DFAB(LEGAL) - PROBATIONARY CONTRACTS: TERMINATION AT END OF YEAR

Grounds for Termination

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.

Notice

The Board shall give the employee notice of its decision to terminate the employment not later than the tenth day before the last day of instruction required under the contract.

The notice must be delivered personally by hand delivery on the campus at which the employee is employed. If the employee is not present on the campus on the date that hand delivery is attempted, the notice must be mailed by prepaid certified mail or delivered by express delivery service to the employee's address of record with the District. Notice that is postmarked on or before the tenth day before the last day of instruction is considered timely for these purposes.

No Appeal

The Board's decision to terminate a probationary contract at the end of a contract period is final and may not be appealed.

Education Code 21.103(a)

Failure to Notify

If the Board fails to give notice of its decision to terminate a probationary contract within the time prescribed, the Board must employ the employee for the following school year in the same capacity under:

A probationary contract, if the person has been employed under a probationary contract for less than three consecutive school years; or

A continuing or term contract, according to District policy, if the person has been employed under a probationary contract for three consecutive school years.

Education Code 21.103(b)

Sabine Pass ISD

DFAB(LEGAL)-P

UPDATE 91

DATE ISSUED: 9/21/2011