Policy DFBA (LEGAL)
Suspension/Termination During Contract
Suspension Without Pay
The Board may, for good cause as determined by the Board, suspend an employee without pay:
1. Pending discharge, or
2. In lieu of termination.
The suspension may not extend beyond the end of the school year. Education Code 21.211(b)
Back Pay
If no discharge occurs subsequent to a suspension without pay pending discharge, the term contract employee is entitled to back pay for the period of suspension. Education Code 21l.211(c)
Grounds For Dismissal
The Board may terminate a term contract and discharge a term contract employee at any time for: 1. Good cause as determined by the Board; or
2. A financial exigency that requires a reduction in personnel.
Education Code 21.211(a)
NOTICE Before any term contract employee is dismissed for good cause, the employee shall be given reasonable notice in writing of the charges against him or her and an explanation of the District’s evidence, set out in sufficient detail to fairly enable the employee to show any error that may exist. Cleveland Bd. of Educ. v. Loudermill, 105 S.Ct. 1487 (1985)
Hearing
If a term contract employee desires a hearing before an independent hearing examiner, the employee must file a written request with the commissioner not later than the 15th day after the date the employee receives notice of the proposed termination or suspension without pay. The term contract employee must provide the District with a copy of the request. Education Code 21.253 [See DFD(LEGAL)]
Suspension With Pay
The employee may be suspended with pay pending the outcome of the dismissal hearing. Moore v. Knowles, 466 F.2d 531 (1972)
Notice To The Commisioner
See policy DF(LEGAL) regarding circumstances in which a certified employee’s dismissal must be reported to the commissioner of education.
DFBA(LOCAL)
Suspension/Termination During Contract
Suspension With Pay
A term contract employee may be suspended with pay or placed on administrative leave by the Superintendent during an investigation of alleged misconduct by the employee or at any time the Superintendent determines that the District’s best interest will be served by the suspension or administrative leave.
DFBB(LEGAL)
Nonrenewal
Evaluations
The Board must require written evaluations of a term contract employee at annual or more frequent intervals. Before making a decision not to renew a term contract, the Board shall consider the most recent evaluations if the evaluations are relevant to the reason for the Board’s action. Education Code 21.203(a) [See DNA (LEGAL) and (LOCAL)]
Reasons
The Board shall establish by policy reasons for nonrenewal at the end of a school year. Education Code 21.203(b)
NOTICE Not later than the 45th day before the last day of instruction in a school year, the Board shall notify in writing each term contract employee whose contract is about to expire of its proposal to renew or not renew the contract.
The Board’s failure to give notice of a proposed renewal or nonrenewal constitutes an election to employ the term contract employee in the same professional capacity for the following school year. Education Code 21.206
Hearing
If the employee desires a hearing after receiving notice of the proposed nonrenewal, the employee shall notify the Board in writing not later than the 15th day after receiving the notice of proposed action. The Board shall provide for a hearing to be held within 15 days after receiving written notice from the employee requesting a hearing unless the parties agree in writing to a different date. Such hearing shall be closed unless an open hearing is requested by the employee and shall be conducted in accordance with rules promulgated by the District.
Board Decision
If the employee requests a hearing, the Board shall hold a hearing at which the employee may:
1. Be represented by a representative of the employee’s choice;
2. Hear the evidence supporting the reason for nonrenewal;
3. Cross-examine adverse witnesses; and
4. Present evidence.
Following the hearing, the Board shall take the appropriate action and notify the employee in writing of that action within 15 days following the conclusion of the hearing.
No Hearing
If the employee fails to request a hearing, the Board shall take the appropriate action and notify the employee in writing of that action not later than the 30th day after the date the notice of proposed nonrenewal was sent. Education Code 21.207, 21.208
Appeals
An employee aggrieved by a decision of the Board to nonrenew a term contract may appeal to the commissioner for a review of the Board’s decision.
Education Code 21.209
DFBB(LOCAL)
Nonrenewal
Reasons
The recommendation to the Board and its decision not to renew a contract under this policy shall not be based on an employee’s exercise of Constitutional rights or based unlawfully on an employee’s race, color, religion, sex, national origin, disability, or age. Reasons for proposed nonrenewal of an employee’s term contract shall be:
1. Deficiencies pointed out in observation reports, appraisals or evaluations, supplemental memoranda, or other communications.
