(Editor’s Note: What follows is part one of a speech given by Elneita Hutchins-Taylor, General Counsel of the Houston Independent School District, at a University of Texas Law CLE conference.)
High school sports, as exemplified in “Friday Night Lights, has always been close to the heart of Texas. Today, as public, private, and charter schools across the state grapple with the urgency and challenges of preparing students academically to be competitive on a global stage in the mid to late 21st Century, the challenges students face in athletics remain important.
Texas has experienced a lot in the last 50 years. Just consider the following milestones that forever changed high school sports in Texas: (1) The integration of the University Interscholastic League through the absorption of the all black Prairie View Interscholastic Leagues in 1967; (2) the No Pass, No Play legislation passed in 1984; (3) the tightening and vigorous enforcement of UIL rules, which have resulted in high schools having to forfeit state championships for failure to follow those rules. Athletic coaches have remained at center stage in navigating the right balance between positive physical and moral development of student athletes and academies.
The key role played by athletic coaches in most districts continues unabated, and how school districts manage their coaching staff has become even more important.
Hiring the right coaching staff is the key to a school district managing a successful athletic program. Chapter 21 of the Texas Education Code requires all employees whose positions require certification to be placed on contracts governed by the chapter. Coaches, who in most cases also have teaching responsibilities, receive Chapter 21 contracts once hired. Probably no other position in the world of education has resulted in the creation and utilization of its own unique contract options, as has the role of athletic coaches. One of the critical decisions a school district must make in deciding what contract and compensation model will be used to hire coaches.
Three types of athletic coaching contracts and compensation models have developed across the state of Texas:
Single Assignment Chapter 21 Teacher Contract, plus a stipend for coaching duties.
Dual Assignment Chapter 21 Teacher/Coach Contract
Two separate contracts — a Chapter 21 Teacher Contract, and a Non-Chapter 21 Coaching Contract
The Dual Assignment Contract for Coaches
What counts with the Commissioner when it comes to upholding dismissal under Dual Assignment contracts? It has proven difficult for some school districts to succeed in dismissing employees based on coaching won/loss record alone. The Commissioner has recognized that other factors beyond the coach’s control, including skill of the players, skill of the opposition, and injuries can impact the won/loss record of a coach in any given season. See Hester v. Canadian Independent School District, Docket No. 106-R1-585 (comm’r Educ. 1985). Inappropriate coaching behavior on or off the field, however, can support dismissal. But this can be difficult to prove. As a result, many school districts resort to looking at the teach side of the contract alone, when it comes to asserting reasons for termination. School districts do have.
However, the ability to address coaching deficiencies.
School districts can have the ability to reassign a coach under a dual contract. The decision on whether a dual contract coach can be reassigned depends on a two-fold analysis. This analysis rests on the language in the contract and what constitutes “same professional capacity.” Look to the language in the contract as the first step in the analysis. See Reyes v. Culberson County Independent School District, Docket No. 220-R3-787 (Comm’r Educ. 1989); Terry W. Young v. Leggett Independent School Dist., Docket No. 175-R3-898 (Comm’r Educ. 1999). The broader the contract language in describing the coaching positions or duties, the more likely it is the school district will be to reassign an employee to a different coaching position.
Coaches may consider requesting dual contract language that specifies a particular coaching position in order to avoid being reassigned after being hired. While inserting language in the contract that names specific coaching responsibilities can protect the employee from an undesirable reassignment, employees should beware of using language that is too specific. If circumstances change, the employee may be in danger of termination if they become unable to carry out the duties of a specific coaching position, given that the school district would not be obligated to reassign to another coaching position.
The next level of analysis is to review “same professional capacity.” The Commissioner in Young v. Leggett ISD answered the question of whether being a “varsity coach and teacher” is the same professional capacity as being reassigned to the position of “junior high coach and teacher.” The Commissioner found the reassignment to be in the same professional capacity as the previous assignment. The language in the contract at issue merely stated “teacher/coach” without any explanation of specific duties. The Commissioner also considered whether the capacity was overbroad before determining that it was not. The key for school districts is to be certain that the contract language provides flexibility in the nature of coaching responsibilities. The key for employees is to negotiate specificity in the language of the contract if a particular level, sport, or position is a deal breaker for them.
