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APPLICABILITY

This policy applies only to professionals under contracts whose contracts are not governed by Chapter 21 of the Education Code.

DEFINITION OF TEACHER

In this policy, "teacher" includes a principal, supervisor, classroom teacher, lead teacher, librarian, speech language pathologist, counselor, or other full-time professional who is required to hold a certificate or license required  under Education Code Subchapter B, chapter 21, except the term does not include a superintendent, or any employee who does not supervise or provide direct and regular services to students at the School.  Education Code 30.024(a)(b)

CONTRACTS WITH PROFESSIONALS OTHER THAN TEACHERS

The governing board of the School may enter into an employment contract with any employee who provides, or supervises, any employee who provides direct and regular educational services to students, or who provides other professional, educational services. Such professionals include licensed specialists in school psychology, educational diagnosticians, counselors, social workers, occupational therapists, physical therapists, and other providers of related services who are licensed or certified by their professional accrediting agencies recognized by the state of Texas.

Education Code 30.024(b)

APPROVAL

The Superintendent shall submit for Board review the title of each non-teacher position employed by contract.

NOT GOVERNED BY CHAPTER 21

When the School enters into a contract with professionals other than teachers under the provisions of Education Code 30.024(b) that contract shall not be subject to the provisions of Education Code Chapter 21, Subchapter E.

ONE-YEAR TERM

Contracts with professionals other than teachers shall not exceed a term of one school year.

TERMINATION AT END OF CONTRACT

The Board may decide by vote, or inaction, not to offer any professional under contract, other than a teacher, further employment with the School beyond the term of the contract for any reason, or no reason.

Perry v. Sindermann, 92 S. Ct. 2694 (1972); Board of Regents of State Colleges v. Roth, 92 S. Ct. 2701 (1972)

TERMINATION DURING CONTRACT TERM

A professional under contract may be dismissed for good cause before the completion of the term fixed in his, or her, contract.

PROCEDURE FOR TERMINATION DURING CONTRACT TERM

Before any professional under contract not governed by Chapter 21 of the Education Code is dismissed, the professional shall be given reasonable notice of the cause, or causes, for the termination set out in sufficient detail to fairly enable him, or her, to show any error that may exist and the names and the nature of the testimony of the witnesses against him.

Ferguson v. Thomas, 430 F. 2d 852 (5th Cir. 1970)

HEARING FOR TERMINATION DURING CONTRACT TERM

If a professional under a contract not governed by Chapter 21 of the Education Code is dismissed and requests a hearing, the Board may conduct the hearing in open session, or in closed session, unless the professional requests a public hearing, in which case the hearing shall be open to the public.

Gov't Code 551.074

SUSPENSION

The professional may be suspended with pay pending the outcome of the dismissal hearing.

Moore v. Knowles, 486 F.2d 531 (5th Cir. 1972)

The professional may be suspended without pay so long as the suspension is temporary and the professional receives a due process hearing.

Gilbert v. Homar, 117 S. Ct. 1807, 1814 (1997)

Adopted:         11/6/98
Amended:        5/28/03, 4/5/13          
Reviewed: