TASPA Fall Support Staff Conference September 17, 2012

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1 TASPA Fall Support Staff Conference September 17, 2012

2 Probationary, Term and Continuing Contracts are governed by the Texas Education Code (TEC), Chapter 21. Board policies are found in Section D, Personnel, of the TASB Policy Manual. The LEGAL policies summarize the TEC, and LOCAL policies are specific to each school district.

3 Probationary Contract Term Contract Continuing Contract Other Contracts

4 The District shall employ each classroom teacher, principal, librarian, nurse, or counselor under a probationary contract, a term contract, or a term contract. The District is not required to employ a person other than these listed employees under a probationary, continuing, or term contract A contract must be for a minimum of 10 months or service. An educator employed under a 10-month contract must provide a minimum of 187 days of services.

5 Issued when the person is employed by the District for the first time or if the person has not been employed by the District for 2 consecutive school years (subsequent to ). Principal Supervisor Classroom teacher Counselor Other full-time professional employee who is required to hold a certificate issued under TEC Chapter 21, Subchapter B.

6 A probationary contract may not be for a term exceeding one school year. It may be renewed for 2 additional one-year periods, for a maximum of 3 school years. Exceptions: May not exceed one year for a person who has been employed as a teacher in public education for at least 5 of the 8 years preceding employment by the District. 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 continuing or term contract should be issued.

7 Any probationary contract employee may be discharged at any time for good cause as determined by the Board. Good cause is the failure to meet the accepted standards of conduct for the profession as generally recognized and applied in similarly situated school districts in the state. The District may, for good cause, suspend an employee without pay in lieu of discharge or pending discharge. Suspension may not extend beyond the end of the current school year.

8 The Board may terminate a probationary contract at the end of the contract period if in the Board s judgment such termination will serve the best interests of the District. The Board shall give notice of its decision to terminate not later than the 10 th day before the last day of instruction. If Board fails to give notice within the time prescribed, the Board must employ the employee for the following school year in the same capacity.

9 Before issuing a term contract, the employee must be employed under a probationary contract. Exception: The District 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 District for the first time or whether a probationary contract would otherwise be required under TEC Section

10 Once the probationary period has been completed, the duration of a term contract may not exceed 5 school years. May be a 1-year term, 2-year term, etc. not to exceed a 5-year term.

11 The Board may, for good cause, suspend an employee without pay pending discharge or in lieu of termination. The suspension may not extend beyond the end of the school year. The Board may terminate a term contract and discharge a term contract employee at any time for good cause or a financial exigency that requires a reduction in personnel. 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 any explanation of the District s evidence, set out in sufficient detail to fairly enable the employee to show any error that may exist. The employee may be suspended with pay pending the outcome of the dismissal hearing

12 The Board may terminate a term contract for a financial exigency that requires a reduction in personnel. The Board shall establish, by policy, reasons for nonrenewal of a term contract at the end of the year. Not later than the 10 th day before the last day of instruction in a school year, the Board shall notify in writing each employee whose contract is about to expire whether the Board proposes to renew or not renew the contract. The Board s failure to give timely notice of a proposed renewal or nonrenewal constitutes an election to employ the term contract employee in the same professional capacity for the following school year.

13 A school district that employs a teacher under a probationary contract for the third or, if permitted, fourth consecutive year of service and that elects to employ the teacher in future years under a continuing contract shall notify the teacher in writing of the teacher's election to continuing contract status. The teacher must, not later than the 30th day after the date of notification, file with the superintendent of the school district written notification of the teacher's acceptance of the continuing contract, beginning with the school year following the conclusion of the teacher's period of probationary contract employment.

14 Each employee with whom a continuing contract has been made shall be entitled to continue in the employee's position or a position with the school district for future school years without the necessity for annual nomination or reappointment until the person: resigns; retires under the Teacher Retirement System of Texas; is released from employment by the school district at the end of a school year because of necessary reduction of personnel; is discharged for good cause as defined by TEC Section and in accordance with the procedures provided; is discharged for a reason stated in the teacher's contract that existed on or before September 1, 1995, and in accordance with the procedures provided; or is returned to probationary status, as authorized by TEC Section

15 An employee employed under a continuing contract may be discharged at any time for good cause as determined by the Board. For good cause, the District may suspend an employee without pay and for a period not to extend beyond the end of the current school year in lieu of discharge or pending dismissal. Continuing contract employees may be released from employment by the District at the end of the school year because of a necessary reduction in personnel. Before an employee under a continuing contract is discharged, suspended without pay in lieu of discharge, or released because of a necessary reduction in personnel, the employee shall be notified in writing by the Board of the proposed action and the grounds for the action.

16 Not later than the 45 th day before the first day of instruction of the following school year, an educator employed under a probationary, term or continuing contract may resign the position and leave the District at the end of the school year without penalty by filing a written resignation with the Board or Board s designee. The educator may resign, with the consent of the Board or Board s designee, at any other time.

17 The contracts listed below may be issued to employees who are not required to hold a contract in accordance with Chapter 21 of the Texas Education Code. Contract titles vary from district to district. Non-Chapter 21 Contract Non-Educator Contract Non-Administrative Contract

18 A Letter of Reasonable Assurance is not a contract. It may be issued if a new Non-Chapter 21 contract is not issued prior to the last working day of the current contract and the employee is reasonably expected to report to work at the beginning of the following academic term. It may be issued to At-Will employees in positions normally requiring less than 12 months of service annually and who are expected to report to work at the beginning of the following school session.

19 John Arellano, HR Director, Harlingen CISD TASPA District I Representative Sheri Blankenship, Assistant Superintendent for HR, Hereford ISD TASPA Immediate Past-President Dr. Tim Rocka, Deputy Superintendent, Bryan ISD TASPA President-Elect Willie Watson, Executive Director of HR, Manor ISD TASPA District III Representative

20 Texas Association of School Personnel Administrators 406 E. 11 th Street, Suite 320 Austin, Texas Phone: Website: Melva V. Cardenas, Executive Director Annabel Pena, Program Director Jonathan Koosmann, Finance Manager