Judicial Committee on Information Technology

Mission: To establish standards and guidelines for the systematic implementation and integration of information technology into the trial and appellate courts in Texas

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Tuesday, March 06, 2007

TPU 105.00: Substitute teachers may have reasonable


7. The following is current Commission policy, Appeal No. 82-4799-10-0782 (TPU 105.00), with regard to substitute teachers:

8. The following are some factors the Hearing Officer should keep in mind when deciding whether or not a substitute teacher had reasonable assurance of being called the next year or term:

    1. The Hearing Officer should find out how long the claimant has been on a substitute teacher list for this employer and how many times they have been called.

    2. The Hearing Officer should also determine the total number of people on the past substitute list and the probable number of people on the next year's list.

    3. The method the employer uses in determining what people will be called from the substitute list should be explored.



APPEALS POLICY AND PRECEDENT MANUAL

TOTAL AND PARTIAL UNEMPLOYMENT

TPU 105.00

TPU 105.00 CONTRACT OBLIGATION.
INCLUDES CASES IN WHICH THE CLAIMANT'S CONTRACTS
OR AGREEMENTS HAVE AN EFFECT ON DETERMINING HIS
UNEMPLOYMENT STATUS.

Appeal No. 82-4799-10-0782. Substitute teachers may have reasonable

assurance of continued employment within the meaning of
Section 3(f) (now codified as Section 207.041) of the Act. In determining
whether such reasonable assurance exists with regard to
substitute teachers, the following criteria should be utilized:
The school district must furnish to the Commission
written statements which provide facts that the substitute
teacher has been asked to continue in the
same capacity for the following academic year. Simply
placing the substitute teacher on a list for the following
year does not establish reasonable assurance.
It must be shown that both parties expect the relationship
to resume at the beginning of the following
year. The assurance must also be based on past experience
with regard to the number of substitutes
needed in the past.


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