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GENERAL PROVISIONS

A person who is legally employed by more than one Texas state agency, or institution of higher education, may not receive benefits from the state in excess of those provided for one full-time employee. The person is subject to the following provisions and must be informed of them before the person becomes employed by more than one agency, or institution.

  1. Separate vacation and sick leave records must be maintained for each employment. When the person terminates from one employment, the person's leave balances that were accrued under that employment may not be transferred to the remaining employment.
  2. The person accrues state service credit for all purposes as if the employee had only one employment.
  3. The total state contribution towards the person's group insurance is limited to the amount specified in the General Appropriations Act for a full-time active employee.
  4. Overtime compensation accrues to an employment independently of every other employment with the following exception. If the person is subject to the overtime provisions of the Fair Labor Standards Act of 1938 (FLSA) in an employment, the employing agencies and institutions must ensure that the person is compensated for all combined time worked in excess of 40 hours per week according to the FLSA overtime provisions. The agencies and institutions shall coordinate to determine which agency, or institution, is responsible for ensuring that the employee is properly compensated according to those provisions.
  5. An employing agency or institution may not use multiple employments of an employee within the same agency or institution for the purpose of:  (a) paying the employee for working more than 40 hours in a week instead of earning compensatory time in accordance with state law, or (b) paying the employee a greater salary than is allowed for either of the employee’s positions.
  6. The person must inform the person’s employing state agencies, or institutions of higher education, before accepting an additional employment with another agency, or institution.
  7. The Texas School for the Blind and Visually Impaired will not hire any individual who is already employed by another Texas state agency or institution in a non-exempt position.

Texas Government Code 667.001-667.007

Adopted:         5/8/81

Amended:       11/11/83, 1/21/94, 11/17/95, 9/26/97, 3/26/02, 11/18/16

Reviewed:       4/5/13

 

DEFINITION

In this policy, the term "appoint" includes appointing, confirming the appointment of, and voting to appoint or confirm the appointment of a person.

NEPOTISM PROHIBITED

Except as provided by this policy, a public official may not appoint a person to a position that is to be directly or indirectly compensated from public funds or fees of office if:

  1. The person is related to the public official by blood (consanguinity) within the third degree or by marriage (affinity) within the second degree [see below]; or
  2. The public official holds the appointment or confirmation authority as a member of a local board and the person is related to another member of the board by blood or marriage within a prohibited degree.

Gov't Code 573.002, 573.041; Atty. Gen. Op. JC-0184 (2000)

INDEPENDENT CONTRACTOR

The nepotism law governs the hiring of an individual, whether the employee is hired as an individual or an independent contractor. Atty. Gen. Op. DM-76 (1992)

SUPERINTENDENT

To the extent a board has delegated final hiring authority to a superintendent to select personnel, the superintendent is a "public official" for purposes of the nepotism laws. Atty. Gen. Op. GA-123 (2003)[See BBFA]

With respect to noncontractual employees [see DC]:

  1. The superintendent is a public official for purposes of the nepotism prohibitions only with respect to a decision made under that delegation of authority; and
  2. Each member of the board remains subject to the nepotism prohibitions with respect to all School employees.

For purposes of this provision, a person hired by the School before September 1, 2007, is considered to have been in continuous employment [see CONTINUOUS EMPLOYMENT, below] and is not prohibited from continuing employment with the School subject to the abstention requirements.

Education Code 11.1513(f)

COMPENSATION OF PROHIBITED EMPLOYEE

A public official may not approve an account or draw or authorize the drawing of a warrant or order to pay the compensation of an ineligible person if the official knows the person is ineligible. Gov't Code 573.083

CONSANGUINITY

Two persons are related to each other by consanguinity (blood) if one is a descendant of the other or if they share a common ancestor. An adopted child is considered to be a child of the adoptive parents. Gov't Code 573.022

An individual's relatives within the third degree by consanguinity are the individual's:

  1. Parent or child (first degree);
  2. Brother, sister, grandparent, or grandchild (second degree); and
  3. Great-grandparent, great-grandchild, aunt or uncle (who is a sibling of a parent of the person), nephew or niece (who is a child of a brother or sister of the person) (third degree).

