DF - TERMINATION OF CONTRACT

COERCION OF CHILD

An attempt by any TSBVI employee to encourage, or coerce, a child to withhold information from the child's parent is grounds for discharge, or suspension, in accordance with applicable policies. Education Code 26.008(b) (See DFAA, DFBA, DFAC)

REPORT TO SBEC

In addition to the reporting requirement under Family Code 261.101 [see FFG], the superintendent shall notify the State Board for Educator Certification (SBEC) if the superintendent has reasonable cause to believe that:

Criminal Record

1. An educator employed by or seeking employment at the School has a criminal record;

Resignation

2. The educator resigned and reasonable evidence supports a recommendation by the superintendent to terminate the educator based on a determination that the educator engaged in misconduct described in 3(a)-(e), below; or

Termination

  1. An educator's employment at the School was terminated based on a determination that the educator:
    1. Abused or otherwise committed an unlawful act with a student or minor;
    2. Possessed, transferred, sold, or distributed a controlled substance, as defined by Health and Safety Code Chapter 481 or by 21 U.S.C. Section 801 et seq.;
    3. Illegally transferred, appropriated, or expended funds or other property of the School;
    4. Attempted by fraudulent or unauthorized means to obtain or alter a professional certificate or license for the purpose of promotion or additional compensation; or
    5. Committed a criminal offense or any part of a criminal offense on school property or at a school-sponsored event. "Abuse" has the meaning assigned by Family Code 261.001 and includes any sexual conduct involving an educator and a student or minor.

Reports

The superintendent must file a report with SBEC not later than the seventh day after the superintendent first learns about an alleged incident of misconduct described in items 1-3, above. The report must be in writing and in a form prescribed by SBEC. SBEC shall determine whether to impose sanctions against a superintendent who fails to file a report in violation of this requirement.

The superintendent shall notify the Board and the educator of the filing of the report.

Immunity

If the superintendent, in good faith and while acting in an official capacity, files a report with SBEC, the superintendent is immune from civil or criminal liability that might otherwise be incurred or imposed.

Education Code 21.006, 19 TAC 249.14

ABANDONMENT OF CONTRACT

SBEC shall not pursue sanctions against an educator alleged to have abandoned his or her contract unless the TSBVI Board:

  1. Renders a finding that good cause did not exist for the educator to resign his or her position later than the 45th day before the first day of instruction; and
  2. Submits a written complaint to SBEC with 30 calendar days after the educator separates from employment.

REMOVAL/TERMINATION FOR CERTAIN OFFENSES AGAINST CHILDREN

If the School receives notice under Education Code Section 21.058(b) of the revocation of a certificate issued under Chapter 21, Subchapter B, the School shall:

  1. Immediately remove the person whose certificate has been revoked from campus or from an administrative office, as applicable, to prevent the person from having any contact with a student [see DK]; and
  2. As soon as practicable, terminate the employment of the person in accordance with the person's contract and with Education Code Chapter 21, Subchapter B.

These removal and termination requirements apply only to a conviction of a felony under Penal Code Title 5 or an offense for which the person must register as a sex offender, and only if the victim of the offense is under 18 years of age.

Education Code 21.058

CONTRACT VOID FOR FAILURE OF CERTIFICATION

An employee's probationary, term, or continuing contract under Education Code Chapter 21 is void if the employee:

  1. Does not hold a certificate or permit issued by SBEC; or
  2. Fails to fulfill the requirements necessary to extend the employee's temporary or emergency certificate or permit.

School's Options

After an employee receives notice that the employee's contract is void, the School may:

  1. Terminate the employee;
  2. Suspend the employee with or without pay; or
  3. Retain the employee for the remainder of the school year on an at-will employment basis in a position other than classroom teacher at the employee's existing rate of pay or at a reduced rate; and

An employee whose contract is void is not entitled to the minimum salary prescribed by Education Code 21.402.

No Appeal or Chapter 21 Hearing

The School's decision under Education Code 21.0031(b) is not subject to appeal under Education Code Chapter 21, and the notice and hearing requirements of this chapter do not apply to the decision.

APPLICABILITY

These void contract provisions do not affect the rights and remedies of a party in an at-will employment relationship and do not apply to a certified teacher assigned to teach a subject for which the teacher is not certified.

Education Code 21.0031; Nunez v. Simms, 341 F.3D 385 (5th Cir. 2003)

Adopted: 3/7/80

Amended: 1/26/90, 9/27/91, 5/26/94, 11/17/95, 5/31/01, 4/1/05

Reviewed: 1/26/99

Search for a Policy
Policy Index Pages A B C D E F G

The URL of this page is: www.tsbvi.edu/policy/df.htm