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What schools need to know before reassigning employees



First, the appellate court found no violation of section 21.206 of the Texas Education Code. The district did not breach its duty to notify the petitioner about the nonrenewal of his term contract before its expiry because the district did renew it for 2018-19, the appellate court said.

The requirement in section 21.206(b) to employ a teacher in the “same professional capacity” for the following school year was only applicable if the district failed to give the petitioner timely notice of nonrenewal of the contract that was about to expire, the appellate court explained.

Second, the appellate court found no violation of the petitioner’s employment contract, which provided no restrictions to the district’s right to reassign him, made no specifications about his position or salary, and permitted reassignment to a new position even if the salary was lower.

At the time of the reassignment in January 2019, the superintendent notified the petitioner that his salary for 2019-20 would be commensurate with his assignment as a DAEC teacher, the appellate court said. This notice was sufficient, timely, and not violative of any school laws or the contract, the appellate court concluded.

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