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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] |
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REASONS |
The Board shall establish by policy reasons for nonrenewal at the end of a school year. Education Code
21.203(b) |
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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 |
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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. |
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BOARD HEARING |
If the employee requests a hearing, the Board shall hold a
hearing at which the employee may:
Education Code 21.207 |
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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. |
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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 |
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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 |
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DATE ISSUED: 12/16/2003 |