Texas Public School Employee Contracts
Your contract is the single most important determiner of your rights within your employment. It is critically important to know what your contract says as it governs and defines what you can expect or demand from your district and what your district can expect or demand from you.
You are entitled to a
contract if you are employed as a:
• Classroom teacher
• Counselor
• Principal
• Librarian
• Nurse
• Full-time professional employee who is required by the state or the school district to hold
a certificate from the State Board for Educator
Certification. (All other employees are entitled to
contracts only at the discretion of local districts.)
Types of contracts:
• Probationary
• Term
• Continuing
Probationary contracts
- Must be given during the first year of employment in public education.
- Cannot last more than one year for a person who has been
employed as a teacher in public education for at least
five of the eight years immediately preceding employment
in the district, or for a person who previously worked in a district for at least two consecutive
school years and is returning to the district after a break in service. Otherwise, probationary
contracts may last up to four years under certain circumstances.
- Can be terminated at the end of the contract period by
giving the teacher notice of termination at least 45 days
before the last day of instruction. (No reasons or hearing
are required for termination at the end of probationary
contracts.)
- Give teachers all the same rights and responsibilities
as nonprobationary contracts, with the exception of due
process at the end of the contract period.
 Basic information that can be helpful if you are asked to return to a probationary contract.
Term contracts
- Run for a specified length of time that can be no
more than five years.
- Are automatically renewed unless the school board votes to "nonrenew" the contract.
- Require that teachers be given notice of renewal or nonrenewal of the contract at least 45 days before the
last day of instruction; if teachers do not receive
notice, the contract is considered to be renewed for the
following year.
- Can be nonrenewed at the end of the contract term for
“sufficient cause.” Districts must have policies in place
that state the reasons that constitute sufficient cause
for nonrenewal. Almost any reason can be sufficient as
long as districts include it in their policies so teachers
have advance notice of district expectations.
- Entitle teachers to a hearing and the opportunity to
present evidence prior to a final decision regarding nonrenewal.
- May be terminated during the school year only for
good cause,
or the teacher may be suspended without pay only for good
cause. (The teacher is entitled to a hearing in either
situation.)
Continuing contracts
- Continue in effect from year to year until the
teacher resigns, retires, is released from employment or
is returned to probationary status by the district for
good cause
(the failure to meet the accepted standards of conduct for
the profession as generally recognized and applied in
similarly situated
school districts in Texas).
- Can be terminated only with proof of good cause.
- Entitle teachers to a hearing prior to a final decision
regarding termination, if the teacher requests the hearing
within 10 days of receiving notice of the proposed
termination.
FAQ
What are my rights regarding my assignments?
- Read your
contract carefully to determine which duties are specifically included.
- Supplemental duties, such as coaching, may not be specified. If they are included, your district might have to provide you with due process before
taking the compensation for the duty away. If
these supplemental duties are not included in your contract, and
you do not have a separate contract for these duties, then you may have neither
a right nor an obligation to continue in these duties, and they may be
terminated or you may resign from them at any time.
- Most contracts give districts the leeway to assign additional duties, including lunch or bus duty,
ticket-taking at athletic events, or attendance at parent-teacher meetings. As long as the additional
duties are within the general expectations of what may be expected of an educator and fall within the time period covered by the contract, they are probably valid assignments.
- Specific work assignments are usually not protected by contract. If your
contract says that you are employed as a "teacher," you do not have a
contractual right to a specific teaching assignment; your district may assign
you to any teaching position for which you are certified. But if your contract
has a more narrow description of your employment position, your district may be more restricted in the reassignments
that it can make. (Also see
Reassignments.)
How do I resign from my
contract?
When you signed your
contract, you agreed to work in your district for the entire school year. If you
ask to be released from your contract during the school year and your request is
denied, you must continue to work or risk a suspension of your certificate for
contract abandonment. However, if you wish
to resign for the next school year, you must simply notify your district in
writing no later than 45 days before the first day of instruction of the
following school year. The local school board must approve resignations after
that date or any requests to resign during the school year.
What is a contract release?
If it is past the 45-day resignation deadline, then you must ask the district to release you. If the
district refuses to do so and you leave anyway, the district may submit a complaint to the State
Board for Educator Certification (SBEC). The common sanction for “contract abandonment” is a one-year
suspension of teaching credentials, but milder sanctions are sometimes given, depending on the individual
situation. SBEC does take mitigating circumstances into consideration. It is
important to be able to show that:
(1) You were compelled to leave, such as in cases of serious health or family circumstances. (A better job
is not good cause.)
(2) You gave the district as much notice as you could.
(3) You did what you could to find and/or assist your replacement.
Will my contract be the same each year?
The district can legally change many of your contract’s terms each time you are required to sign a new one,
but some terms cannot be changed without your agreement. (Continuing contracts do not change without the consent of the employee.) So, you must read it. Don’t assume your new contract is the same as your last one. The most important parts
to review are the employment position listed on the contract and the type of
contract—whether it is probationary, term or continuing. Contracts rarely
provide information regarding starting or ending dates, hours or even
salary. This information must be found in local policy, which is incorporated
into the contract.
How will I know what my
salary will be next year?
Your salary will likely not be listed on your contract. If it’s not, don’t
rely on administrators’ “expectations” of what your salary will be. You
aren’t guaranteed to make more money, or even the same amount of money,
until your school board sets next year’s salary schedule. However, if the
last day for unilateral resignation from your contract comes and goes, and
the district hasn’t informed you of your salary or indicated that it might
decrease next year, you can expect to make at least as much as you made last
year.
Can I be fired if I have a contract?
A contract employee may be terminated during the contract for "good cause" but the district is required to establish that good cause actually exists. This is done through a due process hearing.
Termination of employment at the end of the contract is referred to as a "nonrenewal."
Districts must give notice of the school board's decision to propose to nonrenew no later
than 45 calendar days before the last instructional day of the school year. If you haven’t heard from your
district by that date, your contract has been renewed for next year whether you’ve signed a new contract or
not.
A district is not required to prove that good cause exists to nonrenew a probationary contract, but the
district is required to establish that good cause exists to nonrenew a term contract. Again, a due process
hearing is required.
When can my contract be "voided"?
If you do not obtain or retain mandatory certification for your assignment,
your contract may be "voided" or automatically terminated without due process.
Can I be returned to a
probationary contract?
You can be returned
to a probationary contract only if you agree in writing after receiving written
notice that your district has proposed or intends to propose your termination or
nonrenewal. You must be given at least three days to consider such a proposal. If you agree to accept the probationary contract, you will serve a new
probationary period as if employed by the district for the first time. If you
do not agree to accept the probationary contract, then the district can proceed
with termination or nonrenewal.
Basic information that can be helpful if you are asked to return to a probationary contract.
___________________________
The legal information provided on this Web site is for general purposes only. It is not intended as a substitute for
individual legal advice or the provision of legal services. Accessing this information does not create an
attorney-client relationship. Individual legal situations vary greatly and readers should consult directly with an
attorney. Eligible ATPE members should contact the ATPE Member Legal Services Department using our
online system, MLSIS.
Back to top
|
