Sec. 21.212.  APPLICABILITY OF SUBCHAPTER TO SUPERINTENDENTS.  (a)  The board of trustees of a school district may choose to not renew the employment of a superintendent employed under a term contract, effective at the end of the contract period.  If a majority of the board of trustees determines that the term contract of the superintendent should be considered for nonrenewal, the board shall give the superintendent written notice, containing reasonable notice of the reason for the proposed nonrenewal, not later than the 30th day before the last day of the contract term.
(b)  If the board of trustees fails to give notice of the proposed nonrenewal within the time specified by Subsection (a), the board of trustees shall employ the superintendent in the same professional capacity for the following school year.
(c)  If the superintendent, not later than the 15th day after receiving notice of the board's proposed action, does not request a hearing with the board of trustees under Section 21.207, the board of trustees shall:
(1)  take the appropriate action;  and
(2)  notify the superintendent in writing of the action not later than the 30th day after the date the board sends the notice of the proposed nonrenewal.
(d)  The board of trustees shall adopt policies that establish reasons for nonrenewal.  This section does not prohibit a board of trustees from discharging a superintendent for good cause during the term of a contract.
(e)  A superintendent employed under a term contract may leave the employment of the district at the end of a school year without penalty by filing a written resignation with the board of trustees.  The resignation must be addressed to the board and filed not later than the 45th day before the first day of instruction of the following school year.  A superintendent may resign, with the consent of the board of trustees, at any other time.
(f)  On the basis of a financial exigency declared under Section 44.011 that requires a reduction in personnel, the board of trustees of a school district may choose to amend the terms of the contract of a superintendent employed under a term contract.  A superintendent whose contract is amended under this subsection may resign without penalty by providing reasonable notice to the board and may continue employment for that notice period under the prior contract.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by: 
Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 11, eff. September 28, 2011.