Employees
Summaries
Ken Paxton
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.
Ken Paxton
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
Greg Abbott
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
Greg Abbott
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
Greg Abbott
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
Greg Abbott
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
Greg Abbott
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
Greg Abbott
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
Greg Abbott
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
Greg Abbott
Substitute teacher may receive compensation for serving as member of city council|Member of city council, substitute teacher may receive compensation for serving as
Greg Abbott
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
Greg Abbott
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
Greg Abbott
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
Greg Abbott
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
Greg Abbott
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
Greg Abbott
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
Greg Abbott
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
Greg Abbott
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
Greg Abbott
Licensed Specialist in School Psychology, authority to use \\"Nationally Certified School Psychologist\\" as a professional descriptor
Greg Abbott
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
Greg Abbott
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
Greg Abbott
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
Greg Abbott
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
Greg Abbott
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
Greg Abbott
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
Dan Morales
Appointment of teachers and staff by district administrators to specific campus subject to principal's approval
Dan Morales
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
Dan Morales
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
Dan Morales
Teacher returning from leave of absence for temporary disability, school district must place on active duty before beginning of next school year|School term
Dan Morales
Teachers' Professional Practices Commission, effect of abolition on Code of Ethics and Standard Practices for Texas Educators
Dan Morales
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
Dan Morales
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
John Cornyn
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
John Cornyn
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
John Cornyn
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
John Cornyn
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
John Cornyn
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
Ken Paxton
Legality of a school district’s vaccine policy
Ken Paxton
Whether an elected constable may serve an independent school district as a school resource officer under particular circumstances