“Subject to assignment and reassignment”….but there are limits.

The district hired Tracy Lutich as Athletic Coordinator.  Midway through the year the superintendent reassigned Ms. Lutich to be a business teacher at the high school.  The Commissioner concluded that the reassignment was improper.

District policy (DK Local) defined “reassignment” as “a transfer to another position, department, or facility that does not necessitate a change in the employment contract of a contract employee.”  (Emphasis added).  This transfer, according to the Commissioner, necessitated a change in the contract:

Petitioner’s reassignment necessitated a change in her employment contract because her contract was entitled “Term Contract Athletic Coordinator,” an administrator’s position. The terms of that contract confirmed that it was an administrator’s position in number of work days, pay grade, and job description. It is undisputed that administrator is a different professional capacity than teacher.  Accordingly, by the terms of Respondent’s own policy, the superintendent’s reassignment of Petitioner was not proper.

This reassignment later turned into a proposed nonrenewal. We’ll tell you how that came out tomorrow. The case is Lutich v. Fabens ISD, decided by the Commissioner on November 5, 2019.  It’s Docket No. 002-R1-09-2019.


Tomorrow: the reassignment leads to a nonrenewal.