A Chapter F, Chapter 21 hearing is like a mini-trial, which is why it`s so important to find a lawyer. The examiner of the hearing may, among other things, issue subpoenas for the presence of witnesses and the production of documents at the hearing, take an oath and rule on applications and the admissibility of evidence. In addition, the hearing examiner may allow the parties to make statements or use other forms of advance communication prior to the hearing. At the end of the process, the hearing examiner will present factual and legal submissions, as well as a recommendation to the Board of Directors. The central question is usually whether there was a good reason to support termination. The Council may then accept or reject this recommendation. If you are facing a planned termination and have requested a hearing under Subchapter F, Chapter 21, please contact us. You must be represented by a lawyer. A curiosity for current contracts: A current contract has no end. Therefore, there is no continuous extension of the contract. A current contract only ends when the employee resigns, retires or is legally terminated. Current contracts.
A district is never required to give you an ongoing contract. There is no right to possession. However, if you have one, count your lucky stars. You don`t have to worry about non-renewal. A current contract is not valid for a specific period of years, say one or two years of schooling. “Every teacher employed under an indeterminate contract has the right to retain his or her teaching position or position within the school district for future school years without the need for an appointment or renewal of annual term until the person: (1) resigns; (2) retires . . . ; (3) is released. . . .
at the end of a school year due to the necessary staff reductions in accordance with section 21.157; (4) is dismissed for valid cause within the meaning of section 21.156 and in accordance with the procedures provided for in this chapter; (5) is dismissed for a reason specified in the teacher`s contract in force not later than 1 September 1995 and in accordance with the procedures provided for in this chapter; or (6) returned to probation as authorized under section 21.106. “Tex. Educ. Code § 21.154 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 teaching contracts: probationary period, continuation, and term. Endnote 1This document discusses common non-renewal and termination procedures. Hybridised procedures have crept into state law in recent years, particularly with regard to dismissals of “financial necessities”.
This document will not cover them. See Tex. Educ. Code Sec. 21 251 and sec. 44.011. 2 Under one policy, a school board may choose to have its non-renewals heard by a hearing examiner, and many of Texas` largest school districts do so. In such cases, the examiner hearing process comes into effect and due process applies. 3Vasquez v. Los Fresnos Consol. Indep. Sch.
Dist., File No. 062-R1-07-2013 (Comm`r Educ. 2013); upheld on appeal, Los Fresnos Consol. Indep. Sch. Dist. v Vasquez, 481 P.W.3d 742 (Tex. App. – Austin 2015, rejected animal) 3.
Know your audience. Is this a non-renewal more political than legal? Is this a dismissal that is more of a legal event than a political one? It may be easier to convince your school board to hearsay with evidence than to convince an independent hearing auditor to apply the rules of evidence used in court. Either way, be prepared to look the board or auditor in the eye and tell them why you think the employee should be fired. If you can`t, you and the district should reconsider its position. 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. Unlike trial and term contracts, current contracts may not be renewed because they do not have a specific period 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 district threatens to take action against your open-ended contract, you should seek legal advice immediately. Current contracts can be very valuable. If you have a fixed-term contract, you cannot be renewed in the best interest of the school district. The difference is that you can appeal the non-renewal.
It starts with the notification. First, the board of directors must notify you in writing no later than the 10th day before the last day of classes of the current school year. If this is not the case, they will have to employ you for the next school year in the same professional function. Once you have received a notification, you will have 15 days from the date you received the notice of non-renewal to appeal. .