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TITLE 19EDUCATION
PART 2TEXAS EDUCATION AGENCY
CHAPTER 105FOUNDATION SCHOOL PROGRAM
SUBCHAPTER CCCOMMISSIONER'S RULES CONCERNING SEVERANCE PAYMENTS
RULE §105.1021Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

  (1) Severance payment--Any amount paid by the board of trustees of an independent school district to or in behalf of a superintendent on early termination of the superintendent's contract that exceeds the amount earned by the superintendent under the contract as of the date of termination, including any amount that exceeds the amount of earned standard salary and benefits that is paid as a condition of termination of the contract. Payments to a former superintendent who remains employed by a school district in another capacity or contracts with a school district for services may be severance payments in whole or in part, if the payments are compensation for the early termination of a prior employment agreement.

  (2) Superintendent--The educational leader and chief executive officer of an independent school district. "Departing superintendent" means an individual no longer acting as superintendent and includes a former superintendent who is employed by or contracts with the same school district in any other capacity.

  (3) Settlement--A payment made to an employee to settle actual or threatened litigation, or to resolve an actual or disputed claim the employee may have against the employer. A settlement does not include payments for the early termination of a contract. Damages for early termination of an employment contract, including loss of benefits, are severance payments regardless of whether litigation has commenced or the form of the settlement. For a written agreement entered into on or after September 1, 2001, a severance payment includes any payment for actual or threatened litigation involving or related to the employment contract.

  (4) Foundation School Program (FSP) reduction amount--The portion of a severance payment to a superintendent that is deducted from an independent school district's FSP funds, which is calculated in accordance with provisions in §105.1022(a)(3) of this title (relating to Severance Payments to Superintendents) for payments made on or after September 1, 2001, or §105.1022(b)(3)(A) of this title for payments made prior to September 1, 2001, consistent with an independent school district's election to apply provisions of §105.1022(a) or (b) of this title.


Source Note: The provisions of this §105.1021 adopted to be effective November 27, 2001, 26 TexReg 9624

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