101000
SUPERINTENDENT / BJC
CONTRACT / (LEGAL)
Texas Education Code Chapter 21
This policy is subject to Texas Education Code Chapter 21.212 to the extent applicable.
Counties of More Than 350,000
In any county having a population of more than 350,000 according to the last preceding federal census the county superintendent shall be appointed by the county board of education, and shall hold office for four years. However, this provision shall not operate so as to deprive any elected superintendent of his office prior to the expiration of the term for which he has been elected. Education Code 17.45
Payment of Superintendent's Salary and Expense
In the event that the tax herein provided for shall be authorized by the voters of the county to which this chapter applies, then the CountySuperintendent's salary and all expenses of maintaining his office shall be paid out of the funds realized from the collection of the tax herein provided for.
Until the tax provided for herein shall be authorized and levied, the salary of the County superintendent and his assistants, and the expenses of maintaining the office of County Superintendent, shall continue to be paid as otherwise provided by law.
Education Code 18.30(a),(b)
Chapters 17 and 18 as of May 1, 1995
Term of Contract
A board may employ by contract a superintendent for a term not to exceed five years. Education Code 11.201(b)
Property Interest
A contract of employment with a district creates a property interest in the position only for the period of time stated in the contract. Such a contract creates no property interest of any kind beyond the period of time stated in the contract. Perry v. Sindermann, 408 U.S. 593 (1972); Board of Regents of State Colleges v. Roth, 408 U.S. 564 (1972)
Financial Exigency
On the basis of a financial exigency declared under Education Code 44.011 [see CEA] that requires a reduction in personnel, the board may choose to amend the terms of the contract of a superintendent employed under a term contract. A superintendent whose contract is amended under this provision may resign without penalty by providing reasonable notice to the board and may continue employment for that notice period under the prior contract.Education Code 21.212(f)
DATE ISSUED: 7/10/2018 / 1 of 1UPDATE 111
BJC(LEGAL)-HCDE
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