating against students on the basis of sex.  Nothing in the text of Title IX, nor in the regulations adopted pursuant to that federal statute, discusses parental access to information or authorizes a school district to withhold medical or health information about a minor child from the child’s parent or legal guardian.

An education savings account program that provides education assistance payments to program participants that can be directed to sectarian schools is not unconstitutional under the Texas or the federal Constitutions.

Education Code subsections 29.153(d-1) and (g), concerning the solicitation of public-private partnerships in connection with the provision of free prekindergarten by school districts, are mandatory in certain instances. The stringent eligibility criteria in Education Code section 29.171 for a provider to enter into a public-private partnership agreement for prekindergarten should not be used as a condition for the provider to submit a proposal for such a partnership under subsection 29.153(g). A court could conclude under certain circumstances that Texas Education Agency guidelines should be promulgated through formal rulemaking under the Administrative Procedure Act. A court would likely conclude that neither the Governor’s COVID-19 Disaster Declaration nor any related Executive Order authorize the suspension of Education Code subsections 29.153(d-1) or (g).

Whether an elected constable may serve an independent school district as a school resource officer under particular circumstances

A school district board of trustees may designate an individual to carry a handgun for the protection of students and staff by implementing a guardian plan or utilizing a school security officer. Education Code section 37.0811 provides another option for accomplishing this purpose by generally allowing a school board to appoint one or more school marshals for each campus in the district. Subsection 37.0811(c) authorizes a school marshal to possess a handgun on the physical premises of a school, but only in the manner provided by written regulations adopted by the board of trustees. A school marshal possesses a handgun when it is openly carried on the marshal’s duty belt. Therefore, a court would likely conclude that Education Code subsection 37.0811(c) authorizes a board of trustees to adopt regulations that allow a school marshal to duty belt carry a handgun.