14-CJ(LEGAL).pdf
PDF 137 KB Posted
- Solicitation number
- JC- 250449
- Issued by
- Dallas County, Texas
About this file
This is a legal policy document issued by Dallas ISD on November 12, 2025, establishing contracted services requirements and prohibitions applicable to all district contractors. The document outlines four primary policy areas: employment assistance prohibitions related to sexual misconduct, severance pay limitations for independent contractors, diversity, equity, and inclusion (DEI) restrictions, and prohibitions on classroom instruction regarding sexual orientation and gender identity. Specifically, the district prohibits assisting contractors or agents suspected of sexual misconduct in obtaining new employment unless the matter has been officially closed, the individual has been acquitted, or four years have passed without charges being filed. For severance agreements with independent contractors, the district limits severance pay to no more than 20 weeks of compensation at the termination rate and prohibits severance payment when contractors are terminated for misconduct; all severance agreements must be posted publicly on the district's website.
The document mandates that Dallas ISD adopt and enforce policies establishing appropriate discipline, including termination, for any district contractor who intentionally or knowingly engages in or assigns DEI duties to others, with procedural safeguards ensuring due process and appeal rights consistent with other disciplinary actions. Additionally, the district prohibits third parties from providing instruction, guidance, activities, or programming regarding sexual orientation and gender identity to students in prekindergarten through 12th grade, with limited exceptions for authorized health-related service providers and student-initiated protected speech. The policy applies to all district and school contractors and requires that contractors receive physical and electronic copies of applicable policies. Contractors must acknowledge understanding and agreement with these requirements, particularly the DEI prohibition, as part of proposal submission.
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Text version
Dallas ISD 057905
CONTRACTED SERVICES CJ
(LEGAL)
DATE ISSUED: 11/12/2025
UPDATE 126
CJ(LEGAL)-P
Employment Assistance Prohibited
Severance Pay
A district that receives Title I funds shall have regulations or policies that prohibit any individual who is a school employee, contractor, 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 engaged in sexual misconduct regarding a minor or student in violation 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 police with jurisdiction over the alleged misconduct has investigated 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 independent 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 contractor 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 independent contractor is terminated for misconduct.
CONTRACTED SERVICES CJ
(LEGAL)
DATE ISSUED: 11/12/2025
UPDATE 126
Prohibition on Diversity, Equity, and Inclusion
Prohibited Classroom Instruction
Sexual Orientation and Gender Identity
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 performance 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 employees, see DEA.] Local Gov’t Code 180.011
A district shall adopt a policy and procedure for the appropriate discipline, including termination, of a district contractor who intentionally 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 manner 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 discipline, 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 physical 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 prekindergarten 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 result in material disruption to school activities;
CONTRACTED SERVICES CJ
(LEGAL)
DATE ISSUED: 11/12/2025
UPDATE 126
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]
CONTRACTED SERVICES CJ
(LEGAL)
DATE ISSUED: 11/12/2025
UPDATE 126
Prohibition on Diversity, Equity, and Inclusion
As per CJ (LEGAL), a district shall adopt a policy and procedure for the appropriate discipline, including termination, of a district contractor who intentionally 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 manner provided for other disciplinary actions. [See BT|
Education Code 11.005(c)-(d) [See also DF]
Please acknowledge that you have read and understood the Prohibition on Diversity, Equity, and Inclusion. *
Yes - I agree and understand
No - I do not agree and understand this response may result in our proposal being deemed nonresponsive.
Printed Name Date
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