Beruflich Dokumente
Kultur Dokumente
June 9,1998
Austin Convention Center
Austin, Texas
Presented By:
David M. Feldman
A. Standard of Review.
D. The Cost Factor. The IHE process has proved costly in several
regards: districts must bear the cost of the services of the IHE and
court reporter and, given the evidentiary standard involved as well as
fact finding by a third party who may not be as appreciative of the
district's concerns, districts appear to be losing more hearings under
this process than they are winning. Given the trial-like nature of the
process, the district also generally hires outside legal .counsel to
investigate and present the administration's case, thus incurring
additional expense.
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should a recommendation be in order, but also disserves teachers by
not giving them an accurate assessment of their performance.
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,..,-..-..• 2. the steps that were taken to investigate the complaint and/or
verify the charges; and,
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1. Are students involved? If so, can you avoid identifying them
by name? If not, remember that an employee does not have a
right of access under the Texas Public Information Act
("TPIA") to student records that are otherwise confidential
under the Family Educational Rights and Privacy Act, 20 USC
§ 1232g. See Tex. Att'y Gen. Informal Letter Ruling OR94-
546.
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A. When Required. In general, remediation is required unless the
employee's conduct is egregious or intolerable (e.g., physical assault of
student, employee, or parent; sexual-misconduct with a student;
offensive sexual behavior directed toward a student or fellow
employee).
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See e.g., Aguilar v. Ysleta ISD, Docket No. 067-R2-1190 (Tex. Comm'r
Educ. 1991); Woolworth v. Eagle Pass ISD, Docket No. 119-R2-1291 (Tex.
Comm'r Educ. 1994).
IX. As Bad as They May Seem to You, Some Reasons Simply Do Not
Support Nonrenewal or Termination. Before you recommend
nonrenewal of a term contract employee, always check to make sure that
the reasons supporting your recommendation are included in policy.
Likewise, before you recommend that an employee be discharged, check
with your district's local counsel to ensure that the offense is truly a
terminable one. Remember that in either situation, you will need
documentation to support your reasons for the recommended action.
*
A. The Commissioner of Education has determined the following
reasons to not support nonrenewal:
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• Shoplifting, when the charges were dropped and there was no
nexus between the shoplifting allegations and the teacher's
fitness to perform her duties. Duncan v. Pecos-Barstow-Toyah
ISD, Docket No. 351-R2-792 (Tex. Comm'rEduc. 1995).
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