The Nogoodniks cut my pay!!

The teacher claims that she received a stipend of $6000 for teaching three dual credit courses last year, but is only getting $4500 this year.  The district cut her stipend by $1500 without written notice, and after the deadline for her to resign without penalty. Is that OK?

It might be.  The Commissioner said it was OK in McDaniel v. Llano ISD.  That’s because the teacher’s total compensation was not cut.  The payment for the dual credit courses came on top of her regular salary.  Apparently the district made up the $1500 difference by raising the regular salary.

The rule is that the district cannot reduce compensation for a Chapter 21 employee after the “penalty free resignation” date. But the only number that counts is the total compensation. So if the portion coming from the state goes up (let’s hope!) the portion coming from the local district might go down.  If a stipend is eliminated or reduced, but the total compensation remains at least the same, the district has complied with the law.  So if the teacher made $48,000 last year, her only guarantee is that she will make at least $48,000 this year.  How the district gets to that figure is within its discretion.

The case was decided by the Commissioner on December 21, 2018.  It’s Docket No. 054-R10-05-2018. 


Tomorrow: Do you take transfer students?  How ‘bout those with disabilities?