A: It depends on whether the employee has a “Single Assignment” or “Dual Assignment” contract. If the contract is an individual assignment, the teacher or district can terminate the task at will. The employee would only be entitled to a job as a teacher and not as a coach. The district could terminate his coaching assignment and scholarship at any time or the coach could cancel his or her coaching assignment. A: No. When counting the number of years of education in the eight years preceding employment by the district, only experience in public education should be taken into account. If the employee has five years of experience in public education in the eight years immediately preceding his or her employment with the district, he or she can only have a trial contract for one full year. If the employee has less than five years of experience at the time of employment, he or she may have a three-year probationary contract. Teaching experience in a private school or in higher education would not apply.
However, the years spent teaching in an out-of-state public school should be counted. In this context, “teacher” means a principal, supervisor, class teacher, counsellor or other full-time professional who must have a SBEC certification, or a nurse (TEC § 21.102 (a)). If the employer informs the employee of a probationary period, they should know that it is not a penalty. Instead, they should emphasize that it is an opportunity for the employee to learn new skills and improve their career prospects in the company. A: If a position does not require a Chapter 21 contract (see the first questions and answers above for more details on eligible individuals), the District is not required to award a Chapter 21 contract to employees in that position. Chapter 21 contracts contain legal procedures that make termination of employment costly and time-consuming. TASB Legal Services recommends that the District revise its policies so that employees in positions that do not require certification receive another non-Chapter 21 contract that does not include these legal safeguards. To this end, TASB Legal Services has developed a sample non-Chapter 21 contract, which is available in the HR Library. An ongoing contract is as close to K-12 as we are in Texas. A contract of indefinite duration does not expire until the employee has resigned, retired or been legally dismissed. A contract of indefinite duration has no end, so that a dismissal of the employee would take place during the duration of the contract.
As a general rule, when a contract is terminated, the employee is entitled to a fair and impartial hearing before an independent hearing auditor. We call this type of hearing a “Subchapter F” hearing and refer to Chapter 21, Subchapter F of the Texas Code of Education. Only a small percentage of Texas school districts offer ongoing contracts to teachers. If the employment contract allows it, the trial periods may be extended after verification of the employee`s performance and suitability. It may sometimes be necessary to extend a probationary period so that managers can fully assess the performance of new employees – for example, if they were absent during the initial period due to illness or maternity leave. The clause should explicitly allow for an extension of the probationary period, and any extension should be made in writing, indicating why it was not possible to assess the employee during the initial period, describing the problems that the employee needs to address, and indicating a revised end date. At the end of a probationary contract period, when the board determines that the best interests of the district are served by termination of employment, probationary periods are primarily used to verify whether new employees are suitable for the business and allow employers and employees to “dip their toes in water” at the beginning of an employment relationship. In addition to providing a useful framework for both parties to decide on a longer-term commitment, the most practical application of a trial period is to reduce the company`s usual notice period (usually one month) to the legal minimum (one week for new employees). Probationary periods usually last three months, although they may be shorter – and they can also be extended. If you need help with a 3-month probationary employment contract, you can publish your legal needs on the UpCounsel marketplace. UpCounsel only accepts the top 5% of lawyers on its website. UpCounsel`s lawyers come from law schools such as Harvard Law and Yale Law and have an average of 14 years of legal experience, including working with or on behalf of companies such as Google, Menlo Ventures and Airbnb.
If the employee has a double secondment contract stipulating that he/she is a “teacher/class coach” or similar, the employee has the right to be hired or at least paid for the remainder of his/her contract as a teacher and coach. Although the district could abolish his coaching duties, the district would still be required to compensate him for coaching duties for the duration of his contract. A: Termination of a contract during the school year due to the employee`s failure to obtain or renew certification does not require due process under Chapter 21 and cannot be challenged before the Commissioner. However, the board of directors must take formal steps to cancel the contract. Although a Chapter 21 hearing is not required, the employee has the right to notify, the opportunity to submit their arguments to the board, and a decision by the board on any of the following steps they can take: A teacher can challenge the termination of a probation contract at the end of the probation period by filing a complaint if the county has not followed due process (as stated in the state). or the district`s own policy), or the dismissal was for an unreasonable reason. For example, if the employee has been placed on probation even though he violates his employment contract, he could have a lawsuit against the employer. If the trial period was not managed as described in the employee`s official manual, the employee could have a valid legal claim.
The vast majority of Texas school districts offer fixed-term contracts. A fixed-term contract has a certain duration, usually one or two years. If a teacher is offered for dismissal during the term of the contract, the employee is entitled to the same type of procedure in subchapter F as the subsequent contract teacher. If a semester contract teacher is proposed for non-renewal at the end of the contract term, he or she is entitled to written notice from the school district board of directors of the proposed non-renewal at least 10 days before the last day of class. If the board does not make this notification in time, the teacher`s contract is automatically extended for the following school year. After receiving the notification, the semester contract teacher has 15 days to request a non-renewal hearing. Once the performance appraisal has been completed and a decision has been made to retain the employee, the employee should receive written confirmation that he or she has exceeded his or her performance period. .