Q: If we promote a teacher to an administrator position (p.B. Assistant Principal), can we put him back on a trial contract? With respect to non-renewals, a school district cannot renew a probationary contract for virtually any reason, as long as it is in the “best interests of the school district.” That is, federal and state laws prohibit discrimination and retaliation. Check out our section on discrimination and retaliation and whistleblower protection. In addition, if a trainee teacher is not renewed, he has no right of appeal. The vast majority of Texas school districts offer fixed-term contracts. A fixed-term contract is valid for a certain period, usually one or two years. If a teacher is proposed for dismissal during the term of the contract, the employee is entitled to the same type of procedure in subchapter F as the current contract teacher. If a term teacher is proposed for non-renewal at the end of the term of the contract, he or she is entitled to written notice from the school district board of directors of the proposed non-renewal at least 10 days before the last day of class. If the board does not make this notification in time, the teacher`s contract is automatically extended for the following school year. Upon receipt of the notice of termination, the semester contract teacher has 15 days to request a hearing on the non-renewal.
There are no government regulations for teachers` behavior with students, with the exception of the Code of Ethics of Educators, which is contained in Chapter 247 of ARTICLE 19, and the General Ethical Standards for Educators, which are administered by the State Council for educator certifications (SBEC), the licensing body (certification body) for teachers and other educators. See 19 TACs Chapter 249. Teachers are subject to common criminal laws for child assault or abuse, as limited by Section 22.0512 and Texas Penal Code 9.62, which allow an educator to use the force they deem reasonably necessary to maintain discipline. Unlike trial and term contracts, current contracts cannot be renewed because they do not have a specific time frame after which the contract ends. An ongoing contract essentially runs forever. Therefore, it is not necessary to renew it every school year or at the end of the semester. Since it will continue (whether it has been renewed or not) and does not need an extension to be continued, an ongoing contract cannot be renewed. It can only be terminated for good cause. See below.
If the county threatens to take action against your current contract, you should seek legal advice immediately. Ongoing contracts can be very valuable. Districts must also provide Chapter 21 contracts for all other full-time skilled workers who must hold SBEC certification, and for employees in positions specified in local policies (usually DCB (LOCAL) for fixed-term contracts or DCC (LOCAL) for ongoing contracts), whether or not the positions require SBEC certification. Employees with a local district teaching permit and part-time employees (on average less than four hours per day) are not eligible for Chapter 21 contracts. Under Chapter F, Chapter 21, you are entitled to an independent hearing examiner, a person who is not employed by or affiliated with the district. In fact, independent hearing auditors cannot be associated with a school district, a teacher in a dispute with a school district, or an organization of school employees, school administrators or school boards. This is because this means that the hearing examiner, although a licensed lawyer, is not a school lawyer. This is to ensure that the Hearing Officer is impartial. According to a statement from Attorney General JM-481 (1986), a district cannot require a teacher to remain on campus during his duty-free lunch break. However, under sections 21.405 and 19 TAC 153.1001, a district may, under certain conditions, require a teacher not to supervise students during lunch for more than one day per school week.
Often, these hearings are held before the school district board of directors. A school board hearing is a difficult place to win a case without a non-renewal, as school board members have already voted to approve the proposed non-renewal. If the board fully accepts the administration, it will be very difficult for the teacher to change the mind of the board members. While most school board members claim to be impartial in such proceedings, most are not. They have received calls through the home teacher, they have had private conversations about the teacher with the superintendent and/or principal and are inclined to support the administration, and as mentioned earlier, they have already approved the recommended non-renewal. Teachers` employment contract policy may affect teachers` remuneration and performance, performance evaluation and retention. These are key issues for government policymakers in the face of growing teacher activism and the focus on quality of teaching. States have introduced guidelines on the maintenance of treaty provisions, the non-renewal or termination of teachers` contracts, protocols on the reduction of validity and collective bargaining rights. A: If a position does not require a Chapter 21 contract (see the first set of questions above for more details on who is eligible for a contract), the district is not required to issue a Chapter 21 contract to employees in that position. Chapter 21 contracts involve legal procedures that make termination of employment costly and time-consuming. TasB Legal Services recommends that the District review its policies so that employees in positions that do not require certification receive an alternative contract outside of Chapter 21 that does not include these legal protections.
To this end, TASB Legal Services has developed a model contract without Chapter 21, which is available in the HR Library. A: Employees in positions that require SBEC certification are eligible for Chapter 21 contracts. These include: Teachers` contracts are subject to Chapter 21 of the Texas Code of Education. The definition of “teacher” for the purposes of Chapter 21 is a principal, supervisor, class teacher, counselor or other full-time employee who must hold a certificate issued by the State Board for Educator Certification (as well as diagnosticians and nurses in education). The Texas Code of Education provides for three types of basic contracts for teachers: probationary period, update, and duration. Texas Education Code 22.003 regulates personal vacations. There are two types of personal leave: the minimum of five days per year required by the state and the local leave that a school district can also grant to its employees. While state vacations are transferable between counties and have no accumulation limit, counties can set accumulation limits for local vacations and are not required to take into account local vacations earned in another county. A school district board of directors may issue a policy regarding an employee`s use of personal leave, provided that the policy does not specify the purposes for which an employee may take the leave or the order in which an employee may take the minimum state leave compared to the additional local leave provided by the district.
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