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Trustees

Summaries

KP-0014
Ken Paxton

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.

KP-0023
Ken Paxton

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.

KP-0069
Ken Paxton

Financial statements of school district trustees - posting on district website

KP-0096
Ken Paxton

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

KP-0099
Ken Paxton

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).

KP-0100
Ken Paxton

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.

KP-0102
Ken Paxton

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

KP-0114
Ken Paxton

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

KP-0196
Ken Paxton

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

KP-0228
Ken Paxton

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

KP-0236
Ken Paxton

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

GA-0104
Greg Abbott

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

GA-0115
Greg Abbott

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

GA-0123
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

GA-0127
Greg Abbott

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

GA-0307
Greg Abbott

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

GA-0328
Greg Abbott

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

GA-0377
Greg Abbott

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

GA-0393
Greg Abbott

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

GA-0468
Greg Abbott

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

GA-0535
Greg Abbott

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

GA-0689
Greg Abbott

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

GA-0712
Greg Abbott

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

GA-0738
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

GA-0749
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

GA-0794
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

GA-0806
Greg Abbott

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

GA-0832
Greg Abbott

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

GA-0949
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

GA-0996
Greg Abbott

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

GA-1051
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

GA-1082
Greg Abbott

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

GA-1083
Greg Abbott

Concurrent service of juvenile probation officer and school district trustee

DM-0053
Dan Morales

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

DM-0055
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

DM-0056
Dan Morales

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

DM-0132
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

DM-0240
Dan Morales

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"

DM-0251
Dan Morales

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

DM-0256
Dan Morales

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

DM-0311
Dan Morales

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

DM-0406
Dan Morales

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

DM-0446
Dan Morales

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

JC-0185
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

JC-0371
John Cornyn

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

JC-0490
John Cornyn

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

JC-0537
John Cornyn

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

JC-0557
John Cornyn

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