BJC(LEGAL) - SUPERINTENDENT: CONTRACT

Term of Contract

A board may employ by contract a superintendent for a term not to exceed five years. Education Code 11.201(b)

Property Interest

A contract of employment with a district creates a property interest in the position only for the period of time stated in the contract. Such a contract creates no property interest of any kind beyond the period of time stated in the contract. Perry v. Sindermann, 408 U.S. 593 (1972); Board of Regents of State Colleges v. Roth, 408 U.S. 564 (1972)

Financial Exigency

On the basis of a financial exigency declared under Education Code 44.011 [see CEA] that requires a reduction in personnel, the board may choose to amend the terms of the contract of a superintendent employed under a term contract. A superintendent whose contract is amended under this provision may resign without penalty by providing reasonable notice to the board and may continue employment for that notice period under the prior contract. Education Code 21.212(f)

Denver City ISD

BJC(LEGAL)-P

UPDATE 111

DATE ISSUED: 7/10/2018