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Legal FAQs

This section is intended to provide educational information only. The information on this page does not constitute legal advice and is not intended to supplant the advice of a District’s Attorney.

No law or other authority requires Texas school districts to be TASB members. TASB is a voluntary, statewide educational association—it is not a governmental agency. TASB exercises no authority over school districts who are not TASB members.

School districts own the contents of their locally adopted policies. While TASB has asserted that it has copyrighted the organizational structure of school district policies, those policies can be re-organized. 

TASB’s Legal Assistance Fund exists primarily to file briefs as an amicus curiae (a “friend of the court”) in existing litigation involving school districts. As an amicus curiae, TASB does not represent the district in the litigation, but advocates for what TASB perceives to be the best outcome for public schools. TASB collects annual dues from districts to maintain the Fund, which fund the legal work it undertakes as an amicus curiae. The Legal Assistance Fund is not a replacement for regular counsel retained by school districts.
TASB Legal Services provides a toll-free telephone number for school districts to call with legal questions. However, TASB Legal Services does not take the place of a school district’s counsel—either in-house counsel or retained outside counsel. Additionally, TASB Legal Services does not represent school districts in any contested matter, nor regularly provide written legal advice to school districts. Districts leaving TASB can still obtain legal advice from their in house or retained counsel. TEE will provide an alternative avenue for its school district members to obtain similar general consulting services as those provided by TASB Legal Services.

The coverage provided by the TASB Risk Management Fund is available from other providers, including other risk pools serving public entities as well as private insurance carriers. Other risk pools or insurance carriers will assist districts in the selection of counsel to represent the school district in contested matters covered by insurance.

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