School Law: “Chapter 21” Teaching Contracts
Texas Teaching Contracts
In Texas, there are three documented types of teacher contracts. The contracts include probationary contract, term contract and continuing contract (Walsh, Kemerer & Maniotis, 2010). All the three contracts have their specific requirements and the kind of teachers who can qualify for each contract. A board of trustees can decide when and under what conditions they can terminate a teacher’s certain contract and when and how they can non-renew a teacher’s contract (TCTA, 2013). A school board is responsible for approving employment of certified teachers.
Probationary Contract
This kind of contract is governed by Chapter 21 of the Education Code. The people who may qualify to be awarded this contract include principals, counselors, supervisors, nurses, teachers and other full time employees who hold educator certifications (Walsh, Kemerer & Maniotis, 2010). Brand new teachers, a teacher who was in a district and is returning after two year absence and a teacher who is new to a district are all eligible for probationary contracts. The length of a probationary contract lasts up to three years. However, for educators who move into a district after being in the public education sector for more than five of the preceding eight years, their contracts only lasts a year (Walsh, Kemerer & Maniotis, 2010).
A probationary contract can be terminated by a board of trustees if the teacher in question started the contract midyear (TCTA, 2013). In this case, the contract can be terminated at the end of the district year although this scenario usually leads to legal disputes. A probationary contract can also be terminated if it comes to an end of its duration. However, a proper notice of termination must be given to the teacher prior to the termination. At the end of such a contract, the reasons for the termination or hearings are not required. And if a school is dissatisfied with a teacher’s probationary contract, it can terminate the contract by serving the teacher with a formal notice (Walsh, Kemerer & Maniotis, 2010).
A board of trustees may decide not to renew a probationary contract if a teacher’s current probationary term comes to an end or if the teacher does not meet the required standards. A probationary contract can also be non-renewed if a teacher resigns before their probationary contract is over.
Term Contract
After a probationary contract, a teacher is entitled to either a term contract or a continuing contract (Walsh, Kemerer & Maniotis, 2010). This will depend on the decision by a school’s board of trustees. A term contract can be defined as a non-probationary contract with a fixed term which can be up to five years. In a term contract, a principal, nurse, superintendent, counselor, supervisor, classroom teacher and any other person who holds an educator certification is eligible (Walsh, Kemerer & Maniotis, 2010).
A term contract can be terminated only for a good cause and not political, personal or malicious reasons. A teacher in this kind of contract is subject for termination before the expiration of the contract span by a district (TCTA, 2013). In case of a dismissal, a teacher is usually dismissed without pay but can seek legal options. Such a good cause can be a financial pinch which will require the board of trustees to cut on its staff number. However such a termination must be communicated in a prior notice (Walsh, Kemerer & Maniotis, 2010). The teacher whose contract has been terminated has a legal advantage to file a complaint before an independent hearing officer.
An automatic renewal happens in this kind of contract if a board of trustees fails to vote for a non-renewal. A proper notice is supposed to be issued for a non-renewal. This is supposed to be communicated ten days before the last instructional day as compared to the 45-day initial period. A reason for non-renewal must be a good one and it should be included in a district’s policies which define reasons for non-renewal (Walsh, Kemerer & Maniotis, 2010). The end of a contract life can also lead to non-renewal if a school’s board of trustees decides to non-renew the contract.
Continuing Contract
A teacher can be awarded a continuing contract after the expiry of a probationary contract. Contract terms are spelled out to teachers prior to being awarded this contract. Teachers in this type of contract have an advantage as this contract automatically renews itself year in year out (Walsh, Kemerer & Maniotis, 2010). The state law authorizes this type of contract to any person who is a professional educator. The people who get a continuing contract are the ones who were ineligible before for this kind of contract. They include nurses, superintendents, supervisors, principals and counselors.
Once a teacher gets into this kind of contract, it runs until one resigns, retires, is terminated or is rolled back into a probationary state (TCTA, 2013). This contract type does not have a contract limit in terms of years. Non-renewal is not present in this contract type as it renews itself automatically.
A termination of this contract type can occur if a board of trustees feels a justifiable need to cut on its staff number (TCTA, 2013). However, the action must follow the legal steps laid down so as to reduce the chances of legal battles. A continued contract, just like any other contract must be in writing so as to avoid controversies and act as reference points. In Texas, as it has been noted, only a small number of schools of this type of contract to its employees.
References
Texas Classroom Teachers Association. (2013, July 15). Contracts. Retrieved from:
https://tcta.org/node/11520-contracts
Walsh, J., Kemerer, F. R., & Maniotis, L. (2010). The educator’s guide to Texas school law. U of
Texas Press.
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