2. Failure to fulfill duties or responsibilities.
3. Incompetency or inefficiency in the performance of required or assigned duties.
4. Inability to maintain discipline in the classroom or at assigned school-related functions.
5. Insubordination or failure to comply with official directives.
6. Failure to comply with Board policies or administrative regulations.
7. Conducting personal business during school hours when it results in neglect of duties.
8. Reduction in force because of financial exigency program change. [See DFF(LOCAL)]
9. Drunkenness or excessive use of alcoholic beverages; illegal use of drugs, hallucinogens, or other substances regulated by the Texas Controlled Substances Act.
10. The possession, use, or being under the influence of alcohol, alcoholic beverages, or drugs and narcotics as defined by the Texas Controlled Substances Act, while on school property, working in the scope of the employee’s duties, or attending any school- or District-sponsored activity.
11. Conviction of a felony or any crime involving moral turpitude.
12. Failure to meet the District’s standards of professional conduct.
13. Failure to comply with reasonable District requirements regarding advanced coursework or professional improvement and growth.
14. Disability, not otherwise protected by law, that impairs performance of required duties.
15. Immorality, which is conduct the Board determines is not in conformity with the accepted moral standards of the community encompassed by the District. Immorality is not confined to sexual matters, but includes conduct inconsistent with rectitude, or indicative of corruption, indecency, or depravity.
16. Any activity, school-connected or otherwise, that, because of publicity given it, or knowledge of it among students, faculty, and community, impairs or diminishes the employee’s effectiveness in the District.
17. Reasons specified in individual employment contracts reflecting special conditions of employment.
18. Failure to maintain an effective working relationship, or maintain good rapport, with parents, the community, or colleagues.
19. A significant lack of student progress.
20. Assault on an employee or student.
21. Falsification of records or other documents related to the District’s activities.
22. Misrepresentation of facts to a supervisor or other District official in the conduct of District business.
23. Failure to fulfill requirements for certification, including passing the TECAT or ExCet.
(or TExES).
24. Failure to fulfill the requirements of a deficiency plan under an Emergency Permit, a Special Assignment Permit, or a Temporary Classroom Assignment Permit.
25. Any attempt to encourage or coerce a child to withhold information from the child’s parent.
26. Reasons constituting good cause for dismissing the employee during the contract term.
Recommendations From Administration
Administrative recommendations for renewal or proposed nonrenewal of professional employee contracts shall be submitted to the Superintendent. The Superintendent shall require that each administrator’s recommendation be accompanied by copies of all pertinent information necessary to a decision to recommend proposed nonrenewal. The final decision on the administrative recommendation to the Board on each employee’s contract rests with the Superintendent
Superintendent's Recommendation
The Superintendent shall prepare lists of employees whose contracts are recommended for renewal or proposed nonrenewal by the Board. Copies of written evaluations, other supporting documentation, if any, and reasons for the recommendation shall be available for each employee recommended for proposed nonrenewal. The Board shall consider such information, as appropriate, in support of recommendations for proposed nonrenewal and shall then act on all recommendations.
Notice Of Proposed Renewal Or Nonrenewal
The Superintendent shall deliver to the employee by hand or certified mail, return receipt requested, written notice of proposed renewal or nonrenewal not later than the 45th day before the last day of instruction required in the contract. If the notice of proposed nonrenewal does not contain a statement of the reason or all of the reasons for the proposed action, and the employee requests a hearing, the District shall give the employee notice of all reasons for the proposed nonrenewal a reasonable time before the hearing. The initial notice or any subsequent notice shall contain the hearing procedures.
Request For Hearing
If the employee desires a hearing after receiving the notice of proposed nonrenewal, the employee shall notify the Board in writing not later than the 15th day after the date the employee received the notice of proposed nonrenewal. When a timely request for a hearing on a proposed nonrenewal is received by the Board President, the hearing shall be held not later than the 15th day after receipt of the request, unless the parties mutually agree to a delay. The employee shall be given notice of the hearing date as soon as it is set.
Hearing Procedure
The hearing shall be conducted in closed meeting unless the employee requests that it be open, with only the members of the Board, the employee, the Superintendent, their representatives, and such witnesses as may be called in attendance. Witnesses may be excluded from the hearing until it is their turn to present evidence. The employee and the administration may each be represented by a representative of each party’s choice. Notice, at least five days in advance of the hearing, shall be given by each party intending to be represented, including the name of the representative. Failure to give such notice may result in postponement of the hearing.
