Harlingen CISD
031903

TERM CONTRACTS:
SUSPENSION/TERMINATION DURING CONTRACT




DFBA
(LEGAL)

 


 

 

 

SUSPENSION WITHOUT PAY

The Board may, for good cause as determined by the Board, suspend an employee without pay:

  1. Pending discharge, or
  1. In lieu of termination.

The suspension may not extend beyond the end of the school year.

Education Code 21.211(b)

BACK-PAY

If no discharge occurs subsequent to a suspension without pay pending discharge, the term contract employee is entitled to back pay for the period of suspension. Education Code 21.211(c)

GROUNDS FOR DISMISSAL

The Board may terminate a term contract and discharge a term contract employee at any time for:

  1. Good cause as determined by the Board; or
  1. A financial exigency that requires a reduction in personnel.

Education Code 21.211(a)

NOTICE

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 an explanation of the District's evidence, set out in sufficient detail to fairly enable the employee to show any error that may exist. Cleveland Bd. of Educ. v. Loudermill, 105 S.Ct. 1487 (1985)

HEARING

If a term contract employee desires a hearing before an independent hearing examiner, the employee must file a written request with the Commissioner not later than the 15th day after the date the employee receives notice of the proposed termination or suspension without pay. The term contract employee must provide the District with a copy of the request and must provide the Commissioner with a copy of the notice.

The parties may agree in writing to extend by not more than ten days the deadline for requesting a hearing.

Education Code 21.251, 21.253 [See DFD]

SUSPENSION WITH PAY

The employee may be suspended with pay pending the outcome of the dismissal hearing. Moore v. Knowles, 482 F.2d 1069 (5th Cir. 1973)

____________________________________________________

Note: See DF regarding circumstances in which a certified employee's dismissal must be reported to the State Board for Educator Certification (SBEC).

____________________________________________________

 


 

DATE ISSUED: 04/01/2005
UPDATE 72
DFBA(LEGAL)-P