Dallas ISD 057905 TERMINATION OF CONTRACT DF (LOCAL)
NOTICE OF TERMINATION FOR CAUSE
An employee who receives a written notice of his or her recommendation for contract termination must file with the Commissioner of Education a written request for a hearing, not later than the 15th day after the date the employee receives written notice of the proposed action, as required by Education Code 21.253, and must provide the Office of Board Services with a copy of the request. The hearing examiner shall conduct the hearing in and make a recommendation to the Board in accordance with applicable law. [See DFD(LEGAL)]
GROUNDS FOR TERMINATION
The following provisions apply only to the principals, supervisors, classroom teachers, counselors, nurses, or other full-time professional employees who hold a term contract or probationary contract and who have been proposed for termination. The General Superintendent or designee may propose employees for termination. The Associate Superintendent for Human Resources is appointed as the designee to propose employees for termination. The following acts or actions are determined to be good cause for termination of an employment contract: 1. 2. Failure or refusal to comply with policies, orders, and directives of the Board, General Superintendent, and/or designees. Any act or conduct while at school, whether in or out of a classroom, which is either indecent, obscene, illegal, cruel, abusive, or is otherwise contrary to and inconsistent with the ordinary standards set by the performance and conduct of the other professional public employees of the District. Failure of the employee to use his or her best efforts in carrying out any one or more of the following areas of professional duties and responsibilities: a. b. c. d. Creating a climate for learning in the classroom. Instilling a desire for learning in the classroom. Improving teaching techniques. Striving consistently to improve student academic performance or teaching performance through participating in staff training/developmental programs. Consistent lack of student improvement or growth.
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Necessary reduction of school personnel. Immorality, public lewdness, or other acts of moral turpitude, including unlawful practices. 1 of 3
DATE ISSUED: 10/23/2006 LDU-43-06 DF(LOCAL)-X
Dallas ISD 057905 TERMINATION OF CONTRACT DF (LOCAL)
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Conviction at the trial court level of any felony or misdemeanor involving moral turpitude or the commission of any act that is a violation of the laws of the United States or the state of Texas and that directly affects the operation or mission of the District. Consumption in any amount, or possession, of alcoholic beverages while on duty or on school grounds. Excessive use of alcoholic beverages or use of narcotics at any time that in any way affects the ability to successfully perform duties as determined by Board policy. Physical or mental incapacity preventing performance of the contract of employment.
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10. Use, abuse or possession of illegal drugs or hallucinogens. 11. Neglect of duty that constitutes peril of any degree to students. 12. Physical or verbal abuse of students, parents, coworkers, or other persons. 13. Inefficiency, incompetency, or inability to perform assigned duties. 14. Conviction or deferred adjudication at the trial court level that impacted, or may impact, performance of one’s job. 15. Possession of any weapon while on duty, on school premises, or any school-sponsored function. 16. Stealing or misappropriation of property of the District, or property of others on District premises. 17. Malicious mischief, defined as the abuse, misuse, or deliberate destruction or damaging of property, tools, or equipment of other employees, students, or of the District. 18. Altering or tampering with time cards, “sign in/out” roster, insurance records, or any other District documents or records, or making a false entry in, or false alteration of, a District record. 19. Making, presenting, or using any record or document with knowledge of its being false and with the intent that it be taken as a genuine governmental record. 20. Insubordination, including refusal or failure to perform work assigned and/or refusal to obey orders of supervisors.
DATE ISSUED: 10/23/2006 LDU-43-06 DF(LOCAL)-X
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Dallas ISD 057905 TERMINATION OF CONTRACT DF (LOCAL)
21. The making or publishing of false, vicious, or malicious statements concerning any employee or supervisor of the District. 22. Falsifying or refusing to give testimony concerning accidents involving school vehicles, job-related injuries, or other accidents. This includes failure to report a personal job-related injury and/or accident to an appropriate supervisor on the day of occurrence, or in any event no later than the next working day following. 23. Knowingly making a false accusation of child abuse or sexual harassment. 24. Conduct or behavior not otherwise expressly referred to in this policy, either during or off working hours, that could cause the public, students, or employees to lose confidence in the administration and integrity of the District. 25. Failure to meet acceptable standards of conduct for employees in like or similar positions, which would make retention of the employee detrimental to the best interests of the District. 26. Failure or refusal to timely submit or account for all grades, reports, school equipment, or other required items. 27. Lack of funding for a federally or categorically funded position. 28. Violation of any federal statute or state law, or the United States or State of Texas Constitution. 29. Failure or refusal to fulfill duties or responsibilities as set forth under the terms and conditions of the employment contract, or contained in the employee’s job description or local Board policy. 30. Failure to obtain or retain necessary certification. 31. Excessive absences, tardiness, or job abandonment. 32. Failure to return to duty from any approved leave. 33. Any other reason constituting “good cause” under Texas law. 34. Failure to timely report suspected child abuse. The recommendation and decision to terminate a contract under this policy shall not be based on an employee’s exercise of constitutional rights or based unlawfully on an employee’s race, color, religion, sex, national origin, disability, age, or veteran status.
DATE ISSUED: 10/23/2006 LDU-43-06 DF(LOCAL)-X
ADOPTED:
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