Once a decision to reassign has been made, note that the Commissioner has made clear that a loss in pay in dual contract situations is a demotion, constituting a breach of contract of the procedures in Chapter 21 are not followed. Therefore, if a reassignment of coaching duties does occur, the compensation for the employee must remain the same for the term of the contract.
Best Practices for Using Dual Assignment Contracts for Coaches
Include language in the contract that is broad, allowing for reassignment to another position. Use specific language identifying a particular coaching position only if the district does not intend to retain the employee in any other coaching capacity.
Know when to negotiate with the employee. Consider the remaining length of the term of the contract. Is it a multi-year contract? How strong is the evidence against the employee? Evaluate the reassignment option. Consider negotiating a Settlement and Release Agreement with the employee, which will allow him/her to remain in one capacity while agreeing to waive any claim to the other. Even if there is enough evidence to prevail at a hearing, if an employee has a strength in teaching area, it could be a win-win for both parties. Consider the time and expense of Chapter 21 due process and the mid-year terminations require a higher level of proof. Always reduce any settlement agreement to writing. School district should work with their attorneys on the language to be included in the settlement agreement. Employees should consider the opportunity to remain employed through a settlement agreement rather than risking a loss in a Chapter 21 hearing that results in the loss of employment, not just coaching duties.
Issue a new Chapter 21 contract if a settlement agreement is reached.
Evaluate coaches using pre-determined standards that are not based solely on win-loss records. Just as teachers are evaluated based on their teaching abilities, coaches should be evaluated as well. This provides the coach with clear expectations of performance. It provides the district with a basis for termination, if necessary. Criteria may include, among other things, monitoring student grades and facilitating tutorials when necessary, providing workshops and guidance to athletes on being campus leaders and role models, increasing participation levels of athletes if needed, assisting student athletes and meeting NCAA qualifying standards and maintaining appropriate data, properly maintaining athletic equipment and other district property, assisting students with qualifying for scholarships at a broad spectrum of schools and maintaining related data, maintaining all required certifications, acting as a professional at all times while in the presence of students and parents , maintaining appropriate levels of communication with parents and athletes, keeping abreast of UIL rules and ensuring compliance , and compliance with all financial requirements of the school an school district.
Hiring Coaches
Most coaches in Texas are hired on Chapter 21 contracts and are subject to all the rights associated with such contracts. However, finding quality coaches can be tricky. Coaches can be found within the ranks of the teaching faculty already on a campus. If one is selected from a campus, be sure to determine if a new contract, such as a dual contract, needs to be issued. If so, work with the Human Resources department to get the individual on the correct contract. Review the contract language considerations above.
If the district offers a coaching stipend and the contract is not affected, school districts should make certain that the coaching assignment and the stipend amount are in writing and clearly disclosed to the employee beforehand, even if the stipend amount has to be stated “… in accordance with the stipend schedule approved by the Board of Trustees for the 2014-15 school year.” The notification letter should also state that the position is at will and not part of the employee’s contract.
There are occasions when a school or school district has to look outside of its own ranks for a coach. Of course, word of mouth among existing coaching staff can yield candidates. Coaches often know when other coaches are looking for a change. They also know where the best programs are.
Some Best Practices for Hiring Coaches
Talk with the district’s athletic director, who usually have their ear to the ground and know where talent can be found.
Talk with in-house staff about candidates in the school district.
Human Resources and principals should routinely ask teacher candidates for hire about interest in coaching and/or high school or college sports participation, especially if the candidate is a former college or professional athlete. Often talent can be found in-house for assistant coaching positions.
Use reputable coaching organizations’ bulletin boards for potential candidates.
Once on board, provide the coach with written expectations that will be a part of an annual evaluation.
