EMPLOYMENT POLICIES
The Board adopts policies for employment and duties of TSBVI personnel. The policies provide that:
- The Board employs and evaluates the Superintendent.
- The Superintendent has sole authority to make recommendations to the Board regarding the selection of all personnel serving under one-year contracts. The Board delegates final authority to the Superintendent for hiring all other employees. [See Superintendent Recommendation, below]; Education Code 11.1513(c)
- The Principal must approve each teacher or staff appointment to the Principal’s program as provided by Education Code 11.202 [Pen DK and DP];
- Notice will be provided of vacant positions [see POSTING OF VACANCIES below]; and
- TSBVI employees have the right to present grievances to the Board. [See Grievances, below] Education Code 11.1513 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, except that the policy may prohibit ex parte communication relating to:
- A hearing under Education Code Chapter 21, Subchapter E (Term Contracts) or F (Hearing Examiners); and
- Another appeal or hearing in which ex parte communication would be inappropriate pending a final decision by the Board.
Education Code 11.1513(i)–(j) [See DGBA]
Contract Positions
The Board shall employ by one-year term contract any professional whom the Board is permitted or required to employ under contract under Education Code 30.024 and Education Code 21.002(c). [See DCB]
Delegation of Authority
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. For all other employees, the Board delegates to the Superintendent the authority to specify the terms of employment with the School, except for the Auditor. Education Code 11.1513(c) [For nepotism implications, see BBFB and DBE]
Nepotism
The Superintendent has been delegated final hiring authority by the Board to select personnel and is therefore a “public official” with appointment authority for purposes of the nepotism laws. Atty. Gen. Op. GA-123 (2003) [See DBE and BBFB]
INTERNAL AUDITOR
The Board shall select the internal auditor and the internal auditor shall report directly to the Board. Gov’t Code 2102.006, 2102.007, Education Code 11.170 [See CFC]
SUPERINTENDENT RECOMMENDATION
The Board may accept or reject the Superintendent’s recommendation regarding the selection of TSBVI contract 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(b)
POSTING OF VACANCIES
At any time TSBVI has an employment opening for which persons outside the School will be considered, the School must list the opening with the Texas Workforce Commission. Gov’t Code 656.001
TSBVI’s employment policy must provide that 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 [see DBA], 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:
- notice of the position by posting the position on:
- a bulletin board at a place convenient to the public in the School’s central administrative office, and
- the School’s Internet Web site, and
- a reasonable opportunity to apply for the position.
Education Code 11.1513(d)
Exception
If, during the school year, TSBVI must fill a vacant position held by a teacher as defined by Education Code 21.201 [see DCB], 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)
GRIEVANCES
TSBVI provides each employee with the right to present grievances to the Board. Policy DGBA does 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, except that the policy prohibits ex parte communication relating to:
- a hearing under Education Code Chapter 21, Subchapter E (Term Contracts or F (Hearing Examiners); and
- another appeal or hearing in which ex parte communication would be inappropriate pending a final decision by the Board.
Education Code 11.1513(i-j) [See DGBA]
CONTRACT EMPLOYEES
Definitions
“Teacher” means a principal, assistant principal, classroom teacher, counselor, librarian 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)
Employment of Classroom Teachers
“Classroom teacher” means an educator who is employed by TSBVI and who, not less than an average of 4 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 classroom teacher, principal, assistant principal, librarian, or school counselor shall be employed under a probationary contract, or a term contract. TSBVI is not required to employ a person other than these listed employees under a probationary, or term contract. Education Code 30.024(b); 21.002
Employment of Other Professionals
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 professional, educational services. Education Code 30.024(b)
School nurses are state employees unless otherwise designated under the State of Texas classification system.
Minimum Length of Contract
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 of education 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
Proportionate Reduction
If TSBVI anticipates providing less than 180 days of instruction for students during a school year, as indicated by the School’s academic calendar, TSBVI may reduce the number of days or service proportionately. A reduction of instructional days does not reduce an educator’s salary. Education Code 21.401(c-1)
Commissioner Waiver
The commissioner of education may reduce the number of days of service if disaster, flood, extreme weather conditions, fuel curtailment, or another calamity causes the closing of schools. A reduction by the commissioner does not reduce an educator’s salary. Education Code 21.401(c), 25.081(b)
EDUCATIONAL AIDES
For any educational aide who shows a willingness to become a certified teacher:
- the Principal shall provide a variety of instructional experiences and professional information to the educational aide in order for the educational aide to consider a career as a special education teacher;
- tuition and fees are waived except for class and lab fees; and
- the School may pay college tuition related to obtaining the supplemental certificate for Teacher of Students with Visual Impairments after the educational aide has obtained the initial teacher certification.
Education Code 54.21436(f)
EMPLOYMENT OF RETIREES
State Employment After Retirement Under Employees Retirement System
The School may hire as regular, substitute or temporary employees any person who has retired under the Employees Retirement System. [See DCD, DEG, DFE]
Any person who has retired under the Employees Retirement System and is seeking employment with the School must apply for any position competitively as an external applicant no sooner than ninety days after the individual’s retirement date. A retiree may not apply for positions available only to internal applicants.
