Cumulative Subject Index
AG Opinions 1990-Present

Return to Master Index
SCHOOLS AND SCHOOL DISTRICTS
A school district has no right to install fiber-optic cable in a county road right-of-wayGA-0793
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 41.0052GA-0807
Absence is counted for attendance purposes whether excused or unexcusedLO90-013
Absences excused under section 25.087(b) of Education Code, students may not be penalized forJC-0099
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 counselorDM-0476
Aesthetics and maintenance of property values, home rule city may enforce against school district ordinances based uponGA-0697
Alcohol and drug-related offenses occurring within 300 feet of school property, school district not required to expel student forJC-0446
Alcohol-free zone, commissioners court may designate only a school operated by school district located within city of 900,000 or more as part ofLO96-134
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 ConductGA-0912
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 taxesGA-0373
An independent school district’s use of the word "proposal" in the title of a request to solicit bids to lease property for oil, gas, and mineral development does not, by itself, violate the terms of chapter 71 of the Natural Resources CodeGA-0810
Attorney acting as an unpaid advisor to school district board of directors and representing district for compensation in the collection of delinquent taxes, propriety ofGA-0719
Automated information systems, purchase by local governments through state catalogue purchasing procedureDM-0350
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 schoolsDM-0281
Branch campus, independent school district may not operate outside district's geographic boundariesJC-0332
Car telephones, school districts' authority to adopt rules regarding students' useJM-1225
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.GA-0900
Charitable raffle, school district not qualified to hold under Charitable Raffle Enabling Act but parent-teacher association may be qualifiedJM-1176
City may not grant public funds to school district to use in constructing buildings within city boundariesLO96-063
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 attendanceJC-0398
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))DM-0387
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 fileGA-0574
Compulsory attendance provisions of Education Code, constable may lawfully serve any legal process addressingJC-0056
Concealed handgun law and Penal Code prohibit license holder from carrying concealed handgun on premises of school or educational institution during high school or collegiate sporting eventLO96-009
Contract for educational services provided to school district by public or private entities, application of statutory requirements imposed on school districtsDM-0335
Contracts for management of school food services, public school districts participating in federal school nutrition programs must award on a competitive basisDM-0014
Contracts, federal nutrition program, food service management company, delegation of authority GA-0500
Contracts, whether they may include "poverty level wage" requirementJC-0011
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 enrolledGA-0860
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 propertyJC-0491
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 policyGA-0374
Corporal punishment, a school district may adopt a policy authorizing without the permission of those persons listed in section 151.001(e), Family CodeGA-0374
Corporate sureties, whether school district may establish their own standards for financial solvency ofDM-0165
Cosmetology specialty program, authority of public high school to permit enrollment of high school graduates or dropouts inLO95-037
Counseling records may be withheld from parent of minor student only under limited circumstancesJC-0538
County education district board member, school district trustee not prohibited from serving as where school district is component of county education districtDM-0055
County education district is a school district for purposes of "truth-in-taxation" provisionsDM-0155
County education district, whether board of trustees may adopt discounts for timely payment of taxesDM-0171
County education districts, Mason Independent School District is not authorized to request reassignment to a differentDM-0065
County juvenile board, school district memorandum of understanding withDM-0412
County road, school district is without authority to require landowner to remove gate constructed acrossLO98-120
County school administration is a "school district" subject to restrictions on lobby-related activities by school districtsDM-0278
County school lands, commissioners court as trustee may not delegate authority over to beneficiary school districtJC-0399
County school lands, county and school districts may not jointly develop or sell mineral rights and natural resources fromGA-0616
Criminal history evaluation letter, State Board for Educator Certification's authority to obtain information regarding a potential applicant seeking a GA-0759
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 censusGA-0108
Developing leased landGA-0496
Disannexation of territory from junior college district, authority of school district to dissolve its participation in junior college districtDM-0297
Dismissed complaint regarding student's failure to attend school, a new complaint may be filed GA-0574
