1. The board employs and evaluates the superintendent.
2. The superintendent has sole authority to make recommendations to the board regarding the selection of all employees serving under one-year term contracts. [See SUPERINTENDENT RECOMMENDATIONS, below.]
The board delegates to the superintendent final authority for the selection of all other employees.
3. Each School principal must approve each teacher or staff appointment to the principal’s program.
4. Notice will be provided of vacant positions [see POSTING OF VACANCIES, below].
TSBVI employees have the right to present grievances to the board in accordance with Policy DGBA. Policy DGBA shall not restrict the ability of an employee to communicate directly with a member of the board regarding a matter relating to the operation of the School.
Education Code 11.1513
The board shall employ by one-year term contract any employee whom the Board is permitted or required to employ by contract under Education Code 30.024.
Education Code 21.002(c)
For employees hired under one-year term contracts, the Board delegates to the Superintendent the authority to establish terms of employment not addressed in the contract document. For all other employees, the Board delegates to the Superintendent the authority to specify the terms of employment with the School.
Education Code 11.1513(c)
A superintendent to whom a board has delegated final hiring authority to select personnel is a “public official” with appointment authority for purposes of the nepotism laws. Atty. Gen. Op. GA-123 (2003) [See DBE]
The Board shall select the internal auditor and the internal auditor shall report directly to the board.
Government Code 2102.006, 2102.007
The Board may accept or reject the Superintendent’s recommendation regarding the selection of School personnel and shall include the Board’s acceptance or rejection in the minutes of the Board’s open meeting, in the certified agenda or tape recording of a closed meeting, or in the recording required under Government Code 551.125 or 551.127, as applicable. If the Board rejects the Superintendent’s recommendation, the Superintendent shall make alternative recommendations until the Board accepts a recommendation. Education Code 11.1513
Not later than the tenth school day before the date on which the School fills a vacant position for which a certificate or license is required as provided by Education Code 21.003, other than a position that affects the safety and security of students as determined by the Board, the School must provide to each current School employee:
Education Code 11.1513(d)
If, during the school year, TSBVI must fill a vacant position held by a teacher, as defined by Education Code 21.201, in less than ten school days, TSBVI must provide notice of the position in the manner described above as soon as possible after the vacancy occurs. However, TSBVI is not required to provide the notice for ten school days before filling the position or to provide a reasonable opportunity to apply for the position.
Education Code 11.153(e)
"Teacher" means a principal, supervisor, classroom teacher, counselor, or other full-time professional employee who is required to hold a certificate issued under Subchapter B, Chapter 21 of the Texas Education Code, except the term does not include a superintendent, or any employee who does not provide direct, and regular, services to students at the School.
Education Code 30.024 (a)
"Classroom teacher" means an educator who is employed by TSBVI and who, not less than an average of four hours each day, teaches in an academic instructional setting or a career and technology instructional setting. The term does not include a teacher's aide or a full-time administrator.
Education Code 5.001(2)
Each teacher shall be employed under a term contract as provided by Subchapter E, Chapter 21, or under a probationary contract as provided by Subchapter C, Chapter 21.
Education Code 30.024(b)
The School may enter into an employment contract with any employee who provides, or supervises, any employee who provides direct, or indirect, educational services to students, or who provides other
Education Code 30.024(b)
A contract between TSBVI and an educator must be for a minimum of ten months of service. An educator employed under a ten-month contract must provide a minimum of 187 days of service. The
Commissioner may reduce the number of days of service, but such a reduction by the Commissioner does not reduce an educator's salary.
Education Code 21.401
For any educational aide who shows a willingness to become a certified teacher:
The School shall ensure that an employee properly completes section 1-``Employee Information and Verification''-on Form I-9 at the time of hire.
The School must verify employment eligibility, pursuant to the Immigration Reform and Control Act, and complete Form I-9 by the following dates:
8 C.F.R. 274a.2 (b)(1)(ii), (iii), (vii), (viii)
The School shall furnish to the Directory of New Hires (Texas Attorney General's Office) a report that contains the name, address, and Social Security number of each newly hired employee. The report shall also contain the School's name, address, and employer identification number.
The School may also provide, at its option, the employee's date of hire, date of birth, expected salary or wages, and the School's payroll address for mailing of notice to withhold child support.
The School shall report new hire information on a Form W-4 or an equivalent form, by first class mail, telephonically, electronically, or by magnetic media, as determined by the School and in a format acceptable to the attorney general.
New hire reports are due:
New hire reports shall be considered timely if postmarked by the due date or, if filed electronically, upon receipt by the agency.
42 U.S.C. 653a(b), (c); Family Code 234.101-234.104; 1 TAC 55, Subch. I
It shall be unlawful for the School to deny to any individual any right, benefit, or privilege provided by law because of the individual's refusal to disclose his or her Social Security number.
The above provision does not apply to:
If the School requests disclosure of a Social Security number shall inform that individual whether the disclosure is mandatory or voluntary, by what statutory authority such number is solicited, and what uses will be made of it.
5 U.S.C. 552(a); Pub. L. 94-455, Stat. 1520 (1976)
The School may not hire a person as an employee if the person is of the age and gender that would require a person residing in the United States to register with the selective service system under federal law, unless the person presents proof of the person's:
This requirement does not apply to a person employed by the School before September 1, 1999, as long as the person's employment by the School is continuous.
Government Code 651.005
Consideration shall be given to filling vacancies by promotion of TSBVI personnel before recruiting applicants from outside the School. The advancement of deserving personnel will be given first priority, with consideration being given to job requirements, education, training, experience, and past performance.
TSBVI may discharge an employee if the School obtains information of the employee's conviction of a felony, or misdemeanor, involving moral turpitude that the employee did not disclose to the SBEC, or to the School. An employee so discharged shall be considered to have been discharged for misconduct for the purposes of Labor Code Section 207.044 (unemployment compensation).
Education Code 22.085
Adopted: 1/11/80
Amended: 3/7/80, 11/13/81, 1/14/83, 11/12/87, 1/14/88, 1/26/90, 5/28/92, 1/21/94, 3/25/94, 11/17/95, 3/31/98, 11/6/98, 12/1/00, 9/21/01, 11/22/02, 1/30/04, 1/28/05, 11/18/05, 3/28/08
Reviewed: