18 | HR Connection
Ending the Employment Relationship
Leandra Ortiz, Associate Attorney
I
t’s that time of year! Time to review and consider renewing and possibly ending the employment relationship. The process for terminating an employee relationship depends on the type of contract that an employee possesses. School District employees are generally employed under two main types of contracts: Probationary or Chapter 21 Term Contracts. Each of these offer its own set of protections to an employee and place different restrictions on the School District employer. When considering termination or non-renewal, employers should first look to the type of contract.
When considering termination or nonrenewal, employers should first look to the type of contract.
PROBATIONARY CONTRACT The Board may terminate a probationary contract at the end of the contract period if in the Board’s judgment such termination will serve the best interests of the District. The process for terminating an employee who is on a probationary contract at the end of the year is generally initiated by the campus principal. The Superintendent then recommends the termination of an employee’s probationary contract to the school board at a properly posted and recognized board meeting. The Board must then take action on the recommendation the Board and should consider stating the reason for termination as the “best interests of the district”. This board action needs to take place with enough time to properly act on the recommendation and to give notice of its action to the employee by the statutory deadline; which requires that an employee be given written notice
of the termination of their probationary contract not later than the tenth day before the last day of instruction. If the Board fails to give notice of its decision terminate a probationary • Esiminttoevenis doles audaeped que contract the sim timefaceperibus prescribed, the desentwithin volentibus Board must employ the employee for olupti berferis dolupti onserru the• Vfollowing school year in theptintest same labo. Nam ipsam, occis aditinu llaccum capacity under a probationary contract nonsequatur (if the person has been employed under a probationary contract for less than • Quis intio. Et as nisquossi dem que three consecutive school years) or a conserrum cus, con eum laut continuing or term contract (if the person has employedmagnis under nesequi a probationary • Rbeen estio eostiatibus contract for three volorerum facererconsecutive umquia atiatschool doluptia years. The should also cones autnotification esciunt ommolorporem aut quia sequaepel molorwith sim a copy of provide the educator Board policy DFAB (Legal). The • Volupta epudam sitatem quisquosam employee may contest the action using eaqui quias aliquamet quatem que cus the Board’s local policy, DGBA (Legal and Local) although the Board’s decision • It est, optus. Ducitat quae oditem to terminate a probationary contract at sincimet moloria aligeni aturis dendi theoccatis end ofimolore the contract is final and dolorroperiod eost auditas is not appealable under the provisions of perferspid ea amus rectis adi Chapter 21 of the Texas Education Code.
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