DOCKET NO. 097-R1-498
JENNIFER PELLHAM
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BEFORE THE
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§ COMMISSIONER OF EDUCATION
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THE STATE OF TEXAS
V.
SPRINGLAKE-EARTH
INDEPENDENT
SCHOOL DISTRICT
DECISION OF THE COMMISSIONER
Statement of the Case
Petitioner, Jennifer Pellham, appeals the nonrenewal of her employment contract
by Respondent, Springlake-Earth Independent School District.
Paula Hamje is the Administrative Law Judge appointed by the Commissioner of
Education. Petitioner is represented by Mark W. Robinett, Attorney at Law, Austin,
Texas. Respondent is represented by Robert Conkin, Superintendent, Springlake-Earth
Independent School District, Earth, Texas.
On June 4, 1998, the Administrative Law Judge issued a Proposal for Decision
recommending that Petitioner’s appeal be granted. No exceptions were filed.
Findings
It is determined that the following findings are supported by substantial evidence:
1.
Petitioner was employed as a teacher by Respondent for the 1997-1998
school year pursuant to a term contract.
2.
The Superintendent for Respondent provided Petitioner with a letter dated
March 10, 1998, advising that he had recommended to the board of trustees the dismissal
of Petitioner from her employment.
3.
Respondent’s board of trustees failed to notify Petitioner in writing
whether or not it proposed to renew Petitioner’s contract.
Respondent’s failure to give written notice of the board’s proposal to
4.
nonrenew Petitioner’s contract constituted an election by Respondent to employ
Petitioner for the following school year.
5.
Petitioner requested a grievance hearing by letter dated April 20, 1998;
however, Respondent communicated its intent not to review Petitioner’s contract by letter
dated April 27, 1998.
Discussion
Petitioner was employed by Respondent for the 1997-1998 school year and
received no timely written notice of the board’s proposal whether or not to renew her
contract.
The record reflects no such notice was issued.
The Superintendent did
recommend to the board at its meeting of March 9, 1998, that Petitioner should be the
subject of a reduction in staff. A letter dated March 10, 1998 was presented to Petitioner
setting out the Superintendent’s recommendation; however, Respondent failed to provide
Petitioner with written notification of the board’s proposed decision not later than the 45th
day before the last day of instruction in the school year. Such failure results in an election
to employ Petitioner in her same professional capacity for the following school year.
Tex. Educ. Code §21.206(b).
After failing to receive her contract for the 1998-1999 school year, Petitioner
requested the contract or, in the alternative, a grievance hearing by letter dated April 20,
1998. Respondent then notified Petitioner in an untimely manner by letter dated April 27,
1998, that the board had voted not to review her contract
and would not do so in the
future. Respondent provided the written notice of April 27, 1998, to Petitioner later than
the 45th day before the last day of instruction in the school year, May 21, 1998.
The Commissioner has the authority to hear this appeal pursuant to the Texas Education
Code §7.057 which provides in pertinent part:
(a) Except as provided by Subsection (e), a person may appeal in
writing to the commissioner if the person is aggrieved by:
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(2) actions or decisions of any school district board of trustees
that violate:
(A) the school laws of the state; or
(B) a provision of a written employment contract between
the school district and a school district employee, if a
violation causes or would cause monetary harm to the
employee.
In this case, Respondent failed to comply with the school laws of the state, specifically,
Tex. Educ. Code §21.206, in its attempt to nonrenew Petitioner’s contract. Petitioner’s
appeal should be granted.
Conclusions of Law
After due consideration of the record, matters officially noticed, and the foregoing
Findings, in my capacity as Commissioner of Education, I make the following
Conclusions of Law:
1.
The Commissioner of Education has jurisdiction over the instant matter
pursuant to Tex. Educ. Code §7.057.
2.
Respondent failed to notify Petitioner in writing whether the board
proposed to renew or not renew her contract in violation of Tex. Educ. Code §21.206(a).
3.
Respondent’s failure to comply with Tex. Educ. Code §21.206(a)
constituted an election to employ Petitioner in the same professional capacity for the
following school year. Tex. Educ. Code §21.206(b).
4.
Petitioner’s appeal should be granted, and Petitioner should be reemployed
by Respondent for the 1998-1999 school year in the same professional capacity as that in
which she was employed during the 1997-1998 school year.
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ORDER
After due consideration of the record, matters officially noticed, and the foregoing
Findings and Conclusions of Law, in my capacity as Commissioner of Education, it is
hereby
ORDERED that Petitioner’s appeal be, and is hereby, GRANTED; and
FURTHER ORDERED that Petitioner be reemployed by Respondent for the
1998-1999 school year in the same professional capacity as that in which she was
employed during the 1997-1998 school year.
SIGNED AND ISSUED this _______ day of ___________________________,
1998.
____________________________________
MIKE MOSES
COMMISSIONER OF EDUCATION
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