Donation to school district, city may spend public funds only for a public purpose and a municipal purpose and may not makeJC-0212
Driver education and traffic safety course, Texas Education Agency must supply certificates of completion to public school'sDM-0386
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 othersGA-0373
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 taxesGA-0225
Economic development, appraised property value limitation for maintenance & operation taxes, persons eligible to apply forGA-0665
Energy savings performance contract, school district may enter only in accordance with Education Code section 44.901GA-0100
Extracurricular activity may not take place at athletic club which discriminates on the basis of race, color, religion, creed, national origin, or sexLO94-027
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 locatedGA-0701
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 periodGA-0607
Failure to attend, court may compel appearance of juvenile and custodian at hearing by endorsing summons ordering custodian to appear to bring juvenileJC-0110
Former teachers who accept temporary employment with third-party contractors who provide educational services to school districts do not forfeit retirement benefitsGA-0018
Funds set aside for the purchase of school textbooks may not be used to purchase computer hardwareGA-0444
Garbage collection, school district located within municipality must comply with municipal ordinance onDM-0401
Gasoline tax, gasoline purchased by school district and used by independent contractors solely for provision of transportation services to school district is exempt fromDM-0216
Handicapped accessibility, school district must comply with municipal building code requirementsDM-0069
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 GA-0657
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 courseGA-0657
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 subdivisionGA-0637
Impact fees, authority to payGA-0496
Independent contractor for school district, legislator not as matter of law prohibited from serving asLO93-031
Insurance coverage, school district's purchase of; length of contract; aggregation; third-party administrationDM-0418
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))DM-0347
Intent, section 37.123 of the Education Code requires proof of intent to actually engage in one of the activities prohibited therebyJC-0504
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 capitalGA-0871
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 makeGA-0871
Joint-credit courses to private school students, United States Constitution does not prohibit public junior college from offeringJC-0013
Juvenile justice alternative education program, school district's authority to determine discretionary expulsions that will be subject to placement inJC-0459
Lease or purchase of municipal parkland for school-district purposes, a school district's authority toGA-0558
Lease-purchase contracts under Public Property Finance Act, applicable procurement proceduresGA-0494
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 factGA-0678
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 ofDM-0069
Local government policy that prevents cooperation with the federal government regarding a person’s immigration status, likely preemptedGA-0699
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 wouGA-0321
Meaning of the term "school district" within context of Local Government Code subsection 395.022(b) concerning impact feesGA-0984
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 enactGA-0942
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 enactGA-0962
Municipality may not finance acquisition of facility for lease by school district to be used solely for school district purposesJM-1255
Nonsmoking policy, school district board may adopt and enforceDM-0056
Nutrition poster contest, no statutory or constitutional prohibition on public school holdingLO93-036
On-site healthcare clinic in addition to offering state-mandated coverage, school district may operate without violating section 22.004(i) of the Education CodeGA-0854
Open-enrollment charter school is an entity for which the state may enter into an agreement with the Social Security AdministrationGA-0629
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 creditGA-0823
Open-enrollment charter school, a municipality is not authorized to issue certificates of obligation to finance construction of school facilityGA-0069
Open-enrollment charter school, members of board of nonprofit corporation that operates and of board that governs school are not subject to statute prohibiting nepotismJC-0378
Open-enrollment charter schools are not authorized in that capacity to operate a commissioned police force GA-0532
Paging device in possession of student, seizure of by school districtDM-0352
Passenger cars and motor buses as transportation to and from school and extracurricular activities, standards forDM-0378
Pest control, school board must utilize licensed commercial or noncommercial applicators forLO92-042
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 periodJC-0492
Prekindergarten program, availability to childrenDM-0196
Private roads used for school bus routes, county is not authorized to maintainDM-0013
Private school students, public junior college may not at present offer joint-credit courses toJC-0013
Proprietary School Tuition Protection Fund, interest on accrues to State's general revenue fundDM-0143