Gov't Code 573.023

Half-blood Relatives

There is no distinction under the nepotism statute between half-blood and full-blood relations. Thus, half-blood relationships fall within the same degree as those of the full blood. Atty. Gen. Op. LO-90-30 (1990)

AFFINITY

Two persons are related to each other by affinity if they are married to each other or if the spouse of one of the persons is related by consanguinity to the other person.

The ending of a marriage by divorce or the death of a spouse ends relationships by affinity created by that marriage unless a child of the marriage is living, in which case the marriage is considered to continue as long as a child of that marriage lives. This provision applies to a school board member only until the youngest child of the marriage reaches the age of 21 years.

Gov't Code 573.024

A husband and wife are related to each other in the first degree by affinity. For other relationships, the degree of relationship by affinity is the same as the degree of the underlying relationship by consanguinity. For example, if two persons are related to each other in the second degree by consanguinity, the spouse of one of the persons is related to the other person in the second degree by affinity.

A person's relatives within the second degree by affinity are:

  1. The persons spouse;
  2. Anyone related by consanguinity to the person's spouse within the first or second degree; or
  3. The spouse of anyone related to the person by consanguinity within the first or second degree.

Gov't Code 573.025

EFFECT OF TRUSTEE RESIGNATION

All public officers shall continue to perform the duties of their offices until their successors shall be duly qualified, i.e., sworn in. Until the vacancy created by a trustee's resignation is filled by a successor, the trustee continues to serve and have the duties and powers of office, and a relative within a prohibited degree of relationship is barred from employment. Tex. Const., Art. XVI, Sec. 17; Atty. Gen. Ops. JM-636 (1987), DM-2 (1991), O-6259 (1945)

EXCEPTIONS

Continuous Employment (Grandfather Clause)

The nepotism prohibitions do not apply to the appointment of a person to a position if the person is employed in the position immediately before the election or appointment of the public official to whom the person is related in a prohibited degree and that prior employment is continuous for at least:

  1. Thirty days, if the public official is appointed; or
  2. Six months, if the public official is elected.

Gov't Code 573.062(a)

Retirees

A teacher who has retired from a full-time, certified teacher position has broken his or her employment with the School and does not qualify for the continuous-employment exception to the nepotism laws. Atty. Gen. Op. JC-0442 (2001)

For purposes of calculating the appropriate date for the applicability of the continuous-employment exception, a superintendent with final authority to select personnel is an appointed public official. Atty. Gen. Op. GA-0177 (2004)

Abstention

If an employee continues in a position under this exception, the public official to whom the employee is related in a prohibited degree may not participate in any deliberation or voting on the appointment, reappointment, employment, reemployment, change in status, compensation, or dismissal of the employee, if the action applies only to the employee and is not taken regarding a bona fide class or category of employees. Gov't Code 573.062(b)

A "change in status" includes a reassignment within an organization, whether or not a change in salary level accompanies the reassignment. Atty. Gen. Op. JC-0193 (2000)

For an action to be "taken with respect to a bona fide category of employees," the officeholder's action must be based on objective criteria, which do not allow for the preference or discretion of the officeholder. Atty. Gen. Op. DM-46 (1991)

Substitute Teacher

The nepotism prohibitions do not apply to appointment or employment of a substitute teacher. Gov't Code 573.061

TRADING

A public official may not appoint a person to a position in which the person's services are under the public official's direction or control and that is to be compensated directly or indirectly from public funds or fees of office if:

  1.  
    1. The person is related to another public official within the prohibited degree; and
    2. The appointment would be carried out in whole or in partial consideration for the other public official's appointing a person who is related to the first public official within a prohibited degree.

Gov't Code 573.044

FEDERAL FUNDS

The rules against nepotism apply to employees paid with public funds, regardless of the source of those funds. Thus, the rules apply in the case of a teacher paid with funds from a federal grant. Atty. Gen. L.A. No. 80 (1974)

PENALTIES

An individual who violates the nepotism prohibitions shall be removed from his or her position. Gov't Code 573.081, 573.082.

