19 | February 2020
CHAPTER 21 – TERM CONTRACTS
them and provides a point of reference if performance of duties later becomes an issue.
2. There are two distinct steps that must occur prior to 2. Document – It is important to document performance the termination or non-renewal of a Chapter 21 – Term deficiencies and instances of bad behavior. There are Contract at the end of the contract term. First, there must many ways to document the performance of an employee be a proposal to non-renew the contract followed by the such as directives, notes in the file, observations, memos, subsequent act of terminating or non-renewing the contract. and plans for improvement and expectations. In particular Proposing to non-renew a one-year contract involves the it is important to give honest evaluations that accurately Superintendent making a recommendation to the Board at a lay out any deficiencies in performance and to give recognized meeting where the applicable grounds for nondetails in the comments. These evaluations may provide renewal from district policy DFBB (Local) are identified. documentation that will be needed in the future and give valuable feedback to employees for how they may make The interactive process involves a series of steps requiring improvements. The Superintendent may also have to provide supporting documentation when recommending the non-renewal. The 3. Make Smart Decisions - Make smart decisions about Texas Education Code also requires that before making extending multi-year contracts or renewing probationary a decision not to renew a term contract, the Board shall and term contracts, especially when there are doubts consider the most recent evaluations if the evaluations are about employing the educator in the future. This issue is relevant to the reason for the Board’s action. The Board especially important to consider because inaction at the should take action to propose non-renewal and allow enough end of a contract term can automatically renew a contract time to give the legally required employee notice of the under a different type of contract that can be harder to non-renew later. Board’s action before the statutory deadline. The grounds for non-renewal, a copy of the local policy DFBB (Local), 4. Reporting Requirements - Make sure to report as well notice of the opportunity to request a hearing should inappropriate relationships or behaviors with students. all be included in the Notice of Proposed Non-renewal. The This is a stringent reporting requirement which may statutory deadline for both terminating an employee on a indicate after an investigation that the employee may no probationary contract at the end of the term and proposing “Faceptati omnim volupti ullorumeni rem. “Volupti ullorumeni rem. Utlonger ventur,be eligible forfaceptati omnim volupti ullorumeni rem. hire with the district. to a one-year contract, is the same. No lateriumquam, than Ut non-renew ventur, consequam iumquam, si dolorer consequam si dolorer itatur.” Ut ventur, consequam iumquam, si dolorer the tenth day ut before the last day of instruction, the employee itatur res etur omnietur.” itatur etur, ut omnietur. 5. Train – It is imperative to res train campus and other must receive notice of the board action takenHarit, and sent. this notice Ihillupta sequamadministrators quid quo ex on proper nonrenewal and termination Harit, sent. Ihillupta sequamtoquid quoIf exthe employee ex eate procedures estibus and the basics Sequam ofquid employment quo ex ex eate contract etum quisquid must be hand delivered them. is etum not quisquid ellacerum ex eate etum quisquid ellacerum estibus the notice nonsequassit utatur, ute ditrelationships. harunt es aut ellacerum estibus nonsequassit utatur, ute present when delivery is attempted, may be mailed nonsequassit utatur, dit harunt es aut mail and undandi quunte ped quo doluptiat dit harunt es aut undandi volorum quunte to their address byute certified or express mustvolorum be undandi volorum quunte ped.the tenth day beforeidthe ea volore earumqui. ped quo doluptiat ea volore earumqui. As you consider the appropriate steps toidtake during your postmarked on or before last day of review of employment contracts, it is important to be frank instruction. with the employee; the employee may be willing to resign. If reassignment is an attractive solution, it may be permitted If the employee desires a hearing after receiving notice of the by the terms of the contract or district policy. It is important proposed nonrenewal, the employee shall notify the Board to be aware that an employee who is reassigned can only in writing not later than the 15th day after 1) the date the go to another position that is within the same professional employee receives hand delivery of the notice of proposed capacity as designated in the contract. Look to the duties of nonrenewal; or 2) the date the notice is delivered to the the positions as well as their salaries and skills required to employee’s address of record with the District, if the notice determine professional capacity. is mailed by prepaid certified mail or delivered by express delivery service. These considerations make it vital to have good The Board shall then provide for a hearing to be held not later than the 15th day after receiving written notice from the employee requesting a hearing unless the parties agree in writing to a different date. If the employee fails to request a hearing, the Board shall take the appropriate action and notify the employee in writing of that action not later than the 30th day after the date the notice of proposed nonrenewal was sent. There are five issues that can be addressed to help end problematic employment relationships: 1. Set Clear Expectations – At the beginning of the school year expectations should be set out to the employee in their job descriptions. Each year the District should ensure that job descriptions are accurate and up to date, which gives notice to the employee what is expected to
communication between campus administration and district HR personnel and of course, to have good documentation in support of any decision that is ultimately made.
Leandra Ortiz is an Associate Attorney with Walsh Gallegos Treviño & Kyle , P.C. She can be reached at lortiz@wabsa.com.