Provisional admission is not permitted for children who have not complied with statutory immunization requirements and rules adopted by the Department of HealthGA-0178
Public funds, grant of county funds to school district or charter schoolGA-0664
Public work contract in excess of $25,000 made by insurer with prime contractor to repair school district property, school district must obtain payment bondLO95-006
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)JC-0224
Purchase of insurance contracts using designated broker of recordJC-0205
Real property not owned or leased by school district, operation of statute prohibiting agreement to improveGA-0596
Registered lobbyists, school district's employment ofDM-0325
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 schoolsGA-0657
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 honorGA-0823
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 improvementsGA-0091
Rollback tax elections and procedures, authority to set tax rates under Tax Code section 26.08GA-0775
School attendance, authority of attendance officer to report child to juvenile probation departmentJM-1159
School attendance, simultaneous prosecution of parent and child permissibleJM-1159
School bus safety standards, school district may not transport students in motor vehicles that do not comply with (Withdrawn by Letter 9/08/95)DM-0362
School district is not a business entity within Local Government Code chapter 171GA-0031
School district may not prohibit a parent from having an advocate as authorized by section 29.306 of the Education CodeGA-0813
School district property, calculating deduction for total taxable value ofGA-0549
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 complaintGA-0574
School finance system, effect of exclusion of value of property in reinvestment zone from funding equalization formulas on constitutionality ofJC-0152
School student arrested or detained, authority of law enforcement agency to communicate information about arrest or detention to school officialsDM-0294
Schoolchildren's Religious Liberties Act, continuted exisitence of federal permanent injunction issued against Houston Independent School District precludes determination of whether certain terms of injunction prevail over provisions ofGA-0609
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 GA-0655
State Board of Education, authority to pay attorney fees out of recoveries of the corpus of the Permanent School FundGA-0848
Student activities complex, sale of alcoholic beverages not prohibited at non-school event held atLO98-002
Student discipline, county juvenile board's authority to provide alternative education program to students who have not been adjudicated delinquent by a juvenile courtDM-0412
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)).GA-0417
Surveillance of student locker rooms by video, legality ofLO95-034
Tardiness to class does not constitute unexcused voluntary absence and does not invoke truancy proceedings (Overruled by Court Decision, 980 S.W.2d 788) DM-0200
Technological equipment is not property of the state, under section 31.021GA-0823
Term "classroom set" of textbooks, as defined by the SBOEGA-0823
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"GA-0456
Travel trailers, no implied authority to refund taxes collected in 2002 or 2003GA-0194
Truancy alone not sufficient basis for refusing to re-admit child to schoolLO94-058
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 CodeGA-0946
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-oneJC-0207
Under Education Code chapter 130, junior college districts are "school districts" within meaning of Texas Constitution article VII, section 3GA-0984
University open-source textbooks, a classroom set of textbooks can includeGA-0823
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 authorityGA-0705
Voucher system, whether home-schooled children may be excluded fromJC-0091
Employee Compensation, Benefits, and Reimbursement
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 toGA-1003
Employee Compensation, Benefits, and Reimbursement of Expenses
Accrued sick leave, authority of school district to payDM-0048
Accumulated vacation time, paid as salary under an employment contract, is not creditable compensation for purposes of determining Teacher Retirement System benefitsGA-0300
Advanced Placement Incentive Program, a payment to a public school teacher under section 521.126 of the Education code serves a public purpose.GA-0204
Advanced Placement Incentive Program, terms under which public school teacher may receive payment under section 521.126 of Education CodeGA-0204
Athletic trainer, coach who is not licensed as may not perform duties of athletic trainer whether or not coach is compensated to perform those dutiesDM-0388
Back pay, school district may award to individual indicted, terminated, and subsequently acquitted and reinstated, but is not required to do soJC-0115
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 boardDM-0132
Colonias statute imposing certain platting requirements in affected counties, application to school district's employee housingDM-0485
Driver education, payment public school teacher receives supplemental to regular salary for teaching is not included in calculation of teacher's retirement benefitDM-0417
Early exit plan for school district employees is authorized by sections 11.163 and 45.105 of the Education CodeJC-0165
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 pJC-0165