An individual who violates Government Code 573.041 (Prohibition on Public Officials), 573.062(b) (see CONTINUOUS EMPLOYMENT and ABSTENTION, above), or 573.083 (see COMPENSATION OF PROHIBITED EMPLOYEE) commits an offense involving official misconduct. Gov't Code 573.084

RELATIVES OF SUPERVISORY PERSONNEL

No employee shall be directly, or indirectly, supervised by an individual to whom he, or she, is related by consanguinity within the third degree, or by affinity within the second degree.

Adopted: 7/13/79
Amended: 1/11/80, 5/14/82, 6/29/84, 7/12/85, 10/25/85, 9/26/86, 11/12/87, 1/26/89, 5/28/92, 1/29/93, 1/21/94, 3/25/94, 11/18/94, 11/15/96, 1/30/04, 1/28/05, 1/25/08
Reviewed: 5/31/01, 4/5/13

Adopted: 6/1/89
Amended: 5/28/92
Reviewed: 1/21/94, 11/15/96, 5/31/01

These illustrations depict the relationships that violate the nepotism law.

CONSANGUINITY (BLOOD KINSHIP)

Board member is prospective employee's:

FIRST DEGREE

Parent - Child

SECOND DEGREE

Grandparent - Grandchild - Sister/Brother

THIRD DEGREE

Great Grandparent - Great Grandchild - Aunt/Uncle - Niece/Nephew

AFFINITY (MARRIAGE KINSHIP)

Board member's spouse is the prospective employee.

OR

Board member's spouse is prospective employee's:

OR

Prospective employee's spouse is the Board member's:

FIRST DEGREE

Parent - Child

SECOND DEGREE

Grandparent - Grandchild - Sister/Brother

NOTE: The spouses of two persons related by blood are not, by that fact, related. The affinity chart supposes only one affinity relationship between the Board member and prospective employee through either of their spouses.

Adopted: 6/1/89
Amended: 5/28/92
Reviewed: 1/21/94, 11/15/96, 5/31/01

PERSONS UNDER PROBATIONARY CONTRACTS

Each of the following persons shall be employed under a probationary contract when the person is employed by the School for the first time, or if the person has not been employed by the School for two consecutive years subsequent to August 28, 1967:

  1. Principal
  2. Supervisor
  3. Classroom teacher
  4. Counselor
  5. Other full-time professional employee who is required to hold a certificate issued under Education Code Chapter 21, Subchapter B.

Education Code 21.101, 21.102(a), 30.02; Gov’t Code Chapter 654

Exception

Rehires

A person who previously was employed as a teacher by the School, and after at least a two-year lapse in TSBVI employment returns to TSBVI employment, may be employed under a probationary contract.  Education Code 21.102(a)

Principal or Classroom Teacher

The School may employ a person as a principal or classroom teacher under a term contract if the person has experience as a public school principal or classroom teacher, respectively, regardless of whether the person is being employed by the School for the first time or whether a probationary contract would otherwise be required under Section 21.102.  Education Code 21.101, 21.202(b)

Upon Reassignment

An employee may be employed under a probationary contract if the employee voluntarily accepts an assignment in a new professional capacity that requires a different class of certificate under Education Code Chapter 21, Subchapter B than the class of certificate held by the employee in the professional capacity in which the employee was previously employed. 

This provision does not apply to an employee who is returned by TSBVI to a professional capacity in which the employee was employed by TSBVI before the School employed the employee in the new

professional capacity.  The employee is entitled to be employed in the original professional capacity under the same contractual status as the status held by the employee during the previous employment by TSBVI in that capacity.

Education Code 21.102(a-1)  [See 19 TAC 230.33 for list of certificate classes]

TERM OF CONTRACT

A probationary contract may not be for a term exceeding one school year.

PROBATIONARY PERIOD

The probationary contract period for persons required to be employed under a probationary contract shall be for a total of three consecutive school years, except that the probationary period shall be one year for a person who has been employed as a teacher in public education for at least five of the eight years preceding employment by the School.

EXCEPTION

A probationary contract period may be extended beyond the third consecutive year of employment if, during the third year of the probationary period, the Board determines that it is doubtful whether a term contract should be given. If the Board makes such a determination, the School may make a probationary contract for a term ending with the fourth consecutive school year.

