DFD(LEGAL) -

Applicability

Terminate a continuing contract at any time, except as provided below;

Terminate a probationary or term contract before the end of the contract period, except as provided below; or

Suspend without pay.

Exception

Terminate a probationary contract at the end of the contract term;

Not renew a term contract, unless the Board has adopted this process for nonrenewals; or

Terminate a probationary or term contract before the end of the contract period or terminate a continuing contract at any time, based on a financial exigency declared under Education Code 44.011 [see CEA] that requires a reduction in personnel, unless the Board has decided to use this hearing process.

Education Code 21.251

Request for Hearing

Assignment of Hearing Examiner by Agreement

By Appointment

Rejection

Finality of Decision

Education Code 21.254

Powers of Hearing Examiner

Conduct of Hearing

Education Code 21.255

Schedule Restriction

Private

Exception

Protection of Witnesses

Employee Rights

Be represented by a representative of the employee's choice;

Hear the evidence on which the charges are based;

Cross-examine each adverse witness; and

Present evidence.

Evidence

Burden of Proof

Education Code 21.256

Costs

Recommendation

Waiver of Deadline

Education Code 21.257

Consideration

Oral Argument and Recording

Legal Advice

Education Code 21.258, .260

Decision

Only after reviewing the record of the proceedings; and

Only if the finding of fact is not supported by substantial evidence.

Education Code 21.257, .259

Recording

Record of Proceedings

The transcripts of proceedings at the local level;

All evidence admitted;

All offers of proof;

All written pleadings, motions, and intermediate rulings;

A description of matters officially noticed;

If applicable, the recommendation of the independent hearing examiner;

The transcript of the oral argument before the Board or Board subcommittee;

The decision of the Board or Board subcommittee; and

If applicable, the Board or Board subcommittee's written reasons for changing the recommendation of the independent hearing examiner.

19 TAC 157.1072(e)

Lumberton ISD

DFD(H)-P

UPDATE 91

DATE ISSUED: 10/7/2011