Types of Employment Arrangements

1. Types of Employment Arrangements Part 1 of laws Teachers should know

2. Texas Education Code §21.002 • Teacher Employment Contracts • A school district shall employ each classroom teacher, principal, librarian, nurse, or counselor under: • 1) a probationary contract • 2) a continuing contract • 3) a term contract

3. Probationary Contracts • Texas Education Code §21.102 Probationary Contracts • A person who is employed by a district for the first time or for less than two consecutive years will be employed under probationary contract • May not be given for a term longer than one year, but may be renewed for two additional one-year periods for a maximum contract period of three school years. • Texas Education Code §21.103: Probationary Contract Termination • If in the best interests of the district, the board of trustees may terminate the contract. • The board must give notice of termination not later than the 10th day before the last day of instruction required under the contract • If the board fails to give notice, the board must employ the probationary teacher

4. Probationary Contracts Cont. • Texas Education Code §21.105 Resignations Under Probationary Contract • A teacher employed under a probationary contract may resign without penalty if notice is given no later than the 45th day before the first day of instruction of the following school year. • A teacher may resign with the consent of the board of trustees at any other time. • A written complaint by the district may cause SBEC to impose sanctions against a teacher who: • Resigns • Fails to perform contract • Fails to resign in a proper fashion

5. Continuing Contracts • Texas Education Code §21.152 Continuing Contract • A continuting contract must be in writing and must include the terms of employment • Texas Education Code §21.154 • Teacher is entitled to continue in the position until they • 1) Resign • 2) Retire • 3) Are released from employment because of necessary cutbacks • 4) Discharged for good cause in accordance with proper procedures • 5) Returned to probationary status

6. Term Contracts • Texas Education Code §21.201 Definition • Term Contract: any contract of employment for a fixed term between a school district and a teacher • Texas Education Code §21.202 Probationary Contract Required • Before a teacher may be employed under a term contract, the teacher must be employed under a probationary contract • A district may employ a person as a principal or classroom teacher under a term contract if the person has experience as a public school principal or classroom teacher regardless of whether the person is being employed by the district for the first time.

7. At will employment • An at will employee is free to leave or be terminated at any time for any reason. “At will” contracts are very common in private schools. It is also common amongst hourly employees (food service workers, clerical, custodians, bus drivers etc.) • In the Texas Supreme Court Decision Montgomery County Hospital v. Brown (1998), the court ruled that an employer guaranteeing work via a verbal agreement was not a contract nor did it change the “at will” status of the employee. • In order for the status to change, the employer “...must unequivocally indicate a definite intent to be bound not to terminate the employee except under clearly specified circumstances” (Montgomery County v. Brown, 1998). (Walsh, Kemerer, & Maniotis, 2010, p 162)