The conduct of the hearing shall be under the Board President’s control and in general shall follow the steps listed below:
1. The hearing shall begin with the administration’s presentation, supported by such proof as it desires to offer.
2. The employee may cross-examine any witnesses for the administration.
3. The employee may then present such testimonial or documentary proof, as desired, to offer in rebuttal or general support of the contention that the contract be renewed.
4. The administration may cross-examine any witnesses for the employee and offer rebuttal to the testimony of the employee’s witnesses.
5. Closing arguments may be made by each party.
A record of the hearing shall be made so that a certified transcript can be prepared, if required.
Board Decision
The Board may consider only such evidence as is presented at the hearing. After all the evidence has been presented, if the Board determines that the reasons given in support of the recommendation to not renew the employee’s contract are lawful, supported by the evidence, and not arbitrary or capricious, it shall so notify the employee by a written notice not later than the 15th day after the date on which the hearing is concluded. This notice shall also include the Board’s decision on renewal, which decision shall be final.
DFBB(EXHIBIT)
Nonrenewal
The notices on the following pages are provided to meet requirements established by law or policy:
Exhibit A:
NOTICE OF PROPOSED CONTRACT NONRENEWAL should be used for an employee whose contract has been recommended for nonrenewal. Exhibit B: NOTICE OF CONTRACT NONRENEWAL should be used for an employee whose contract has not been renewed.
College Station ISD
021901
SUPERINTENDENT: DFBB (EXHIBIT A)
NONRENEWAL
NOTICE OF PROPOSED CONTRACT NONRENEWAL
Date: ___________________
Name: _______________________________________________________________________________________
Address: ______________________________________________________________________________________
City/State/Zip: ____________________________________________________________
Dear ______________________________ :
YOU ARE HEREBY NOTIFIED that a majority of the Board of Trustees of ISD has determined at a lawfully called meeting of the Board of Trustees on (date), that your employment contract as employee in the District should not be renewed for the succeeding school year, and the Board voted to propose nonrenewal.
This notice is given pursuant to the provisions of Section 21.212 of the Texas Education Code.
The recommendation not to renew your contract is being made for the following reasons:
[List all reasons in detail]
If you desire a hearing, not later than the 15th day after receiving this written notice, you must notify the Board of Trustees in writing of that request. The Board shall provide a hearing to be held not later than the 15th day after receiving your notice requesting a hearing. Such hearing shall be closed unless you request an open hearing. If you fail to make a timely request for a hearing, the Board may proceed and make a determination on its proposed action not later than the 30th day after the date the Board sends you notice of the proposed nonrenewal.
If you have any questions concerning any of the reasons supporting the proposed action to nonrenew your contract, please advise me in writing.
Attached to this notice is a copy of the District’s policy on nonrenewal of the employee’s term contract, containing the rules for the hearing.
This notice dated at (City/State/Zip):
Date: ______________________________ BY: __________________________________________
President, Board of Trustees
____________________________________ISD
DFBB(EXHIBIT B)
NOTICE OF CONTRACT NONRENEWAL
The Board of Education hereby gives you notice of its decision not to renew your term contract with the District. Your employment with the District will terminate effective at the end of the employment term stated in your present contract.
DFBC(LEGAL)
Reduction in Force
Applicability
This policy shall apply only to reductions in force of contractual employees when the reduction in force requires the termination of:
1. A contract governed by Chapter 21 of the Education Code in the following circumstances:
a. A probationary contract during the contract period,
b. A term contract during the contract period, or
c. A term contract at the end of the contract period
2. A contract not governed by Chapter 21 of the Education Code during the contract period.
3. Note: This policy shall not apply to termination at any time of at-will employment (see DCD); termination of a continuing contract (see DFCA); termination of a probationary contract at the end of the contract period (see DFAA); or termination at the end of the contract period of a contract not governed by Chapter 21 of the Education Code (see DCE).
Definitions
Definitions used in this policy are as follows:
1. "Financial exigency" shall mean any event or occurrence that creates a need for the district to reduce financial expenditures for personnel including, but not limited to, a decline in the District's financial resources, a decline in enrollment, a cut in funding, a decline in tax revenues, or an unanticipated expense or capital need.
2. "Program change" shall mean any elimination, curtailment, or reorganization of a curriculum offering, program, or school operation. The term shall include, but not be limited to, a change in curriculum objectives, a modification or reorganization of staffing patterns on a particular campus or districtwide, a redirection of financial resources to meet the educational needs of the students, a lack of student response to particular course offerings, legislative revisions to programs, or a reorganization or consolidation of two or more individual schools or school districts.
3. "Discharge" shall mean termination of a contract during the contract period.
