DFBB (TSBVI) - TERM CONTRACTS: NONRENEWAL

DEFINITION OF "TEACHER"

As used in this policy, the term "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, except the term does not include a superintendent or any employee who does not provide direct and regular services to students at the school.

EVALUATIONS

Before making a decision not to renew a term contract, the Board shall consider the most recent evaluations if the evaluations are relevant to the reason for the Board's action.

Education Code 21.203(a) (See DNA)

REASONS FOR NONRENEWAL OF TEACHER CONTRACT

The recommendation to the Board and its decision not to renew a contract under this policy shall not be based on a teacher's exercise of Constitutional rights, or based unlawfully on an employee's race, color, religion, sex, national origin, disability, or age.

Reasons for proposed nonrenewal of a professional certified employee's contract, other than contracts issued in accordance with Education Code 30.024(b), shall be:

  1. Deficiencies pointed out as part of the appraisal or evaluation process or any other communications.
  2. Failure to fulfill duties or responsibilities.
  3. Incompetency or inefficiency in the performance of required, or assigned duties.
  4. Inability to maintain discipline in the classroom or at assigned school-related functions.
  5. Insubordination or failure to comply with official directives.
  6. Failure to comply with Board policies or administrative regulations.
  7. Neglect of duties.
  8. Reduction in force because of decline in TSBVI enrollment, financial exigency, or a change in programs.
  9. Conducting personal business during school hours when it results in neglect of duties.
  10. Drunkenness or excessive use of alcoholic beverages; illegal use of drugs, hallucinogens, or other substances regulated by the Texas Controlled Substances Act.
  11. The possession, use, or being under the influence of alcohol, alcoholic beverages, or drugs and narcotics, as defined by the Texas Controlled Substances Act, while on school property, working in the scope of the employee's duties, or attending any school-sponsored activity.
  12. Conviction of a felony, or any crime involving moral turpitude.
  13. Failure to report any arrest, conviction, or deferred adjudication for any felony or any crime involving moral turpitude as required by policy.
  14. Failure to meet the School's standards of professional conduct.
  15. Failure to comply with reasonable School requirements regarding advanced course work or professional improvement and growth.
  16. Disability, not otherwise protected by law, that impairs performance of required duties.
  17. Immorality, which is conduct the Board determines is not in conformity with the accepted moral standards. Immorality is not confined to sexual matters, but includes conduct inconsistent with rectitude, or indicative of corruption, indecency, or depravity.
  18. Any activity, school-connected or otherwise, that because of the publicity given it or knowledge of it among students, faculty, and community, impairs or diminishes the employee's effectiveness in the School.
  19. Reasons specified in individual employment contracts reflecting special conditions of employment.
  20. Failure to maintain an effective working relationship or maintain good rapport with parents, the community, or colleagues.
  21. A significant lack of student progress.
  22. Assault on an employee or student.
  23. Falsification of records or other documents related to the School's activities.
  24. Falsification of required information on an employment application.
  25. Misrepresentation of facts to a supervisor or other TSBVI official in the conduct of TSBVI business.
  26. Failure to fulfill the requirements for certification, including passing the TECAT or ExCet and the requirement to obtain visually handicapped endorsement within the required timeline.
  27. Failure to fulfill the requirements of a deficiency plan under an Emergency Permit, a Special Assignment Permit, or a Temporary Classroom Assignment Permit.
  28. Any attempt to encourage or coerce a child to withhold information from the child's parent.
  29. Reasons constituting good cause for dismissing the employee during the contract term.

NOTICE TO TEACHERS

Not later than the 45th day before the last day of instruction in a school year, the Board shall notify in writing, each teacher, as defined above, whose contract is about to expire, of its proposal to renew or not renew the contract.

The Board's failure to give notice of a proposed renewal or nonrenewal, constitutes an election to employ the teacher in the same professional capacity for the following school year.

Education Code 21.201, 21.206

REQUEST FOR HEARING

If the teacher desires a hearing after receiving notice of the proposed nonrenewal, the teacher shall notify the Board in writing not later than the 15th day after receiving the notice of proposed action. The Board shall provide for a hearing to be held within 15 days after receiving written notice from the teacher requesting a hearing, unless the parties agree in writing to a different date. Such hearing shall be closed unless an open hearing is requested by the teacher and shall be conducted in accordance with rules promulgated by the School.

BOARD HEARING

If the teacher requests a hearing, the Board shall hold a hearing, the Board shall hold a hearing at which the teacher may:

  1. Be represented by a representative of the teacher's choice;
  2. Hear the evidence supporting the reason for nonrenewal;
  3. Cross-examine adverse witnesses; and
  4. Present evidence.

Education Code 21.207

BOARD DECISION

To evaluate the evidence put before it, the Board shall use the preponderance of the evidence standard of review.

Whitaker v. Marshall ISD, Comm. Ed. Dec. No. 112-R1-598 (1998)

Following the hearing, the board shall take the appropriate action and notify the employee in writing of that action within 15 days following the conclusion of the hearing.

NO HEARING

If the teacher fails to request a hearing, the Board shall take the appropriate action and notify the teacher, in writing, of that action not later than the 30th day after the date the notice of proposed nonrenewal was sent.

Education Code 21.207, 21.208

HEARING EXAMINER

The Board may use the process described at DFD.

Education Code 21.207

APPEALS

A teacher aggrieved by a decision of the Board to nonrenew a term contract may appeal to the commissioner for a review of the Board's decision.

Education Code 21.209

CONTRACTS NOT COVERED BY EDUCATION CODE CHAPTER 21

When the Board enters into a contract under Education Code 30.024(b) with any employee except for a teacher, as that term is defined in that subsection, that contract shall not be subject to the provisions of Education Code Chapter 21.

Adopted: 1/13/81

Amended: 11/11/83, 6/29/84, 11/9/84, 7/12/85, 1/23/87, 5/29/87, 1/14/88, 6/1/89, 1/26/90, 11/30/90, 5/30/91, 9/27/91, 5/26/94, 11/17/95, 5/24/96, 3/21/97, 1/28/00, 7/26/02, 4/1/05

Reviewed:

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

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