Education Code 21.102

Adopted:         11/17/95

Amended:       5/24/96, 1/28/00, 1/28/05, 4/5/13, 11/15/19

Reviewed:

DCB (TSBVI) - EMPLOYMENT PRACTICES: TERM CONTRACTS

ELIGIBLE EMPLOYEES for term contracts

In this policy, "teacher" means a principal, supervisor, classroom teacher, librarian, counselor, or other full-time professional who is required to hold a certificate issued under Education Code 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. Each teacher shall be employed under a term contract as provided by Education Code Subchapter E, Chapter 21, except for those who are employed under full-time probationary contracts as provided by Policy DCA.

Education Code 30.024(a),(b); See Gov’t Code Chapter 654

If the School requires a person, by policy, job description, or contract, to hold a certificate issued under Education Code Chapter 21, Subchapter B, TSBVI is required to employ the person under a term contract as provided by Education Code Chapter 21, Subchapter E.  Fields v. Alief Indep. Sch. Dist., Tex. Comm’r of Educ. Decision No. 006-R10-10-2014 (2015)

REQUIREMENTS

Certificate

A person who desires to teach at TSBVI shall present the person’s certificate for filing with the School before the person’s contract with the Board is binding.  Education Code 21.053(a)

Probationary Contract

Except as provided below, before a term contract may be issued, the person must be employed under a probationary contract.

Exception for principal or classroom teacher

The School may employ a person as a principal or classroom teacher under a term contract if the person has experience as a public school principal or classroom teacher, respectively, regardless of whether the person is being employed by the School for the first time or whether a probationary contract would otherwise be required under Education Code 21.102.

Education Code 21.202(b)

grounds for non-renewal

Except as provided by Education Code 21.352(c), the Board's employment policies, which must include reasons for not renewing a term contract at the end of a school year, must require a written evaluation of each term contract employee at annual or more frequent intervals. Education Code 21.203 [See DFBB and DN SERIES]

CONTRACT TERMS

A term contract shall be in writing and include the terms of employment prescribed by Education Code Chapter 21, Subchapter E. The Board may include other provisions in a one year term contract that are consistent with that subchapter. Each term contract is subject to the approval of the Board.  The Board shall provide each term contract employee with a copy of the employee’s contract.  Education Code 21.204

Duration of Term Contract

Once the probationary period has been completed, the duration of a term contract shall be one school year. Education Code 21.205

PROPERTY INTEREST

There is no property interest in a term contract beyond its term. Education Code 21.204(e)

EMPLOYMENT POLICIES

The School shall place the Board’s employment policies on the TSBVI website.  The Board shall make a copy of the employment policies available for inspection at a reasonable time on request.  On request, the Board shall also provide each term contract employee with a copy of the employment policies.  Education Code 21.204(d)

Adopted:         11/17/95

Amended:       3/22/96, 11/6/98, 3/26/02, 1/28/05, 11/15/19

Reviewed:

CATEGORIES OF NON-CONTRACT EMPLOYEES

The Board authorizes the Superintendent to hire non-contract employees in the following categories:

REGULAR

Regular employees are hired for positions budgeted for a continuous, indefinite duration on a full or part-time, basis.

TEMPORARY

Temporary employees are hired for positions of no longer than six months duration on a full or part-time, basis.

SUBSTITUTE

Substitute employees are hired on an hourly, on-call basis for work to be performed as needed. A substitute employee who works in a full-, or part-time, position for one continuous month shall be changed from substitute to temporary status.

AT-WILL EMPLOYMENT

The employment-at-will doctrine places no duties on an employer regarding an employee's continued employment, and thus bars contract and tort claims based on the decision to discharge an employee. Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985)

In Texas, at-will employment is presumed unless shown otherwise. Gonzales v. Galveston Ind. Sch. Dist., 865 F.Supp. 1241 (S.D. Tex. 1994)

All regular, temporary, and substitute non-contract employees are at-will employees whose employment may be terminated at will and without cause, except as otherwise provided by law. Garcia v. Reeves County, Texas, 32F.3d 200 (5th Cir. 1994); Irby v. Sullivan, 737 F.2d 1418 (5th Cir. 1984); Winters v. Houston Chronicle Pub. Co., 795 S.W.2d 723 (Tex. 1990)

The School has no duty to at-will employees regarding continuation of employment. Jones v. Legal Copy, Inc., 846 S.W.2d (Tex. App.--Houston (1st Dist.) 1993)

Exception

Regular, temporary and substitute employees cannot be discharged if the sole reason for the discharge is that the employee refused to perform an illegal act. Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733

(Tex. 1985) (See DG, DGA, DGB for other exceptions)

RESIGNATION

A noncontract employee may voluntarily relinquish his/her position and leave the employment of TSBVI. The superintendent requests written notice of the employees intention to leave the employment of TSBVI 14 days prior to the effective date of the resignation.

