A: Employees in positions that require SBEC certification are eligible for Chapter 21 contracts. These include: Q: If we promote a teacher to an administrator position (e.g. .B. assistant principal), can we put him back on a trial contract? A tenured teacher may be dismissed (or suspended without pay) by a school district for cause. A good reason is defined as „failure to meet accepted standards of conduct for the profession as generally recognized and applied in school districts located in similar areas of that state.” Tex. Educ. Code § 21.156. A permanent teacher may be dismissed at the end of a school year if the strength is reduced. However, what counts as a reduction in force is defined by the Education Code. A: Yes.
If an employee voluntarily accepts an assignment in a new professional role that requires another category of certificates, the person may be employed under a probationary contract for the new assignment. The certificate classes specified in the SBEC rules include: Often, these hearings are held before the school district board of directors. A school board hearing is a difficult place to win a non-renewal case, as school board members have already voted to approve the proposed non-renewal. If the board fully adheres to the administration, it will be very difficult for the teacher to change the minds of board members. While most school board members claim to be impartial in such proceedings, most are not. They have received calls at home through the 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. Q: If we hire a teacher in January and she did this school year on a trial contract, but she has taught in public schools for the last seven out of eight years, do we have to give a fixed-term contract for the following school year? If your termination is offered as part of a trial contract in the middle of the contract (for example. B before the end of the current school year), you will likely be entitled to a Chapter 21 hearing, which will be discussed in more detail below. If you are transferred on administrative leave with or without pay, or if the district indicates that it will terminate your employment relationship, you should contact our law firm or another lawyer experienced in school law.
A teacher who is new to a district and a teacher who was previously employed by a district and returns to the district after a two-year expiration must be employed under a probationary contract for at least one year. However, a district may employ an experienced teacher or principal on a fixed-term contract. For new teachers, the probationary period can actually last up to four years. For a teacher who has taught in five of the last eight years of schooling, the probationary period can only last one year. After the probationary period, the school district must put the employee on a termination or continuance contract or dismiss the employee. A teacher can challenge the termination of a probation contract at the end of the probationary period by filing a complaint if the county did not follow due process (as set out in state law or the county`s own policy) or if the dismissal was for an unreasonable reason. With this in mind, in some circumstances, non-renewal hearings can be fruitful for teachers, with or without impartiality on the board. They can sometimes allow a teacher to uncover illegalities committed by the district, which can be examined on appeal. Hearing can also be a cathartic process for some teachers. Whether they win, lose or draw, they get their „day in court” before the school board and can get the administration to answer difficult questions. 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. At the end of a probationary contract period, when the board`s decision is in the best interests of the district when the employment relationship is terminated Q: Who is eligible for a Texas Education Code Chapter 21 contract? Q: Do we have to provide a contract to someone who started after the start of the school year? A: There are three types of contracts under Chapter 21 – probationary period, duration and continuation – and there are two main ways to terminate a contract under Chapter 21 – non-renewal or termination. Non-renewal is a decision of the Management Board not to reinstate an employee at the end of his current contract. The Board of Directors cannot renew only fixed-term contracts, and only at the end of a contractual term and only for reasons set out in local policy. If the board does not announce the proposed non-renewal in time, the contract will be extended for the following school year. Termination may occur in the following cases: Your contract cannot be renewed to reimburse your rights under the First Amendment, para. B example, if you speak publicly or join our association, or for discriminatory reasons, by . B race, sex, religion, age, disability. If your contract is not renewed, you can make a written request to the Superintendent for these reasons, which must be made in writing. You can and should apply for unemployment benefits at the end of the school year.
And you shouldn`t resign instead of not renewing, because that doesn`t allow you to qualify for unemployment benefits. Whatever reason is given to you, if you have a contract in progress and the county threatens to fire you, you`ll need a lawyer. The district must inform you in writing of a proposed measure. If you determine or even believe that your current contract may be at risk, you will need to seek legal assistance. Probation contracts. Trial contracts are usually awarded to new teachers, i.e. teachers who are new to the profession or new to a district. If you are hired as a teacher by a district for the first time, or if you have not been employed in the district for two consecutive years of schooling, you must be employed under a probationary contract, except in rare circumstances. A trial contract can only be valid for one school year.
If you were employed as a public education teacher for less than five of the eight years prior to your employment in the district, your trial contract can be extended for two additional one-year periods, for up to three school years – or 3 trial contracts. On the other hand, if you have worked as a teacher in a public school for five of the last eight years or more, your probationary period must not exceed one year. In other words, in this case, you can only have a trial contract. A: Termination of a contract during the school year due to the employee`s failure to obtain or renew certification does not require due process under Chapter 21 and cannot be challenged before the Commissioner. However, the board of directors must take formal steps to cancel the contract. Although a Chapter 21 hearing is not required, the employee has the right to notify, the opportunity to submit their arguments to the board, and a decision by the board on any of the following actions it can take: The vast majority of Texas school districts offer fixed-term contracts. A fixed-term contract has a certain duration, usually one or two years. If a teacher is offered for dismissal during the term of the contract, the employee is entitled to the same type of procedure in subchapter F as the subsequent contract teacher. If a semester contract teacher is proposed for non-renewal at the end of the contract term, 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.
After receiving the notification, the semester contract teacher has 15 days to request a non-renewal hearing. Alternatively, you can also agree to accept a trial contract. That is, teachers with enough experience to qualify for a contract of duration or continuation may agree on another year with a trial contract, usually because the alternative is non-renewal, dismissal or termination. .