Contracting with Former Employees
The School may not enter into a professional services contract under Government Code Chapter 2252, or a consulting services contract under Government Code Chapter 2254 with a former or retired employee of the School before the first anniversary of the last date on which the individual was employed by the School, if appropriated money will be used to make payments under the contract.
The School is not prohibited from entering into a professional services contract with a corporation, firm, or other business entity that employs a former or retired employee of the School within one year of the employee’s leaving the School, provided that the former or retired employee does not perform services on projects for the corporation, firm, or other business entity that the employee worked on while employed by the School.
Gov’t Code 2252.901
An employee employed under Texas Education Code 30.024 is not subject to Section 2252.901, Government Code.
Education Code 30.024
FORMER BOARD MEMBER EMPLOYMENT
A board member is prohibited from accepting employment with TSBVI until the first anniversary of the date the board member’s membership on the Board ends. Education Code 11.063 [See BBC]
NEW HIRES
I-9 Forms
TSBVI 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:
- Within 3 business days of initial hiring. If the School hires an individual for employment for a duration of less than 3 business days, the School must verify employment at the time of hire.
- The School shall not be deemed to have hired an individual if the individual is continuing in his or her employment and has a reasonable expectation of employment at all times. When the School rehires an individual, the School may, in lieu of completing a new I-9, inspect a previously completed I-9 executed within 3 years of the date of rehire, to determine whether the individual is still eligible to work.
- For an individual whose employment authorization expires, not later than the date of expiration.
8 CFR 274a.2 (b)(1)(ii), (iii), (vii), (viii)
NEW HIRE REPORTING
On behalf of TSBVI, the Comptroller of Public Accounts shall furnish through an automated process to the Directory of New Hires (Texas Attorney General’s Office Child Support Division) 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.
42 U.S.C. 653a(b), (c); Family Code 234.101-234.10; 1 TAC 55, Subch. I; 40 TAC Part 20, 843.3; Atty. Gen. Op. KP-0070(3-17-16)
Penalties
If TSBVI knowingly violates the new hire provisions it may be liable for a civil penalty, as set forth at Family Code 234.105.
42 U.S.C. 653a(b), (c); Family Code 234.101–.105; 1 TAC 55, Subch. I
EMPLOYMENT OF FOREIGN NATIONALS
Applicants selected for employment must be eligible to work in the United States. The School shall not sponsor H1-B work authorizations for foreign nationals.
SOCIAL SECURITY NUMBERS
TSBVI shall not use the employee’s Social Security number as an employee identifier other than for tax purposes. Education Code 11.1514 [See DBA]
Federal Law
TSBVI shall not 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.
Exceptions
The federal law does not apply to:
- any disclosure that is required by federal statute. The United States Internal Revenue Code provides that the Social Security number issued to an individual for purposes of federal income tax laws shall be used as the identifying number for taxpayers;
- any disclosure to the School maintaining a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted before such date to verify the identity of an individual; or
- any use for the purposes of establishing the identity of individuals affected by any tax, general public assistance, driver’s license, or motor vehicle registration law within the School’s jurisdiction.
Statement of Uses
If the School requests disclosure of a Social Security number, it 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.
Privacy Act of 1974, Pub. L. No. 93-579, Sec. 7, 88 Stat. 1896, 1897 (1974)
EMPLOYMENT ASSISTANCE PROHIBITED
Federal Law
A school that receives Title I funds shall have regulations or policies that prohibit any individual who is a school employee, contractor, or agent, or a district, from assisting a school employee in obtaining a new job, apart from the routine transmission of administrative and personnel files, if the individual or district knows, or has probable cause to believe, that such school employee engaged in sexual misconduct regarding a minor or student in violation of the law.
This requirement shall not apply if the information giving rise to probable cause has been properly reported to a law enforcement agency with jurisdiction over the alleged misconduct; and has been properly reported to any other authorities as required by federal, state, or local law, including Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and the implementing regulations under Part 106 of Title 34, Code of Federal Regulations, or any succeeding regulations; and:
- the matter has been officially closed or the prosecutor or police with jurisdiction over the alleged misconduct has investigated the allegations and notified school officials that there is insufficient information to establish probable cause that the school employee engaged in sexual misconduct regarding a minor or student in violation of the law;
- the school employee has been charged with and acquitted or otherwise exonerated of the alleged misconduct; or
- the case or investigation remains open and there have been no charges filed against, or indictment of, the school employee within four years of the date on which the information was reported to a law enforcement agency.
20 U.S.C 7926 [See also CJ]
State Law
SBEC may suspend or revoke a certificate, impose other sanctions against the person, or refuse to issue a certificate to the person if:
- the person assists another person in obtaining employment at a school district, private school or open-enrollment charter school, other than by the routine transmission of administrative and personnel files; and
- the person knew that the other person has previously engaged in sexual misconduct with a minor or student in violation of the law.
The commissioner may require a school to revoke or decline to issue a teaching permit under Education Code 21.055 issued to or requested by a person subject to SBEC action above.
Education Code 21.0581
VERIFICATION OF SELECTIVE SERVICE REGISTRATION
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:
- registration with the selective service system as required by federal law; or
- exemption from registration with the selective service system.
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.
Gov’t Code 651.005
PROMOTIONS
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.
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, 4/5/13, 9/30/16, 4/6/18, 9/28/20
Reviewed: