Commissioner’s Decision
Fired Administrator Waited Too Late
To Challenge “Mistake” in his Contract
Ruling: An ISD administrator waited too late to claim that a probationary contract that he signed should have been a term contract. Dr. Paz Elizondo v. La Villa ISD, No. 049-R10-07-2021. Signed Feb. 22 by Education Commissioner Mike Morath.
Background
Elizondo was working for LVISD under a probationary administrator contract for the 2019-20 school year, when, in April 2020, he was offered, and signed, a contract for the 2020-21 school year.
This contract was labeled “Second Year Probationary Contract,” and contained clauses common to probationary contracts. (TEA school directory data reflects that Elizondo was principal of a LVISD middle school in 2019-20 and 2020-21.)
In April 2021, Elizondo received notice that the LVISD school board had voted to terminate his then-current 2020-21 probationary contract as of the end date of the contract.
Elizondo asserted to the commissioner that he had been mistakenly given a probationary contract (which affords limited contract protections) instead of a term contract (which provides for greater protections to challenge a contract termination or nonrenewal).
15-Day Deadline
The commissioner rejected Elizondo’s argument that he had 15 days (under LVISD’s grievance policy) from the date he was notified that the school board had terminated his contract to file a grievance claiming that he had been given a wrong contract.
The commissioner dismissed Elizondo’s appeal on a finding that the 15-day deadline to file a grievance started from the day he was offered the probationary contract to sign — and not a year later when the board terminated the contract after he had worked under the contract for several months and had been paid wages and benefits under the contract.