The document summarizes several key personnel issues and legal cases related to teacher contracts and assignments. It discusses the "subject to assignment clause" commonly found in teacher contracts, and legal cases related to reassigning teachers and administrators such as Jett v. Dallas ISD. It also covers compensation disputes, the Professional Development and Appraisal System (PDAS), planning and preparation periods, duty-free lunches, personal and sick leave policies, health insurance, assault leave, and the Family and Medical Leave Act (FMLA).

1. Personnel Issues
PEDG 5344
William Allan Kritsonis, PhD

2. “Subject to Assignment Clause”
 In teachers’ contracts
most Texas teacher and administrator
contracts contain a clause to the effect that
the employee may be assigned and
reassigned at the discretion of the
superintendent.

3. Jett v. Dallas ISD
An athletic director/head coach was reassigned to another
school as a teacher with no coaching duties. There was
no reduction in salary or supplemental pay. Although
Jett came out evenly financially, he complained that he
was unfairly deprived of a “property right” in the position
of AD/head coach. The reassignment was done without
any formal hearing and without due process. The 5th
circuit ruled that because Jett’s property right included
only the economic benefits of the contract and because
he received all of those economic benefits even after
reassignment, he was not deprived of any property right.
Therefore, he was not entitled to due process.

4. Smith v. Nelson
The courts ruled that the commissioner did not
have jurisdiction to hear the appeal of a man
who was reassigned from head coach/AD to PE
teacher. There was a written contract involved,
but the man’s salary remained the same after
the reassignment. He tried the argument that
his loss of status would make it harder for him to
find good coaching jobs in the future, but
allegations of speculative future losses are not
enough to give the commissioner jurisdiction
over such a case.

5. Finch v. Ft. Bend ISD
The principal was reassigned to the maintenance
department she was told she would be a facilitator for
staff development of the nonprofessional staff. The
supervisor gave the principal a memo outlining the
reasons for the reassignment and advising her that she
could file a grievance over the matter. The principal filed
a grievance and a lawsuit alleging that she was being
constructively discharged, retaliated against for the
exercise of constitutional rights, and deprived of both
procedural and substantive due process. The 5th circuit
rejected all of the arguments stating the written notice
and the grievance process was her due process.

6. Briggs v. Crystal City ISD
the school board reassigned the
superintendent to a teaching position.
Briggs sued and won in the TX court of
appeals held that a superintendent
occupies a unique position and that any
reassignment would be a material change
in the contract. A superintendent is one of
a kind.

7. Compensation Disputes
 Penalty-free resignation date
the date is calculated to be not later than the
45th day before the first day of instruction of
the following school year. This usually falls
around the 1st of July in most districts in
Texas. This is the date in which a teacher
can get out of their contract without penalty.

8. Professional Development and
Appraisal System (PDAS)
 The PDAS is based on observable, job-related behaviors. It involves a single
appraisal by a single appraiser, assessing performance in 8 domains which
include: (1) active, successful student participation in the learning process, (2)
learner-centered instruction, (3) evaluation of and feedback on student
progress, (4) management of student discipline, instructional strategies, time,
and materials, (5) professional communication, (6) professional development,
(7) compliance with policies, operating procedures, and requirements, and (8)
improvement of academic performance of all students on the campus, based
on indicators included in the Academic Excellence Indicator System. In each
domain each teacher is rated as (a) exceed expectations, (b) proficient, (c)
below expectations, or (d) unsatisfactory.
 The teacher can demand a second appraisal by a different appraiser and can
file a written rebuttal to the appraisal.
 Rules of PDAS require that a teacher be identified as “a teacher in need of
assistance” if the teacher is evaluated as unsatisfactory in one or more
domain, or if the teacher is below expectations in two or more domains. If the
teacher is so designated, the supervisor and teacher must develop an
intervention plan. The teacher can be nonrenewed without all this

9. Planning and Preparation Period
 Each classroom teacher is to have at least
450 minutes within each two week period
for instructional preparation, parent
teacher conferences, evaluating students’
work, and planning.
 Each planning and preparation period
must be at least 45 minutes long, and
must be scheduled during the school day.

10. Duty-Free Lunch
 Classroom teachers and full-time librarians are entitled
to at least a 30-minute lunch period free from all duties
and responsibilities connected with the instruction or
supervision of students, unless
 the district is faced with such dire situations as personnel
shortage
 extreme economic conditions
 or unavoidable or unforeseen circumstances.
 In any event a teacher may not required to supervise
students during the duty-free lunch more than one time
per week.

11. Personal Leave
 There is no limit on the accumulation of personal
leave, and it moves with the employee from one
district to another.
 TEC 22.003- A person can use personal leave
for any reason; in fact the law specifically states
that the local school board “may not restrict the
purposes for which the leave may be used”.
 School districts cannot restrict the purposes for
which employees take personal leave, it can
impose other restrictions.

12. Personal Leave
 Castelberry ISD
 adopted a policy containing three restrictions that
were challenged. Employees were (1) not permitted
to take more than two days of leave consecutively; (2)
not permitted to take personal leave if another
employee in the same category was already on such
leave; and (3) not permitted to take personal leave on
the day before a holiday. The court of appeals
approved the district’s policy. The policy did not
restrict the purposes for which leave could be taken, it
just limited the timing.

13. Health Insurance
 TEC 22.004 requires each school district
to offer its employees health insurance.

14. Assault Leave
 Assault leave is established for school employees who
are physically assaulted during the performance of their
duties. They are entitled to take “the number of days of
leave necessary to recuperate from all physical injuries
sustained as a result of the assault.” This paid leave can
continue for up to two full years. Upon investigation of
the claim, the district may change the assault leave
status and charge the leave, first against accumulated
personal leave, and then, if necessary, against the
employee’s pay (TEC 22.003(b)).

15. Family and Medical Leave Act
(FMLA)
 Eligible employees are entitled to up to 12 weeks
of unpaid leave per year
 (1) to care for newborn, adopted, or foster children
 (2) to care for a spouse, child or a parent with serious
health condition
 (3) or when a serious health condition prevents the
employee from performing the essential functions of
the job.
 To be eligible, the employee must have been
with the district for at least 12 months and must
have worked at least 1250 hours.