SUSPENSION WITHOUT PAY
The Board may, for good cause as determined by the Board, suspend a contract employee without pay:
- pending discharge, or
- in lieu of termination.
The suspension may not extend beyond the end of the school year.
Education Code 21.211(b)
If no discharge occurs subsequent to a suspension without pay, the employee is entitled to back pay for the period of suspension. Education Code 21.211(c)
GROUNDS FOR DISMISSAL
The Board may terminate a term contract and discharge an employee at any time for:
- Good cause as determined by the Board; or
- A financial exigency that requires a reduction in personnel.
Education Code 21.211(a)
Before any term contract employee is dismissed for good cause, the employee shall be given reasonable notice, in writing, of the charges against him or her and an explanation of the School’s evidence set out in sufficient detail to fairly enable the employee to show any error that may exist. Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (1985)
If a term contract employee desires a hearing before an independent hearing examiner, the employee must file a written request with the commissioner of education not later than the 15th day after the date the employee receives notice of the proposed termination or suspension without pay. The term contract employee must provide the School’s Director of Human Resources with a copy of the request and must provide the commissioner with a copy of the notice. Policy DFD contains the process for a contract employee to request a hearing before an independent hearing examiner.
The parties may agree in writing to extend by not more than ten days the deadline for requesting a hearing.
Education Code 21.251(a),.253 [See DFD]
An employee who is protesting proposed action to terminate a term contract at any time on the basis of a financial exigency declared under Education Code 44.011 [see CEA] that requires a reduction in personnel must notify the Board in writing not later than the tenth day after the date the employee receives notice of the proposed action. The employee is entitled to a hearing in the manner provided under Education Code 21.207 for nonrenewal of a term contract [see DFBB] or a hearing under Education Code Chapter 21, Subchapter F, as determined by the Board. Education Code 21.159
DEFINITION OF “DAY”
The definition of “day” means calendar day unless otherwise defined in law or Board policy.
In computing any period of time prescribed or allowed by this policy, the day of the aggrieved act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period is to be included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or legal holiday. Saturdays, Sundays and legal holidays shall not be counted for any purpose in any time period of five days or less in this policy (or applicable law). The day on which a grievance is filed is not to be counted in calculating the designated period of time. If a complaint is received by mail, the date of the filing is the date of the postmark.
Texas Rules of Court, Part I, Rule 4.
SUSPENSION WITH PAY
The employee may be suspended with pay pending the outcome of an investigation or the dismissal process.
report by principal
The Principal must notify the Superintendent not later than the seventh business day after the date of an educator’s termination of employment or resignation following an alleged incident of misconduct described by Education Code 21.006(b) [see DP]. Education Code 21.006(b-2); 19 TAC 249.14(e)
NOTICE TO SBEC
The circumstances in which a certified employee’s dismissal will be reported to the State Board of Educator Certification are contained in Board Policy DF.
Amended: 3/7/80, 9/9/83, 6/29/84, 11/9/84, 9/15/88, 1/26/90, 5/26/94, 11/17/95, 1/26/99, 1/24/02, 4/1/05, 4/5/13, 10/3/14, 11/21/14, 1/25/19