4. "Nonrenewal" shall mean the termination of a term contract at the end of the contract period
General Grounds For Dismissal
A reduction in force may take place when the Board determines that financial exigency or a program change requires the discharge or nonrenewal of one or more employees. Such a determination constitutes sufficient cause for discharge or nonrenewal. BOARD DETERMINATION Reduction in force shall be made on a District wide basis rather than by campus. When a reduction in force is to be implemented, the Board shall first determine which employment areas shall be affected. The Superintendent shall confine his or her recommendations for personnel reductions to staff members and administrators assigned to the affected programs or employment areas.
Scope Of Reduction
When a reduction in force is to be implemented, the Superintendent may assist the Board by making recommendations to the Board regarding the employment areas to be affected. In determining affected employment areas, the Board may combine or coordinate employment areas, as defined below (e.g., the Board may combine "elementary programs" and "compensatory education programs" to identify an employment area of "elementary compensatory education program").
Employment Areas
Employment areas include, but are not limited to:
1. Elementary grades, levels, subjects, departments, or programs.
2. Secondary grades, levels, subjects, departments, or programs.
3. Special programs, such as gifted and talented, bilingual/ESL programs, special education, compensatory education, and migrant education. Each special program is a separate employment area.
4. Counseling programs.
5. Library programs.
6. Nursing and other health services programs.
7. An educational support program, that does not provide direct instruction to students.
8. Other Districtwide programs.
9. An individual campus.
10. Any administrative position(s), unit, or department.
11. Other contractual position(s)
Criteria For Decision
Using the following criteria, the Superintendent shall recommend to the Board employees within the affected employment area(s) for discharge or nonrenewal because of a reduction in force. These criteria are listed in order of importance; the Superintendent shall apply them sequentially to the extent necessary to identify the employees who least satisfy the criteria and therefore are subject to the reduction in force, i.e., if all necessary reductions can be accomplished by applying the certification criterion, it is not necessary to apply the performance criterion, etc.
1. Certification: Appropriate certification and/or endorsement for current or projected assignment.
2. Performance: Effectiveness as reflected by appraisal records and other written evaluative information.
If the Superintendent in his or her discretion decides that the documented performance differences between two or more reduction in force prospects are too insubstantial to rely upon, he or she may proceed to apply criteria 3 and 4.
3. Seniority: Years of service in the District.
4. Professional Background: Professional education and work experience related to the current or projected assignment.
Consideration For Available Positions
Once the Superintendent has identified the appropriate employees in the affected area(s), those employees shall be considered for other available positions for which they are qualified up to the date of a hearing requested in accordance with the provisions below.
Notice And Hearing
After considering the Superintendent's recommendation, and if no vacancies exist for which the identified employees are qualified, the Board shall determine the employees to be proposed for discharge or nonrenewal, as appropriate. The Superintendent shall provide each employee written notice of the proposed action, including a statement of the reason(s) requiring such action and notice that the employee is entitled to a hearing.
Nonrenewal
An employee receiving a notice of proposed nonrenewal may request a hearing in accordance with DFBB(LEGAL) and (LOCAL).
Discharge
An employee receiving notice of proposed discharge during the period of a contract governed by Chapter 21 of the Education Code may request a hearing before an independent hearing examiner in accordance with DFD(LEGAL).
An employee receiving notice of proposed discharge during the period of an employment contract not governed by Chapter 21 of the Education Code may request a hearing before the Board or its designee in accordance with SCE(LEGAL).
DFD(LEGAL)
Hearings Before Hearing Examiner
Applicability
This hearing process applies only if an employee requests a hearing after receiving notice of a proposed decision to:
1. Terminate a continuing contract at any time;
2. Terminate a probationary or term contract before the end of the contract period; or
3. Suspend without pay.
It does not apply to a decision to:
1. Terminate a probationary contract at the end of the contract term; or
2. Not renew a term contract.
Education code 21.251
Request For Hearing
later than the 15th day after the date the employee receives notice of one of the proposed contract actions listed above, the employee must file a written request with the commissioner for a hearing before a hearing examiner. Education Code 21.253
Assignment Of Hearing Examiner By Agreement
The parties may agree to select a person who is not certified to serve as a hearing examiner. If the parties agree on a hearing examiner before the request for a hearing is filed, then the request shall include the name of the hearing examiner selected. If the parties agree on a hearing examiner after the request for a hearing is filed, the employee shall notify the commissioner in writing of the name of the hearing examiner.