Legal defense in criminal proceeding, school district's authority to pay (Overruled to extent inconsistent with Tex. Att'y Gen. Op. No. DM-488 (1998))LO97-049
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 fundDM-0008
Physical assault on employee while performing duties requires payment of salary during period of recovery, up to two yearsLO94-030
Profit-sharing plan, employee may not designate agent, broker, or insurance carrier for contribution employer makes to employee'sLO92-080
Proper formula under section 21.402, Education Code, for determining the required contributions by a school district to the Teacher Retirement System for compensation that exceeds the statutory minimumGA-0641
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 questionGA-0633
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 GA-0119
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 ofGA-0119
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 yearGA-0785
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 experienceGA-0785
Severance payments under section 11.201(c) of the Education Code, whether settlement payments, insurance premiums, or other benefit payments to terminated superintendents areJC-0221
Withhold purported wrongful payments from employee's salary without agreement or judicial action, district may notGA-0115
Employees
Appointment of teachers and staff by district administrators to specific campus subject to principal's approvalDM-0027
Athletic trainer, coach who is not licensed as may not perform duties of athletic trainer whether or not coach is compensated to perform those dutiesDM-0388
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 entitiesJC-0241
Charitable campaigns, school district not prohibited from authorizing under section 22.011, Education Code Charitable 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 Charitable 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 Charitable contributions, identification of employee donors, likely not permitted under section 22.011, Education Code to extent identification could constitute direct or indirect coercionGA-0949
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 asGA-0202
County commissioner, public school teacher may simultaneously hold office of without renouncing salary attached theretoJC-0074
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 instanceGA-1024
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 complainantGA-0251
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 districtGA-0749
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 fromGA-0794
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 degreeGA-1016
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 officeGA-1016
Hiring, use of interview committee does not affect superintendent's authority to make recommendations regarding personnel selection to board of trusteesLO95-068
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 districtsGA-0738
Labor organization or association, school district administrator's coercion of teacher to joinLO95-047
Legal expenses of administrator who files action for defamation, school district may not defray legal expenses ofGA-0878
Licensed Specialist in School Psychology, authority to use "Nationally Certified School Psychologist" as a professional descriptorGA-0897
Member of city council, substitute teacher may receive compensation for serving asGA-0394
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)JC-0185
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 personnelGA-0177
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 prohibitionJC-0442
Open Meetings Act, contractual requirement that superintendent attend executive sessions of board does not violateJC-0375
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)DM-0362
Political committees, school districts are prohibited from processing payroll deductions for employees’ contributions toGA-0774
Principal is employee, not officer responsible for hiring, and therefore not subject to nepotism prohibitionsDM-0132
Processing unauthorized payroll deductions, cannot determine as matter of law section 39.02(a)(2) of the Penal Code is violated as a result ofGA-0774
School district chief of police simultaneously serving as city council member, incompatibility of officesGA-0688
School district employee who is also city council member may participate in city council actions affecting school districtGA-0031
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 enforcGA-0251
School district principal is not a public officerGA-0738
School district trustee not precluded from teaching in a different school districtDM-0055
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 52GA-0062
Service on city council, school district police chief who is not a “schoolteacher” may not be compensated forGA-0874
Speech and hearing therapy, certified teacher may not obtain certification in by completing internship and examinationLO93-024
Spouse of school district trustee, district may not hire as teacher (as opposed to substitute teacher) if not employed by district before trustee assumed officeLO98-046
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 CodeGA-0614
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 whereGA-0123
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 campusGA-0910
Superintendent, use of interview committee does not affect authority to make recommendations regarding personnel selection to board of trusteesLO95-068
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 teachersGA-0055
