DF(LEGAL) - TERMINATION OF EMPLOYMENT

Note: For a detailed treatment of termination and nonrenewal of educator contracts, see policies DFAA and DFAB (Probationary Contracts), and DFBA and DFBB (Term Contracts).

Withholding Information

Discharge of Convicted Employees

  1. The employee has been convicted of:
    1. A felony under Penal Code Title 5;
    2. An offense requiring registration as a sex offender under Code of Criminal Procedure Chapter 62; or
    3. An offense under the laws of another state or federal law that is equivalent to an offense under paragraphs a or b; and
  2. At the time the offense occurred, the victim of the offense was under 18 years of age or was enrolled in a public school.

Exception

  1. The date of the offense is more than 30 years before June 15, 2007; and
  2. The employee satisfied all terms of the court order entered on conviction.

Certification to Commissioner

Sanctions

Termination for Failure to Disclose

Certain Offenses Against Students

Mandatory Termination

  1. Immediately remove the person whose certificate has been revoked from campus or from an administrative office, as applicable, to prevent the person from having any contact with a student; and
  2. If the person is employed under a probationary or term contract, with the approval of the board or its designee:
    1. Suspend the person without pay;
    2. Provide the person with written notice that the person's contract is void [see Notice to Employee, below]; and
    3. Terminate the employment of the person as soon as practicable.

Discretionary Termination

  1. Suspend the person without pay;
  2. Provide the person with written notice that the person's contract is void [see Notice to Employee, below]; and
  3. Terminate the employment of the person as soon as practicable.

Notice to Employee

No Appeal

Invalid or Expired Certification

  1. Does not hold a valid certificate or permit issued by SBEC;
  2. Fails to fulfill the requirements necessary to renew or extend the employee's temporary, probationary, or emergency certificate or any other certificate or permit issued under Education Code Chapter 21, Subchapter B; or
  3. Fails to comply with any requirement under Education Code Chapter 22, Subchapter C [criminal history review, see DBAA], if the failure results in suspension or revocation of the employee's certificate.
  1. The employee has completed the requirements for renewal of the certificate or permit;
  2. The employee submitted the request for renewal before the expiration date; and
  3. The date the certificate or permit would have expired is before the date SBEC takes action to approve the renewal of the certificate or permit.

District's Options

  1. Terminate the employee;
  2. Suspend the employee with or without pay; or
  3. Retain the employee for the remainder of the school year on an at-will employment basis in a position that does not require a contract under Education Code 21.002, at the employee's existing rate of pay or at a reduced rate.

Exception

  1. The employee requests an extension from SBEC to renew, extend, or otherwise validate the employee's certificate or permit; and
  2. Not later than the tenth day after the date the contract is void, the employee takes necessary measures to renew, extend, or otherwise validate the employee's certificate or permit, as determined by SBEC.

No Appeal or Chapter 21 Hearing

Applicability

Report to SBEC

Report to Superintendent

Falsification of Military Record

Cameron ISD

DF(LEGAL)-A

UPDATE 111

DATE ISSUED: 7/2/2018