By Appointment
If the parties do not select a hearing examiner by agreement, the commissioner shall assign the hearing examiner not later than the 10th workday after the date on which the commissioner receives the request for a hearing. When a hearing examiner has been assigned, the commissioner shall notify the parties immediately.
Rejection
Either party is entitled to reject an assigned hearing examiner for cause. A rejection must be in writing and filed with the commissioner not later than the third day after the date of notification of the hearing examiner’s assignment. If the commissioner determines that good cause exists for the rejection, the commissioner shall assign another hearing examiner.
Finality of Decision
After the employee receives notice of the proposed contract action, the parties may agree in writing that the hearing examiner’s decision be final and nonappealable on all or some issues. Education code 21.254
Powers of Hearing Examiner
The hearing examiner may issue subpoenas, administer oaths, rule on motions and the admissibility of evidence, maintain decorum, schedule and recess the proceedings, allow the parties to take depositions or use other means of discovery, and make any other orders as provided by commissioner rule.
Conduct Of Hearing
The hearing and any depositions must be held within the geographical boundaries of the District or at the regional education service center that serves the District. Education Code 21.255
Private
A hearing before a hearing examiner shall be private unless the employee makes a written request for a public hearing.
Exception
If necessary to maintain decorum, the hearing examiner may close a hearing that an employee has requested to public.
Protection Of Witnesses
To protect the privacy of a witness who is a child, the hearing examiner may close the hearing to receive the testimony or order that the testimony be presented by procedures in Article 38.071, Code of Criminal Procedure.
Employee Rights
At the hearing, the employee has the right to:
1. Be represented by a representative of the employee’s choice;
2. Hear the evidence on which the charges are based;
3. Cross-examine each adverse witness; and
4. Present evidence.
The hearing is not subject to the Administrative Procedure Act.
The hearing shall be conducted in the same manner as a trial without a jury in state district court. A certified shorthand reporter shall record the hearing.
Evidence
The Texas Rules of Civil Evidence shall apply at the hearing. An evaluation or appraisal of the teacher is presumed to be admissible at the hearing. The hearing examiner’s findings of fact and conclusions of law shall be presumed to be based only on admissible evidence.
Burden Of Proof
The District has the burden of proof by a preponderance of the evidence at the hearing. Education Code 21.256
Costs
The District shall bear the cost of the services of the hearing examiner and certified shorthand reporter and the production of any original hearing transcript. Each party shall bear its costs of discovery, if any, and its attorney’s fees. Education code 21.255(e)
Recommendation
Not later than the 45th day after the date on which the commissioner receives a request for a hearing before a hearing examiner, the hearing examiner shall complete the hearing and make a written recommendation. The recommendation must include findings of fact and conclusions of law. The recommendation may include a proposal for granting relief, including reinstatement, back pay, or employment benefits. The proposal for relief may not include attorney’s fees or other costs associated with the hearing or appeals from the hearing. The hearing examiner shall send a copy of the recommendation to each party, the Board President, and the commissioner.
Waiver Of Deadline
The parties may agree in writing to waive the right to a recommendation by the date specified above. Education Code 21.257
Consideration
The Board or a designated subcommittee shall consider the hearing examiner’s record and recommendation at the first Board meeting for which notice can be posted in compliance with the open meetings laws. The meeting must be held not later than the 20th day after the date that the Board President receives the hearing examiner’s recommendation and record.
Oral Argument and Recording
At the meeting, the Board or subcommittee shall allow each party to present an oral argument to the Board or subcommittee. The Board may, by written policy, limit the amount of time for oral argument, provided equal time is allotted each party. A certified shorthand reporter shall record any such oral argument.
Legal Advice
The Board or subcommittee may obtain advice from an attorney who has not been involved in the proceedings.
Education Code 21.258, 21.260
Decision
Not later than the 10th day after the date on which the meeting to consider the hearing examiner’s recommendation is held, the Board or subcommittee shall announce its decision, which must include findings of fact and conclusions of law, and may include a grant of relief.
The Board or subcommittee may adopt, reject, or change the hearing examiner’s conclusions of law or proposal for granting relief. The Board may reject or change a finding of fact made by the hearing examiner:
1. Only after reviewing the record of the proceedings; and
2. Only if the finding of fact is not supported by substantial evidence.
The Board or subcommittee shall state in writing the reason for and legal basis for a change or rejection.
Recording
A certified shorthand reporter shall record the announcement of the decision. The District shall bear the cost of the reporter’s services. Education Code 21.259, 21.260