Teacher returning from leave of absence for temporary disability, school district must place on active duty before beginning of next school yearDM-0177
Teachers' Professional Practices Commission, effect of abolition on Code of Ethics and Standard Practices for Texas EducatorsDM-0290
Whistleblower, school district's guidelines regarding do not facially violate First Amendment but school district must take care to sanction only when employee speech has genuine effect on workplaceLO97-087
Funds
Available school fund, constitution does not permit school land board to transfer funds from permanent school fund to available school fundGA-0617
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 CodeGA-0850
College scholarships awarded by school district, funding by money raised by PTA and similar organizations that has become public school propertyJM-1265
County Department of Education, audit of funds by county auditor without reimbursement to countyJC-0055
County permanent school fund and available school fund, distribution by commissioners court among districts in a countyGA-0405
County permanent school fund proceeds, investment in mortgage-backed securities at below market interest rate incompatible with commissioners' trustee dutiesJC-0004
County permanent school fund, factors commissioners court may consider in distributing corpusLO98-006
County school funds, Chambers County may not contract with a bank to invest and manage its permanent school fundGA-0388
Depository, school district not authorized to deposit funds in the demand accounts of savings and loan associationsDM-0099
Endowment fund for educational purposes, school district may establish with donations or bequests but may not place proceeds of land sale thereinDM-0260
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 scJC-0113
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 districtJC-0002
Investment in mutual funds holding only adjustable rate mortgages that obligate United States agenciesDM-0202
Juvenile justice alternative education program, school district not required to fund construction or facility forJC-0459
Legal expenses of administrator who files action for defamation, school district may not defray legal expenses ofGA-0878
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 annuallyGA-0707
Local school fund, school district's authority to expend on defense of employee in criminal proceeding (Overruled to extent inconsistent with Tex. Att'y Gen. Op. No. DM-488 (1998))LO97-049
Local school funds, authority of school district to expend on monetary awards to students who participate in drug-testing programLO97-024
Maintenance and operations tax, application of wealth reduction provisions to property tax revenues attributable to tax rate in excess of $1.50 per $100 valuationGA-0009
Maintenance tax, board of trustees of school district may not levy at a rate greater than the rate authorized by votersLO98-050
Medical expenses and travel costs related to student's injury at school or while involved in a school activity, school district's authority to payGA-0076
Necessary unforeseen expenses, school board must stay within, amend, or supplement budget to coverLO92-042
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 purposeGA-0747
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 liableGA-0747
Permanent school fund, accounting methodology for calculating market value for distribution to available school fund GA-0516
Permanent school fund, exclusions of funds held for purchase of additional real property from market value for calculating distribution to available school fund GA-0516
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 adequDM-0256
Procurement policies, board of trustees of independent school district may not incorporate into its competitive bidding policies specific criteria that are not authorized by statuteDM-0113
Property seized from student, school district's authority to use and dispose ofDM-0352
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 valueJC-0037
Registered lobbyists, school district's use of local funds to employDM-0325
Scholarships, whether district may award out of its general fundsLO93-093
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 52GA-0062
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 CodeGA-0850
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 LawJC-0373
Private and Proprietary Schools
Cosmetology schools, authority of Cosmetology Commission to require student to provide high school diploma or GED prior to seeking instructor's license in cosmetology school or program offered byLO95-037
Cosmetology schools, calculation of refunds to students withdrawing fromLO95-037
Exemptions from immunizations required by the Department of State Health Services, private schools are not required to, but may acceptGA-0420
Nonprofit corporation exempt from Proprietary School Act is not a "school" under that statuteLO92-026
TASP testing, authority of Texas Higher Education Coordinating Board to require as condition of degree from proprietary schoolDM-0481
Trustees
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 41.0052GA-0806
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 boardDM-0132
Charitable campaigns, school district not prohibited from authorizing under section 22.011, Education Code Charitable 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 Charitable 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 Charitable contributions, identification of employee donors, likely not permitted under section 22.011, Education Code to extent identification could constitute direct or indirect coercionGA-0949
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 cityGA-0393
City council member may not serve on school district board where school district and city share overlapping geographical jurisdictionLO93-022
Common-law incompatibility bars trustee from simultaneously serving as volunteer, part-time teacher in regular academic classroom for single semesterJC-0371
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 alterGA-0689
Conflicts of interest, trustee's eligibility to accept employment with law firm representing textbook publisherLO95-023
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 servesDM-0256
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 tDM-0055
Contracts, prohibition on those in which trustee or spouse has a "significant interest"DM-0240
County clerk, school trustee not barred from simultaneously holding office ofGA-0468
County commissioner, office of school district trustee is incompatible with office ofDM-0311
County or precinct chair of political party, school district trustee is not precluded from being candidate for or serving asJC-0537
County tax assessor-collector, school trustee may not simultaneously serve asLO92-004
County treasurer is not barred from simultaneous service as trustee of independent school districtJC-0490
District attorney's investigator, trustee may serve asLO94-045
Dual office holding, whether positions of school district trustee and county attorney are incompatibleLO95-029
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 termGA-0996
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 GA-0535
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 byGA-0832
Election of trustees by majority vote from single-member districts or by numbered position, effect of 1995 legislationLO95-087
Election, number of members elected in transition from seven to nine member boardDM-0053
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 fromGA-0794
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 authorityJC-0557
Health care plan, school trustees may not participate in statutoryLO90-071
Hiring, use of interview committee does not affect superintendent's authority to make recommendations regarding personnel selection to board of trusteesLO95-068
Impermissible discrimination, school district trustees must determine whether athletic club has engaged inLO94-027
Improvement district, school trustee may not serve as director of, when geographical boundaries overlapGA-0307
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 districtsGA-0738
Legal expenses related to Voting Rights Act claim arising in context of election contest suit, whether school district may reimburse trustee forGA-0104
Length of terms of trustees, Dallas Independent School District Board not authorized to change length of members' terms of office after December 31, 2007GA-0712
Marriage to school board member, school district employee may retain position if continuously employed for six months prior to election of spouseDM-0132
Mayor of type A general-law municipality located wholly within boundaries of school district may not simultaneously serve as trustee of that districtGA-0808
Nepotism prohibition, trustees are not public officials with statutory appointment or confirmation authority for purposes of if superintendent has final authorityGA-0123
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. OpJC-0185
Nepotism prohibitions, eligibility of school district trustee's nephew to serve as high school football refereeLO95-012
Nepotism statute does not preclude school board's hiring former husband of board member's wifeLO90-068
Nepotism, whether school district may rehire relative of trustee who was employed by school district at time of trustee's election but then resignedLO96-015
Nonsmoking policy, board may adopt and enforceDM-0056
Open and closed meetings of board must be held within the boundaries of the school districtLO96-048
Personal liability of trustees for official action depends on whether action was taken in good faithGA-0115
Prior felony conviction disqualifies person from serving as member of school district board of trusteesLO96-114
Resignation from office, effective upon acceptance by appropriate authority or on the eighth day after receipt by appropriate authority and may not be withdrawn thereafterDM-0406
Restriction on school district employment of former trustee, application to trustee who resigned before effective date ofLO96-022
School board member may not vote by proxy or delegate power to vote to another person at school board meetingLO94-028
School district located within jurisdiction of district judge's court, district judge may not simultaneously serve as trustee ofLO98-094
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 prohibitionGA-0749
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 trusteeGA-0377
Sheriff may not simultaneously serve as school trustee in his countyGA-0328
Spouse of school district trustee, district may not hire as teacher (as opposed to substitute teacher) if not employed by district before trustee assumed officeLO98-046
Spouse's employment with corporation that contracts with school district, whether permissibleLO95-080
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 publicDM-0251
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 districtGA-0127
University Interscholastic League, board of school trustees has discretionary authority to join and agree to comply with rules ofDM-0446
Revised: June 08, 2012