KBS Reference Desk: Returning a Teacher to Probationary Status

Q:        An elementary teacher on a term contract has consistently underperformed this school year. The campus principal is coaching her and would like to give the teacher an additional year to improve. However, because of her demonstrated poor performance, we want additional flexibility to end the teacher’s employment in the future. Can a school district return a term contract teacher to probationary status?

 A:        Yes, provided that you give the teacher written notice of the decision to offer her a probationary contract in lieu of nonrenewal, an opportunity to consult with an attorney or teacher organization, and three business days to consider the offer.

 Texas Education Code section 21.106(c) provides that a teacher may agree to be returned to probationary status under certain conditions. This agreement may occur after the superintendent has communicated the intention to the employee to recommend the teacher’s proposed termination for good cause or nonrenewal to the board. To make the agreement valid, the statute requires the following notice be provided to the teacher in writing:

1.      Informs the teacher of the district’s offer to return him or her to probationary contract status;

2.      The period during which the teacher may consider the offer (must be at least three district business days); and

3.      The teacher’s right to seek counsel (or contact their teacher organization).

 Should the teacher consider the offer and agree, the Board of Trustees is free to renew employment under a probationary contract for the next year. However, if the teacher refuses, the school district must 1) offer the teacher a term contract for the following year or 2) begin proceedings to propose the teacher’s nonrenewal or termination.  

Related Posts

Leave a Reply

Recent Articles

KBS Reference Desk: Evaluating SPED Teachers after COVID-19
April 2, 2021
KBS Reference Desk: Pay During Closure
February 26, 2021
KBS Reference Desk: Virtual Learning and Child Find
February 5, 2021
KBS Reference Desk: American Rescue Plan
January 29, 2021
KBS Reference Desk: TOMA Suspension Extension – Additional 30 days
January 15, 2021
KBS Reference Desk: Updated FFCRA Guidance
January 8, 2021
KBS Reference Desk: New Stay-at-Home Protocols
December 18, 2020
KBS Reference Desk: Vaccine as a Requirement for School Attendance
December 11, 2020
KBS Reference Desk: Campus Closure due to COVID-19 and Funding
December 4, 2020
KBS Reference Desk: Nonexempt Volunteer Work
November 20, 2020
KBS Reference Desk: TPIA – 10-day Extension
November 6, 2020
KBS Reference Desk: Discontinue Virtual Learning
October 30, 2020
KBS Reference Desk: Political Dress
October 23, 2020
KBS Reference Desk: Emergency Safety Drills
October 16, 2020
KBS Reference Desk: Requests for Homebound Instruction During COVID
October 9, 2020
KBS Reference Desk: Mask Exception
October 2, 2020
KBS Reference Desk: UIL Football Streaming
September 26, 2020
KBS Reference Desk: Eligible Expenses Under Coronavirus Relief Fund
September 18, 2020
KBS Reference Desk: Confidentiality and the ADA
September 11, 2020
KBS Reference Desk: Threat Assessment
September 4, 2020
KBS Reference Desk: Emergency Board Meetings
August 28, 2020
KBS Reference Desk: Homebound Services
August 21, 2020
KBS Reference Desk: COVID-19 Student Privacy and Virtual Learning
August 14, 2020
KBS Reference Desk: ADA Accommodations Based on Family Member’s Disability
August 7, 2020
KBS Reference Desk: EPSL EFML
July 31, 2020