Case of the Month
An authority responsible only for internal compliance with a law, not regulating under or enforcing it against a third party, is not a law enforcement authority for purposes of the Texas Whistleblower Act.
Why is this case significant?
In most circumstances, an internal report made regarding compliance with federal, state, or local law will not invoke Texas Whistleblower Act protection.
Dr. Larry Gentilello, a professor of surgery at the University of Texas Southwestern Medical Center, chair of the Burn, Trauma and Critical Care division, and Distinguished C. James Carrico, M.D. Chair in Trauma, shared his concern with his supervisor, Dr. Robert Rege, that trauma residents at a hospital served by Southwestern were treating and operating on patients without supervision as required by Medicare and Medicaid procedures. Gentilello was subsequently demoted.
Recent Regulations and Guidance
U.S. DOL amended regulations concerning the Family and Medical Leave Act.
HHSC repealed, adopted, and amended regulations concerning eligibility to be a controlling person at a licensed child care center.
HHSC amended regulations concerning the confidentiality of child care abuse or neglect investigations.
THECB amended regulations concerning new associate degree programs in career technical/workforce education.
THECB amended regulations concerning formula funding for non-course-based developmental education interventions.
THECB amended regulations concerning TEXAS Grants.
TEA adopted regulations concerning the Texas Virtual School Network.
THECB amended and repealed regulations concerning adult basic and secondary education programs.
HHSC repealed and readopted a regulation concerning the use of radiation machines in the healing arts.
The Texas Commission on Fire Protection adopted and amended regulations concerning certification and training of fire fighters.
From the Courts
U.S. Supreme Court
The U.S. Supreme Court granted certiorari in a case involving allegations of racial discrimination in violation of Title VII.
Fifth Circuit Court of Appeals
A student’s Fourteenth Amendment due process rights were not implicated by academic decisions that did not result in the denial of the student’s education.
Texas Supreme Court
A university president was not a law enforcement authority under the Texas Whistleblower Act to receive reports of a tuition waiver violation.
Texas Courts of Appeal
University did not discriminate or retaliate against a former employee in violation of the Texas Commission on Human Rights Act.
In the AG's Opinion
A community college is a “school district” for the purposes of the application of a statutory exemption from impact fees.
A private discussion between a member of a governmental body and employees of the governmental body is not a meeting for purposes of the Texas Open Meetings Act.
The attorney general issued several open records letter rulings.
In the News
The THECB Quarterly Board Meeting will be held April 25th.
THECB established the College Town Hall to solicit input from the public about higher education in the state.
THECB launched a Twitter feed on its homepage to provide updates on agency activity and higher education news.
THECB issued a report on the Hospital-Based Nursing Education Program.
THECB released the ApplyTexas High School Counselor Reporting Suite, a product intended to increase financial aid applications.
The Congressional Budget Office reported that Pell Grants will be fully funded in 2014.