46 Region 3 ESC Employee Handbook August 27, 2018
Termination of employment Section 10ResignationsPolicy DC http://pol.tasb.org/Home/Index/1194All Employees may resign their positions at any time. A written notice of resignation should besubmitted to Executive Director at least two weeks prior to the effective date. Employees areencouraged to include the reasons for leaving in the letter of resignation but are not required todo so. Once submitted and accepted, a resignation may not be withdrawn without the consent ofthe Executive Director.The Executive Director will notify the Texas Education Agency when an employee resigns andreasonable evidence exists to indicate that the employee has engaged in any of the acts listed.(See Reports to the Texas Education Agency)Dismissal of employeesPolicy DC http://pol.tasb.org/Home/Index/1194All employees are employed at will and may be dismissed without notice, a description of thereasons for dismissal, or a hearing. It is unlawful for the ESC to dismiss any employee forreasons of race, color, religion, gender, national origin, age, disability, military status, geneticinformation, any other basis protected by law, or in retaliation for the exercise of certainprotected legal rights. Employees who are dismissed have the right to grieve the termination. Thedismissed employee must follow the ESC process outlined in this handbook when pursuing thegrievance. (See Complaints and grievances.)Exit interviews and proceduresPolicy DC http://pol.tasb.org/Home/Index/1194Exit interviews will be scheduled for all employees leaving the ESC. Information on thecontinuation of benefits, release of information, and procedures for requesting references will beprovided at this time. Separating employees are asked to provide the ESC with a forwardingaddress and phone.All ESC keys, books, property, and equipment must be returned upon separation fromemployment.Reports to the Texas Education AgencyIn addition to the reporting requirement under Family Code 261.101, the Executive Directormust report to the Division of Investigations at TEA if there is evidence that the employee wasinvolved in any of the following: 47 Region 3 ESC Employee Handbook August 27, 2018
Any form of sexual or physical abuse of a minor, or any other unlawful conduct with a student or a minor Soliciting or engaging in sexual contact or a romantic relationship with a student or minor The possession, transfer, sale, or distribution of a controlled substance The illegal transfer, appropriation, or expenditure of district or school property or funds An attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit for the purpose of promotion or additional compensation Committing a criminal offense or any part of a criminal offense on ESC property or at a ESC sponsored eventThe reporting requirements above are in addition to the Executive Director’s ongoing duty tonotify TEA when a certified employee or an applicant for certification has a reported criminalhistory. “Reported criminal history” means any formal criminal justice system charges anddispositions including arrests, detentions, indictments, criminal information, convictions,deferred adjudications, and probations in any state or federal jurisdiction that is obtained by ameans other than the Fingerprint-based Applicant Clearinghouse of Texas (FACT).Reports concerning court-ordered withholdingThe ESC is required to report the termination of employees that are under court order or writ ofwithholding for child support or spousal maintenance.Notice of the following must be sent to the support recipient and the court or, in the case of childsupport, the Texas Attorney General Child Support Division: Termination of employment not later than the seventh day after the date of termination Employee’s last known address Name and address of the employee’s new employer, if known 48 Region 3 ESC Employee Handbook August 27, 2018
Student Issues Section 11Student recordsPolicy FL http://pol.tasb.org/Home/Index/1194Student records are confidential and are protected from unauthorized inspection or use.Employees should take precautions to maintain the confidentiality of all student records. Thefollowing people are the only people who have general access to student’s records: Parents: Married, separated, or divorced unless parental rights have been legally terminated and the ESC has been given a copy of the court order terminating parental rights The student: The rights of parents transfer to a student who turns 18 or is enrolled in an institution of post-secondary education. An ESC is not prohibited from granting the student access to the student’s records before this time. ESC Officials with legitimate educational interests.Psychotropic drugsPolicy ED http://pol.tasb.org/Home/Index/1194An employee may not use or threaten to use the refusal of a parent, guardian, or managing orpossessory conservator of a child to administer or consent to the administration of a psychotropicdrug to the child, or to consent to any other psychiatric or psychological testing or treatment ofthe child, as the sole basis for making a report of neglect of the child under Subchapter B,Chapter 261, Family Code, unless the employee has cause to believe that the refusal: 1. Presents a substantial risk of death, disfigurement, or bodily injury to the child; or 2. Has resulted in an observable and material impairment to the growth, development, or functioning of the child. Education Code 26.0091Psychotropic drug means a substance that is: 1. Used in the diagnosis, treatment, or prevention of a disease or as a component of a medication; and 2. Intended to have an altering effect on perception, emotion, or behavior. Family Code 261.111(a) 49 Region 3 ESC Employee Handbook August 27, 2018
AppendixThe following can be found on the ESC intranet website:Organizational chart: https://www.esc3.net/Page/667Job Classifications: https://www.esc3.net/Page/727Pay Range Schedules: https://www.esc3.net/Page/727ESC and ECI Calendar: https://www.esc3.net/Page/656FMLA Rights & Responsibilities: https://www.esc3.net/Page/748 50 Region 3 ESC Employee Handbook August 27, 2018
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