Harlingen CISD
031903

TERM CONTRACTS:
NONRENEWAL




DFBB
(LEGAL)

 


 

 

 

EVALUATIONS

Before making a decision not to renew a term contract, the Board shall consider the most recent evaluations if the evaluations are relevant to the reason for the Board's action. Education Code 21.203(a) [See DNA]

REASONS

The Board shall establish by policy reasons for nonrenewal at the end of a school year. Education Code 21.203(b)

NOTICE

Not later than the 45th day before the last day of instruction in a school year, the Board shall notify in writing each term contract employee whose contract is about to expire of its proposal to renew or not renew the contract.

The Board's failure to give 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.

Education Code 21.201, 21.206

REQUEST FOR HEARING

If the employee desires a hearing after receiving notice of the proposed nonrenewal, the employee shall notify the Board in writing not later than the 15th day after receiving the notice of proposed action. The Board shall provide for a hearing to be held within 15 days after receiving written notice from the employee requesting a hearing unless the parties agree in writing to a different date. Such hearing shall be closed unless an open hearing is requested by the employee and shall be conducted in accordance with rules promulgated by the District.

BOARD HEARING

If the employee requests a hearing, the Board shall hold a hearing at which the employee may:

  1. Be represented by a representative of the employee's choice;
  1. Hear the evidence supporting the reason for nonrenewal;
  1. Cross-examine adverse witnesses; and
  1. Present evidence.

Education Code 21.207

BOARD DECISION

To evaluate the evidence put before it, the Board shall use the preponderance of the evidence standard of review. Whitaker v. Marshall ISD, Comm. Ed. Dec. No. 112-R1-598 (1998)

Following the hearing, the Board shall take the appropriate action and notify the employee in writing of that action within 15 days following the conclusion of the hearing.

NO HEARING

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.

Education Code 21.208

APPEALS

An employee aggrieved by a decision of the Board to nonrenew a term contract may appeal to the Commissioner for a review of the Board's decision. Education Code 21.209

 


 

DATE ISSUED: 12/16/2003
UPDATE 72
DFBB(LEGAL)-A