DISMISSAL PROCEDURE

An at-will employment relationship, standing alone without benefit, or recognized exception, triggers no due process requirement nor right. Mott v. Montgomery County, Tex., 882 S.W. 635, 638 (Tex. App.--Beaumont, 1994).

Termination of employment is a condition of work that is a proper subject for the grievance process. Fibreboard Paper Products Corp. v. National Labor Relations Board, 85 S.Ct. 398, 402 (1984); Sayre v. Mullins,681 S.W.2d 25 (Tex. 1984) [See DGBA]

A TSBVI employee whose employment has been terminated may appeal the termination to the Board.

NOTICE TO THE COMMISSIONER

See policy DF regarding circumstances under which a certified paraprofessional employee's dismissal will be reported to the commissioner of education.

Adopted: 11/17/95

Amended: 5/24/96, 5/31/01, 1/28/05

Reviewed: 1/23/98

APPLICABILITY

This policy applies to the reduction in force of all classified, at-will employment positions except for the position of Internal Auditor who is appointed by the Board.

DEFINITION

Definitions used in this policy are as follows:

  1. "Financial exigency" shall mean any event or occurrence that creates a need for the School to reduce financial expenditures for personnel including, but not limited to, a decline in the School’s financial resources, a decline in enrollment, a cut in funding, expiration or reduction of a grant, or an unanticipated expense or capital need. 
  2. "Program change" shall mean any elimination, curtailment, or reorganization of a curriculum offering, program, or school operation.   The term shall include, but not be limited to, a change in curriculum objectives, a modification or reorganization of staffing patterns, a redirection of financial resources to meet the educational needs of the students, a lack of student response to particular course offerings, or legislative revisions to programs.

AFFECTED EMPLOYMENT AREAS

Reduction in force may affect a particular classification, or group of classifications within, or across, departments. When a reduction in force is to be implemented, the Superintendent will determine the affected employment groups, or areas, in a manner that best meets the needs of the School and its students.

CRITERIA

Using the following criteria, department heads shall identify employees to be recommended to the Superintendent for reduction in force.

In each instance that a reduction in force is deemed necessary, an objective rating system will be developed utilizing these criteria and weighting each one of them in a manner that is consistent with its importance in each particular situation.

  1. Performance: Effectiveness as reflected by appraisal records and other written evaluative information.
  2. Job related skills, credentials and experience.
  3. Seniority: Years of service in the School.

EXECUTIVE ACTION

The Superintendent shall determine which employees shall be terminated. The employee shall be advised that a reduction in force has been implemented resulting in his or her termination and shall be informed of the effective date of the termination.

RIGHTS OF EMPLOYEES SUBJECT TO RIF

This provision shall not create a contractual relationship, or any expectation of employee other than "at will."

An employee who has been terminated under this policy:

  1. may have the employee’s sick leave balance restored if reemployed by the state within twelve months of their termination in accordance with state law;
  2. may be added to the substitute list , upon request;
  3. may apply as an internal applicant for any posted position for which the employee qualifies prior to the effective date of the employee’s termination; and
  4. may apply as an external applicant for any posted position for which the employee qualifies after the effective date of the employee’s termination. Termination by reduction in force shall not be prejudicial to consideration for being rehired.

Adopted:         5/14/83
Amended:        9/27/91, 11/18/94, 11/17/95, 3/21/97, 5/28/03, 4/5/13
Reviewed:       1/24/02

CAUSE FOR ACTION

Employees may be subject to disciplinary action, including dismissal, for reasons related, but not limited, to unsatisfactory job performance, misconduct, poor attendance, and unsatisfactory professional conduct, or growth.

PERFORMANCE MONITORING

Policy DNAA describes the schedule and minimum intervals for evaluating non-teaching personnel. It is the policy of the Board and the Administration that monitoring of each subordinate’s performance be an ongoing aspect of supervisors' responsibilities, in addition to an annual formal appraisal. To this end, supervisors shall conduct performance conferences, as needed, throughout the evaluation cycle to discuss with the employee emerging performance problems in an effort to correct the problem before more serious disciplinary action is indicated. Likewise, supervisors shall recognize performance which significantly exceeds expectations, either orally or in writing.

PROGRESSIVE DISCIPLINARY STEPS

The Superintendent shall develop and implement an administrative procedure which includes a range of progressive disciplinary steps to address employee job performance (see TSBVI Operating Procedure A-2-4.1). The procedure shall result in the proposed dismissal of employees whose job performance, or conduct, does not meet standards after less severe actions have been taken. However, nothing in the procedure shall prevent the Superintendent from approving disciplinary actions, including proposed dismissal, which have not been preceded by all available steps. The seriousness of the performance problem, or misconduct, along with the employee's disciplinary history, will be considered in determining the appropriate disciplinary action.

PROPOSED DISMISSAL

A dismissal action against a regular employee, as defined in policy DCD, shall become final when the employee has had the opportunity to make a response to the Superintendent, or his/her designee, regarding any reasons stated for the proposed dismissal and the Superintendent/designee has finalized the dismissal action.

A dismissal action against a temporary, or substitute employee, shall become final upon approval by the Superintendent, or his/her designee, of the administrative recommendation for dismissal.

EMPLOYMENT AT WILL

Nothing in this policy (or in TSBVI Operating Procedure A-2-4.1) is intended, or shall be construed, to give non-contractual employees a property right in their employment. Non-contractual employees may be dismissed at will. The Superintendent may terminate the employment relationship at any time, for any reason, except as otherwise provided by law. See also DCD.

Adopted:       3/7/80
Amended:      5/8/81, 11/12/87, 1/25/91, 7/17/92, 5/26/94, 9/29/95, 11/17/95, 11/6/98, 4/5/13
Reviewed:    1/30/04

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:      

MINIMUM WAGE AND OVERTIME

Employees not exempt under the Fair Labor Standards Act shall be paid minimum wage and receive compensation for overtime under the conditions specified in the Act.

29 U.S.C., Sec. 206, 207

Nothing in the Fair Labor Standards Act or its implementing regulations prohibits the School from compelling the use of accrued compensatory time.

Christensen v. Harris County, 529 US 576 (2000)

WAGE AND HOUR RECORDS

The School shall maintain and preserve payroll or other records for nonexempt employees containing the information required by the regulations under the Fair Labor Standards Act.

29 CFR 516.2

CONTRACT EMPLOYEE SALARIES

Employees of TSBVI employed by contract shall be paid in accordance with a salary structure adopted by the Superintendent with the concurrence of the Board that provides salaries equal, on a daily rate basis, to salaries paid to employees employed in comparable positions by the Austin Independent School District.

Texas Education Code 30.024(b)(1)

PLACEMENT ON SALARY SCHEDULE

The commissioner's rules determine the experience for which a teacher, counselor or a librarian, is to be given credit in placing the teacher, counselor or librarian, on the minimum salary schedule. The School shall credit the teacher, counselor, or librarian, for each year of experience, whether or not the years are consecutive.

Education Code 21.402(a), 21.403(c), 19TAC153.1022

EMPLOYEES FORMERLY ON CAREER LADDER

A teacher or librarian who received a career ladder supplement on August 31, 1993, is entitled to at least the same gross monthly salary the teacher or librarian received for the 199495 school year as long as the teacher or librarian is employed by the same district.

Gross monthly salary includes the amount the teacher or librarian received as a career ladder supplement under Section 16.057, as that section existed January 1, 1993.

Education Code 21.402(f), 21.403(d)

In addition, a teacher or librarian who was on level two or three of the career ladder is entitled, as long as he or she is employed by the same district, to:

Level Two Educators

Placement on the minimum salary schedule at the step above the step on which the teacher would otherwise be placed, if the teacher or librarian received a career ladder supplement for level two of the career ladder on August 31, 1993; or

Level Three Educators

Placement on the minimum salary schedule at the step two steps above the step on which the teacher would otherwise be placed, if the teacher or librarian received a career ladder supplement for level three of the career ladder on August 31, 1993.

Education Code 21.403(d)

PAY INCREASES

The School shall not grant any extra compensation, fee, or allowance to a public officer, agent, servant, or contractor after service has been rendered or a contract entered into and performed in whole or in part.

Tex. Const. Art. III, Sec. 53 

Salary Advances And Loans

The School shall not lend its credit or gratuitously grant public money or things of value in aid of any individual, association, or corporation.

Tex. Const. Art. III, Sec. 52; Brazoria County v. Perry, 537 S.W.2d 89 (Tex. Civ. App.-Houston [1st Dist.] 1976, no writ)

FAIR LABOR STANDARDS ACT

Minimum Wage

Unless an exemption applies, a district shall pay each of its employees not less than minimum wage.  29 U.S.C. 206(a)(1)

Unless an exemption applies, a district shall pay an employee not less than one and one-half times the employees regular rate of pay for all hours in excess of forty in any workweek.  29 U.S.C. 207(a)(1); 29 CFR part 778

Compensatory Time

Accrual

Nonexempt employees may receive, in lieu of overtime compensation, compensatory time off at a rate of not less than one and one-half hours for each hour of overtime work, pursuant to an agreement or understanding arrived at between the employer and employee before the performance of the work.  Such agreement or understanding may be informal, such as when an employee works overtime knowing that the employer rewards overtime with compensatory time.

An employee may accrue not more than 240 hours of compensatory time.  If the employees overtime work included a public safety activity, an emergency response activity, or a seasonal activity, the employee may accrue not more than 480 hours of compensatory time.  After the employee has reached these limits, the employee shall be paid overtime compensation for additional overtime work.

Payment for accrued time

Compensation paid to an employee for accrued compensatory time shall be paid at the regular rate earned by the employee at the time of payment.  An employee who has accrued compensatory time off shall be paid for any unused compensatory time upon separation from employment at the rates set forth at 29 U.S.C. 207(o)(4).

Use

An employee who has requested the use of compensatory time shall be permitted to use such time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the School. 

The Fair Labor Standards Act does not prohibit the School from compelling the use of accrued compensatory time.

29 U.S.C. 207(o); Christensen v. Harris County, 529 U.S. 576 (2000); Houston Police Officers Union v. City of Houston, 330 F.3d 298 (5th Cir. 2003)

Exempt Employees

The minimum wage and overtime provisions do not apply to any employee employed in a bona fide executive, administrative, or professional capacity, including academic administrative personnel or teachers in elementary or secondary schools.  29 U.S.C. 213(a)(1)

Salary basis

To qualify as an exempt executive, administrative, or professional employee, the employee must be compensated on a salary basis.  Subject to the exceptions listed in the rule, an employee must receive the full salary for any week in which the employee performs any work, without regard to the number of days or hours worked.  A district that makes improper deductions from salary shall lose the exemption if the facts demonstrate that the district did not intend to pay employees on a salary basis.

Safe Harbor Policy

The School shall have a clearly communicated policy that prohibits improper pay deductions and includes a complaint mechanism, reimburses employees for any improper deductions, and makes a good faith commitment to comply in the future.  Because the School has a clearly communicate policy,  the School will not lose the deduction unless the School willfully violates the policy by continuing to make improper deductions after receiving employee complaints.

The best evidence of a clearly communicated policy is a written policy that was distributed to employees before the improper pay deductions by, for example, providing a copy of the policy to employees upon hire, publishing the policy in an employee handbook, or publishing the policy on a districts intranet.

29 CFR 541.600, .602(a), 603

Wage And Hour Records

The School shall maintain and preserve payroll or other records for nonexempt employees containing the information required by the regulations under the Fair Labor Standards Act.  29 CFR 516.2

Adopted:          3/7/80
Amended:        7/12/85, 10/25/85, 5/30/86, 1/23/87, 1/26/90, 3/22/91, 3/25/94, 11/17/95, 11/6/98, 5/31/01, 1/30/04, 4/1/05, 1/27/06, 6/4/08
Reviewed:        1/31/03