Hiring and Firing Coaches – Best Practices and Handling Title IX Compliance Issues

THE UNIVERSITY OF TEXAS SCHOOL OF LAW Presented: 30th Annual School Law Conference February 19-20, 2015 Austin, Texas Managing Athletics: Hiring and Firing Coaches – Best Practices and Handling Title IX Compliance Issues Elneita Hutchins-Taylor Continuing Legal Education • 512-475-6700 • www.utcle.org UNIVERSITY OF TEXAS SCHOOL LAW CONFERENCE Austin, Texas | February 19, 2015 MANAGING ATHLETICS: HIRING AND FIRING COACHES – BEST PRACTICES AND HANDLING TITLE IX COMPLIANCE ISSUES Elneita Hutchins-Taylor, General Counsel | Houston Independent School District Introduction High school sports, as exemplified in “Friday Night Lights,” has always been close to the heart of Texans. 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 twenty-first century, the challenges students face on the gridiron; basketball, tennis and volleyball courts; tracks; natatoriums and various other athletic venues remain important. Texas has experienced a lot in the world of high school athletics in the last fifty 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 League in 1967; (2) the No Pass, No Play legislation passed in 1984; and (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 academics. 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. This paper will focus on some of the issues and best practices for school districts in the world of coaches and athletics. 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 that 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 is 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. (regular teacher contract) 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 Termination and reassignment of coaches on a regular teacher contract, who serve as coaches on an at-will basis, generally follow regular teacher reassignment and termination/nonrenewal law. The use of a regular teacher contract and a supplemental non- Chapter 21 contract for coaching duties is also somewhat straight forward. A survey taken by the Texas Association of School Boards, and reported in its HR Exchange in March 2012, reported that 70% of Texas districts surveyed give athletic coaches, other than the head football coach, a dual assignment teacher/coach contract. Thus, most of this section of the paper will address dual contracts. Whether the dual assignment contract favors school districts or coaches depends on the situation. Many who have looked at the issue, however, find that dual assignment contracts tip the scales in favor of the employer school district. Both points of view will be explored. Of course, as with any contract, the beginning of the analysis rests in the language of the contract itself. The next area of focus should be on the type (Probationary, Term or Continuing contract) and the remaining term of the contract. The requirements set out in Chapter 21 for termination and nonrenewal will apply and should be followed in cases of dual assignment contracts. What makes the dual assignment contract different, is that termination and nonrenewal can be based on either the evaluation of the teaching or coaching field. If a basis exists to end the duties in one area, it can result in a loss of employment for both areas. In other words, the school district can choose to base the termination/nonrenewal decision on problems in the teaching arena or problems in the coaching arena, but the employee loses his/her job in both. Pursuant to the contract, the individual is hired to perform both functions, and good cause for termination in one function is sufficient to end the entire employment relationship. Likewise, the employee may not resign from one function and retain employment by the school district in the other. A resignation is deemed to be for both functions, thus ending the employment relationship. While this may seem at first glance to be entirely favorable to the school district, it can in some circumstances play to the advantage of the employee. For example, if the employee is a particularly strong teacher, but much weaker as a coach, the employee may have some 2 Find the full text of this and thousands of other resources from leading experts in dozens of legal practice areas in the UT Law CLE eLibrary (utcle.org/elibrary) Title search: Managing Athletics: Hiring and Firing Coaches – Best Practices and Handling Title IX Compliance Issues Also available as part of the eCourse Employment Issues in School Law: Case Law Update; Calculating Full-Time Status; Pregnancy Discrimination; Social Media Issues for Educators; plus Managing Athletics First appeared as part of the conference materials for the 30th Annual School Law Conference session "Managing Athletics: Hiring and Firing Coaches, and Best Practices for Handling Thorny UIL and Title IX Compliance Issues".

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