10-CJ(LEGAL).pdf

Dallas ISD 057905

CONTRACTED SERVICES CJ

(LEGAL)

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A district that receives Title I funds shall have regulations or poli-cies that prohibit any individual who is a school employee, contrac-tor, or agent, or a district, from assisting a school contractor or agent in obtaining a new job, apart from the routine transmission of administrative and personnel files, if the individual or district knows, or has probable cause to believe, that such contractor or agent en-gaged in sexual misconduct regarding a minor or student in viola-tion of the law.

This requirement shall not apply if the information giving rise to probable cause has been properly reported to a law enforcement agency with jurisdiction over the alleged misconduct; and has been properly reported to any other authorities as required by federal, state, or local law, including Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and the implementing regulations under Part 106 of Title 34, Code of Federal Regulations, or any succeeding regulations; and:

1. The matter has been officially closed or the prosecutor or po-lice with jurisdiction over the alleged misconduct has investi-gated the allegations and notified school officials that there is insufficient information to establish probable cause that the contractor or agent engaged in sexual misconduct regarding a minor or student in violation of the law;

2. The contractor or agent has been charged with and acquitted or otherwise exonerated of the alleged misconduct; or

3. The case or investigation remains open and there have been no charges filed against, or indictment of, the contractor or agent within four years of the date on which the information was reported to a law enforcement agency.

20 U.S.C. 7926 [See also DC]

A district that enters into a contract or employment agreement, or renewal or renegotiation of an existing contract or employment agreement, that contains a provision for severance pay with an in-dependent contractor must include:

1. A requirement that severance pay that is paid from public money may not exceed the amount of compensation, at the rate at the termination of the contract, the independent con-tractor would have been paid for 20 weeks, excluding paid time off or accrued vacation leave; and

2. A prohibition of the provision of severance pay when the inde-pendent contractor is terminated for misconduct.

Employment Assistance Prohibited

Severance Pay

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A district shall post each severance agreement in a prominent place on its internet website.

“Misconduct” means an act or omission by a contractor in the per-formance of the contractor’s duties that the board determines to be misconduct, including any finding of criminal conduct.

“Severance pay” means dismissal or separation income paid on termination of the contract of an independent contractor that is in addition to the contractor’s usual compensation as prescribed by the contract.

[For provisions related to severance agreements for district em-ployees, see DEA.]

Local Gov’t Code 180.011

A district shall adopt a policy and procedure for the appropriate dis-cipline, including termination, of a district contractor who intention-ally or knowingly engages in or assigns to another person diversity, equity, and inclusion duties. The district shall provide a physical and electronic copy of the policy and procedure to each district contractor.

The policy and procedure adopted by a district must ensure that a contractor receives adequate due process and an opportunity to appeal disciplinary actions, including termination, in the same man-ner provided for other disciplinary actions. [See BT|

Education Code 11.005(c)-(d) [See also DF]

A district shall adopt a policy and procedure for the appropriate dis-cipline, including termination, of a district or school contractor who intentionally or knowingly engages in or assigns to another person an act prohibited by Education Code 28.0022 (Certain Instructional Requirements and Prohibitions). The district shall provide a physi-cal and electronic copy of the policy and procedure to each district or school contractor. Education Code 28.0022(h) [See also DF, EMD]

A district or district employee may not allow a third party to provide instruction, guidance, activities, or programming regarding sexual orientation and gender identity to students enrolled in prekinder-garten through 12th grade.

This provision may not be construed to:

1. Limit a student’s ability to engage in speech or expressive conduct protected by the First Amendment, U.S. Constitution or by Section 8, Article I, Texas Constitution, that does not re-sult in material disruption to school activities;

Prohibition on Diversity, Equity, and Inclusion

Prohibited Classroom Instruction

Sexual Orientation and Gender Identity

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2. Limit the ability of a person who is authorized by the district to provide physical or mental health-related services to provide the services to a student, subject to any required parental consent; or

3. Prohibit an organization whose membership is restricted to one sex and whose mission does not advance a political or social agenda from meeting on a district campus.

Education Code 28.0043 [See also EMB]