The Texas Association of School Boards (TASB) Legal Services has posted a memo online to assist school districts with answering legal questions related to Hurricane Harvey’s impact on Texas schools. The document provides information about Open Meetings Act procedures, competitive purchasing requirements, contracting authority, and the adoption of districts’ tax rate and budget at scheduled public hearings. Click here to access TASB’s memo.

The memo is most helpful for Districts in the direct path of Hurricane and Tropical Storm Harvey. However, Districts far outside of southeast Texas will be impacted by the storm. Much like the aftermath of Hurricane Katrina in 2005, north Texas schools can expect a potential influx of new students who may not have permanent shelter, proper identification, proof of immunizations, transportation to and from school, or even an adult to assist in the enrollment process. It is important to remember that your district will likely have obligations under the McKinney-Vento Act to assist these displaced students. Additionally, many of these students may have special needs that must be met under an IEP or 504 Plan. Your special education personnel should prepare to orient staff on serving these students from “Day 1.”

North Texas school districts may also provide emergency assistance to other districts affected by Harvey. Board Policy GRC (LEGAL) explains the procedure for a school board to authorize providing assistance, and outlines the requirements for supervising the aid provided. Board Policy GKD (LOCAL) provides that a Superintendent may permit civil defense officials to use school facilities for non-school purposes when a disaster occurs.

If you have specific legal questions about the impact of Hurricane Harvey on your school district, you may contact us at 214-544-4000.

 

This article should not be construed as legal advice related to any specific facts or circumstances. Although this article covers legal subjects, it is intended to educate readers about school law topics and not to provide advice that will be the basis for action or inaction in any specific circumstance. Viewing these materials does not create an attorney-client relationship between Abernathy, Roeder, Boyd & Hullett, P.C. and the reader or the reader’s institution. For circumstance-specific legal advice, please directly contact a licensed attorney.