TASB College eLaw

TASB College eLaw is a collection of free higher education law resources for community college officials and the college community.

Coronavirus
Discrimination and Harassment
Governance
Elections and Tax
Business
Safety and Emergency Management
Personnel
Instruction
 

Coronavirus

Families First Coronavirus Response Act Employee Leave Provisions (pdf) summarizes the Families First Coronavirus Response Act Emergency Paid Sick Leave and the Emergency Family Leave Expansion provisions and associated guidance.

Responding to the Risk of Infectious Disease in the College Community (pdf) answers frequently asked questions that arise as community colleges are planning for, or engaging in, infectious disease response.

Postponing the May 2, 2020 Election (pdf) provides additional information for community colleges considering postponement of the May 2, 2020 election to November 3, 2020, pursuant to the Governor's March 18, 2020 proclamation authorizing postponement.

Personnel Issues During Disasters, Emergencies, and College Closings (pdf) is a Q&A answering frequently asked questions about compensating employees during college closings. The appendix to the Q&A includes four resolutions (docx) also available in an editable word format.

Texas Governor Suspends Certain Provisions of Open Meetings Act Due to Coronavirus (COVID-19) (pdf) provides a quick summary of the Texas Open Meetings Act (OMA) provisions temporarily suspended by the governor in response to the Coronavirus (COVID-19) disaster.

Sample Notice/Agenda: Board Meeting by Videoconference or Telephone Call During Disaster Due to COVID-19 (docx) is a sample posting that allows boards to conduct virtual board meetings in compliance with the governor's orders during the Coronavirus (COVID-19) disaster.

Discrimination and Harassment

Title IX Regulations and State Law Side-by-Side (pdf) presents the Title IX regulations issued in May 2020 and the state law sexual harassment policy provisions to enable a comparison between the legal requirements.

Governance

Notice of Candidate Filing Period for November 3, 2020 Election (pdf) advises community colleges of the requirement to notify the public of the filing period for running for college trustee on November 3, 2020. The deadline to post this notice is June 18, 2020.

Trustees and Technology (pdf) explores various legal issues implicated by a trustee's use of technology, such as open meetings, records retention, public information disclosure, information security, social networking, and cyberharassment.

Regular Meeting Notice/Agenda Sample (docx) is a sample posting that gives boards maximum flexibility within the bounds of the Texas Open Meetings Act (OMA) notice requirements.

Emergency Meeting Notice/Agenda Sample (docx) provides a sample emergency posting that complies with OMA notice requirements.

Certified Agenda Sample (docx) gives Texas community college boards a template for compliance with the OMA requirement that boards document closed meetings.

Regular Meeting Minutes Sample (docx) provides sample meeting minutes that comply with OMA notice requirements and Robert’s Rules of Order.

Voting (pdf) answers frequently asked questions about voting at a community college board meeting.

HB 2840 - Public Comment and Testimony at Board Meetings (pdf) answers frequently asked questions about House Bill 2840, effective September 1, 2019, that affects how college boards must address public comments from citizens during board meetings.

Public Comment (pdf) answers frequently asked questions about when and how community college boards can hear public comments from citizens during board meetings.

Closed Meeting Topics (pdf) answers frequently asked questions about the closed meeting exceptions to the OMA.

Closed Meeting Records (pdf) answers frequently asked questions about who can access closed meeting records.

Attendance at Closed Meetings (pdf) answers frequently asked questions about who can attend closed sessions during a board meeting.

Remote Participation in Board Meetings (jpdf) provides information about conducting board meetings via teleconference or videoconference.

Community College Board Member Resignations (pdf) answers frequently asked questions about replacing a resigning board member.

Open Government Training Requirements (pdf) answers frequently asked questions about the legally required OMA and Texas Public Information Act (PIA) training for community college officials.

Community College Records Management and the Public Information Act (pdf) answers frequently asked questions about the Texas Public Information Act including what constitutes public information, how to respond to requests, information exempt from disclosure, and related penalties.

Board Member Access to Community College Records (pdf) answers frequently asked questions about a board member’s right to access records.

Required Conflict of Interest Disclosure Chart (pdf) outlines the financial interests a community college office must disclose how to comply with statutory requirement.

Board Members as Employees and Volunteers at the Community College (pdf) answers frequently asked questions about why trustees cannot simultaneously serve as college employees or volunteers at the same college.

Gifts to Community College Trustees (pdf) answers frequently asked questions about legal restrictions on gifts and benefits offered to board members and college employees.

Working with Your College Attorney (pdf) addresses all aspects of the relationship between community college officials and a college’s attorney, including in-house counsel.

Social Media Guidelines for Community College Board Members (pdf) offers practical tips for avoiding legal and ethical problems in the use of online communications about community college matters.

Elections and Tax

Deadlines for May 2, 2020 Community College Trustee Elections (pdf) provides important dates and deadlines applicable to community colleges preparing for the May 2, 2020 trustee election.

After the Board Election (pdf) answers frequently asked questions about what to do immediately following the board election, including canvassing votes and reorganization.

Frequently Asked Questions about Legislative Advocacy (pdf) addresses advocacy by a community college, its trustees, and its employees during the legislative session.

Business

Community College Website Accessibility (pdf) answers frequently asked questions and addresses current issues related to website accessibility, including rulemaking under the Americans with Disabilities Act (ADA) and recent litigation and complaints with the Office of Civil Rights (OCR).

Prohibiting Contracts with Companies Boycotting Israel (pdf) answers frequently asked questions about the legal requirement for community college contracts with companies to contain a verification that the company does not boycott Israel.

Community College Board Members Guide to Purchasing (pdf) explains the board’s role in procurement and the laws that guide the board in its decision-making.

Community College Websites: Required and Optional Internet Postings (pdf) is a comprehensive list of the information that community colleges must or may post on their websites under Texas and Federal Law.

Safety and Emergency Management

Campus Safety and Emergency Management (pdf) answers frequently asked questions about the laws surrounding safety planning and emergency response.

Firearms on Community College Campuses (pdf) answers frequently asked questions about the firearm laws, including those specifically addressing campus carry.

Conducting Searches of Community College Employees and Students (pdf) answers frequently asked questions about a community college’s authority to conducts searches of employees and students.

What do Colleges Need to Know About Epinephrine Auto-Injectors? (pdf) discusses the use of epinephrine to treat anaphylaxis on a community college campuses, including the legal requirements for a college with a policy that authorizes the administration of unassigned epinephrine auto-injectors.

Personnel

Affordable Care Act (pdf) answers frequently asked questions about the Affordable Care Act (ACA) provisions relevant to employers, including the employer shared responsibility requirements and associated full-time employee determinations.

Publication of Equal Employment Opportunity Statements (pdf) answers frequently asked questions about the publication of EEO statements.

Leaves and Absences Policy Considerations (pdf) addresses legal and practical issues to consider in developing a leaves and absences policy.

Instruction

Evolution of Dual Credit (pdf) is an article that answers frequently asked questions that arise surrounding dual credit instruction and partnerships.