Columbus ISD
045902

TERM CONTRACTS:
SUSPENSION/TERMINATION DURING CONTRACT


DFBA
(LEGAL)


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 21.211(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 and must provide the Commissioner with a copy of the notice.

The parties may agree in writing to extend by not more than ten days the deadline for requesting a hearing.

Education Code 21.251, 21.253 [See DFD]

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)

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Note: See DF regarding circumstances in which a certified employee's dismissal must be reported to the State Board for Educator Certification (SBEC).

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DATE ISSUED: 12/16/2003
UPDATE 72
DFBA(LEGAL)-P

This online presentation of your district's policy is an electronic representation of TASB's record of the district's currently adopted policy manual. It does not reflect updating activities in progress. The official, authoritative manual is available for inspection in the office of the Superintendent. [See BF (LOCAL) for further information.]


Columbus ISD
045902

TERM CONTRACTS:
NONRENEWAL
 


DFBB
(LEGAL)
 


 


 

   
EVALUATIONS 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]
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 21.201, 21.206

REQUEST FOR 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 HEARING 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.

Education Code 21.207

BOARD DECISION To evaluate the evidence put before it, the Board shall use the preponderance of the evidence standard of review. Whitaker v. Marshall ISD, Comm. Ed. Dec. No. 112-R1-598 (1998)

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 21.208

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


 


 

DATE ISSUED: 12/16/2003
UPDATE 72
DFBB(LEGAL)-A
 


 

This online presentation of your district's policy is an electronic representation of TASB's record of the district's currently adopted policy manual. It does not reflect updating activities in progress. The official, authoritative manual is available for inspection in the office of the Superintendent. [See BF (LOCAL) for further information.]


 

Columbus ISD
045902

TERM CONTRACTS:
NONRENEWAL
 


DFBB
(EXHIBIT)
 


 

This online presentation of your district's policy is an electronic representation of TASB's record of the district's currently adopted policy manual. It does not reflect updating activities in progress. The official, authoritative manual is available for inspection in the office of the Superintendent. [See BF (LOCAL) for further information.]