Types of Contracts
The Board
True or False
Due Process, etc.
Key points
100
There is no written contract, but the employment relationship is clear.
What is at-will?
100
Principal makes verbal salary statements to a prospective employee during the interview process.
What is BOARD APPROVAL IS REQUIRED. Principals cannot bind the district into salary requirements, and the board must approve all contract terms.
100
Teachers always get due process when faced with losing their jobs.
What is FALSE? Due process comes into play only when a vested property or liberty right is at stake.
100
If a person faces the loss of any of these three items, that person is entitled to due process.
What is life, liberty, or property?
100
This type of nontraditional certification is granted by a district, not by a state agency.
What is a teaching permit? A permit is not as flexible as a certificate. There are fewer protections for permit teachers, and permits are not transferable from one district to the next.
200
This is the type of contract most teachers in Texas have.
What is a term contract?
200
In a large, urban district the superintendent has recommended someone to be hired to fill an urgent teaching vacancy. The principal agrees that this person is ideal for the job.
What is BOARD APPROVAL IS REQUIRED. (Unless the board has taken itself out of the loop…) The board must either accept or reject the superintendent's recommendation, and if it does, the superintendent must recommend someone else. The board cannot simply choose someone the superintendent has not recommended.
200
An at-will employee can be fired for no reason.
What is FALSE? At-will employees can be fired for any legally permissible reason, and "good cause" is not necessary. However, at-will employees are free to file grievances alleging their termination was impermissibly motivated (retaliation, discrimination)
200
When a person faces the loss of life, liberty or property, this is when the due process must occur.
What is before the taking? The TAKING refers to the government's action that will result in the loss.
200
This is the procedure by which a person can clear their name if their contract was not renewed after being falsely accused of wrongdoing by the district.
What is a name-clearing hearing? The name-clearing hearing only gives the employee a chance to defend themselves and does not guarantee reinstatement.
300
This is what "tenure" looks like in Texas. It is rarely used now.
What is a continuing contract?
300
This is what the board should do when, as part of a dismissal proceeding, it is alleged that the board is biased because of a labor dispute with the teacher.
What is nothing? The teacher, if he/she alleges that the board cannot be impartial, must show clear evidence of the bias.
300
Nonrenewal and termination are the same thing.
What is FALSE? Nonrenewal simply means the district has chosen not to renew a contract, and the contract remains in place until the end of its term. Termination refers to district action to end the employment before the end of the contract's term.
300
This amendment provides for due process.
What is the 14th Amendment?
300
An at-will employee can be fired for a reason that fits this description.
What is "any legally permissible" reason?
400
This is the type of contract a new teacher has.
What is a probationary contract?
400
A teacher is facing suspension without pay and has asked for an independent hearing. He/she has properly notified the commissioner of his/her desire for a hearing. The board should...
What is nothing? Board approval is NOT required to move forward with a hearing. The board does not get involved until after the hearing has occurred, and will consider the recommendation of the hearing examiner, and can reject, adopt or change it.
400
A football coach can be fired for a losing record.
What is FALSE? The record alone is not substantial evidence. It is relevant when evaluating the coach's job performance, but other factors contribute heavily to the win/loss record. The record cannot be the determining factor.
400
I am an at-will employee. I was given notice that my employment will be terminated. My boss says she is firing me because I chew gum every day. I do, in fact, chew gum every day. My boss, however, is taking money from the registers and pocketing it, and I have notified her supervisor that I have seen this behavior multiple times. My next step is...
What is file a grievance alleging termination was in retaliation for alerting the supervisors to the stealing? At-will employees don't get due process, but they are still entitled to protection against discrimination or retaliation.
400
This is the only time a non-renewal of a term contract can be done.
What is IN THE FINAL YEAR OF THE TERM?
500
Employees of the district who do not fit the definition of "classroom teacher" have this type of contract.
What is a Non-Chapter 21 contract? This title refers to Chapter 21 of the TEC, the provisions of which apply only to certain types of district employees.
500
This process has reduced the involvement of school boards in the dismissal proceedings of teachers.
What is the independent hearing process?
500
Injury to a teacher's reputation is sufficient to activate their right to due process.
What is FALSE? Damage to the reputation is not sufficient by itself. The damage to the person's reputation must come in the context of a right the person enjoyed under state law.
500
This item governs educator behaviors with regard to retaliation against colleagues, revealing confidential information about coworkers, discriminating against students or coworkers, engaging in sexual relationships with students, and providing drugs/alcohol to students.
What is the Educator Code of Ethics? SBEC adopted and enforces this code. The three general areas are: 1)Professional Ethical conduct, practices and performance 2)Ethical conduct towards professional colleagues 3)Ethical conduct towards students
500
The three nontraditional routes to certification in Texas.
What is alternative certification, teaching permit, by examination (examination is for grades 8-12 only)?
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