DF - TERMINATION OF CONTRACT

WITHHOLDING INFORMATION

An attempt by any School employee to encourage or coerce a child to withhold information from the child’s parent is grounds for discharge or suspension under Education Code 21.104 (probationary contracts) and 21.211 (term contracts).

Education Code 26.008(b)

DISCHARGE OF CONVICTED EMPLOYEES

The School shall discharge an employee if the School obtains information through a criminal history record information (CHRI) review that:

  1. The employee has been convicted of:
    1. A felony under Penal Code Title 5;
    2. An offense requiring registration as a sex offender under Code of Criminal Procedure Chapter 62; or
    3. An offense under the laws of another state or federal law that is equivalent to an offense under paragraphs a or b; and
  2. At the time the offense occurred, the victim of the offense was under 18 years of age or was enrolled in a public school.

Exception

However, the School is not required to discharge an employee if the person committed an offense under Title 5, Penal Code, and:

  1. The date of the offense is more than 30 years before June 15, 2007; and
  2. The employee satisfied all terms of the court order entered on conviction.

Certification to SBEC

Each school year, the Superintendent shall certify to the Commissioner that the School has complied with the above provisions. 

Sanctions

The State Board for Educator Certification (SBEC) may impose a sanction on an educator who does not discharge an employee if the educator knows or should have known, through a criminal history record information review, that the employee has been convicted of an offense described above.

Optional Termination

The School may discharge an employee if the School obtains information of the employee’s conviction of a felony or of a misdemeanor involving moral turpitude that the employee did not disclose to SBEC or the School.  An employee so discharged is considered to have been discharged for misconduct for purposes of Labor Code 207.044 (unemployment compensation). 

Education Code 22.085 

CERTAIN OFFENSES AGAINST CHILDREN

If the School receives notice under Education Code 21.058(b) of the revocation of a certificate issued under Chapter 21, Subchapter B, the School shall:

  1. Immediately remove the person whose certificate has been revoked from campus to prevent the person from having any contact with a student; and
  2. As soon as practicable, terminate the employment of the person in accordance with the person’s contract and with Education Code Chapter 21, Subchapter B.

These removal and termination requirements apply only to a conviction of a felony under Penal Code Title 5 or an offense for which the person must register as a sex offender, and only if the victim of the offense is under 18 years of age.

Education Code 21.058

 FAILURE OF CERTIFICATION

A School employee’s probationary or term contract under Education Code Chapter 21 is void if the employee:

  1. Does not hold a certificate or permit issued by SBEC; or
  2. Fails to fulfill the requirements necessary to extend the employee’s temporary or emergency certificate or permit.

School’s Options

After an employee receives notice that the employee’s contract is void the School may:

  1. Terminate the employee;
  2. Suspend the employee with or without pay; or
  3. Retain the employee for the remainder of the school year on an at-will employment basis in a position other than classroom teacher at the employee’s existing rate of pay or at a reduced rate.

An employee whose contract is void is not entitled to the minimum salary prescribed by Education Code 21.402.

No Appeal Or Chapter 21 Hearing

The School’s decision under Education Code 21.0031(b) is not subject to appeal under Education Code Chapter 21, and the notice and hearing requirements of this chapter do not apply to the decision.

Applicability

These void contract provisions do not affect the rights and remedies of a party in an at-will employment relationship and do not apply to a certified teacher assigned to teach a subject for which the teacher is not certified.

Education Code 21.0031; Nunez v. Simms, 341 F.3d 385 (5th Cir. 2003)

REPORT TO SBEC

In addition to the reporting requirement under Family Code 261.101, the Superintendent shall promptly notify SBEC if the Superintendent has reasonable cause to believe that:

Criminal Record

  1. An educator employed by or seeking employment by the School has a criminal record;

Assessment Instrument

  1. The educator engaged in conduct that violated the assessment instrument security procedures established under Education Code 39.0301; or

Resignation

  1. The educator resigned and reasonable evidence supports a recommendation by the Superintendent to terminate the educator based on a determination that the educator engaged in misconduct described in 4(a)–(e), below;

Termination

  1. An educator’s employment at the School was terminated based on a determination that the educator:
    1. Abused or otherwise committed an unlawful act with a student or minor;
    2. Possessed, transferred, sold, or distributed a controlled substance, as defined by Health and Safety Code Chapter 481 or by 21 U.S.C. Section 801 et seq.;
    3. Illegally transferred, appropriated, or expended funds or other property of the School;
    4. Attempted by fraudulent or unauthorized means to obtain or alter a professional certificate or license for the purpose of promotion or additional compensation; or
    5. Committed a criminal offense or any part of a criminal offense on school property or at a school-sponsored event.

“Abuse” has the meaning assigned by Family Code 261.001 and includes any sexual conduct involving an educator and a student or minor.

Reports

The Superintendent must file a report with SBEC within seven calendar days after first learning about an alleged incident of misconduct described in items 1–3, above.  The report must be in writing and in a form prescribed by SBEC.

If the Superintendent is required to file a report, but fails to timely do so, the Superintendent is subject to sanctions.

The Superintendent shall notify the Board of Trustees and the educator of the filing of the report.

Immunity

If the Superintendent in good faith and while acting in an official capacity files a report with SBEC, the Superintendent is immune from civil or criminal liability that might otherwise be incurred or imposed.

Education Code 21.006; 19 TAC 249.14
 
Education Code 21.0031; Nunez v. Simms, 341 F.3D 385 (5th Cir. 2003)

Adopted:          3/7/80
Amended:        1/26/90, 9/27/91, 5/26/94, 11/17/95, 5/31/01, 4/1/05, 6/4/08
Reviewed:        1/26/99

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