Houstonindependentschool Before Robertj.Thomas

TEA DOCKET 087-LH-0411

HOUSTONINDEPENDENTSCHOOL§BEFORE ROBERTJ.THOMAS

DISTRICT, §

Petitioner, §

v,§CERTIFIED HEARING EXAMINER

CHRISTIANA ORIGHO-NDAME,§

Respondent.§TEXAS EDUCATION AGENCY

RECOMMENDATION OF HEARING EXAMINER

Statement of the Case

Respondent, Ms.ChristianaOrigho-Ndame, appeals the proposed decision of the Petitioner, the HoustonIndependentSchool District, hereinafter referred to as “HISD”, to nonrenewher one yearterm contract of employment as a teacher. On or about March 10, 2011, the HISD Board of Trustees voted to propose the nonrenewal of the one-yearterm contract and employment of Ms.Origho-Ndame. On or about April 1, 2011, the Respondent timely filed a written request for an appeal hearing before a Texas Education Agency certified independent hearing examiner. RobertJ.Thomas was appointed by the TEA to hear the Respondent’s appeal. HISD was represented by Ms.KayeDeWalt,an attorney with the law firm of Littler Mendelson, P.C. Mr. Edmond N. O’Suji, an Attorney at Law, represented the Respondent.

HISD contends that it has reasons tononrenew the one-yearterm contract of the Respondent, and based their decision on the followingspecific provisions of the HISD Board Policy DFBB (LOCAL) regarding the nonrenewal of any employee’s term contract:

‘any reason specified in the employee’s employment contract’; and,
‘any reason constituting good cause for terminating the contract during its term; and,
‘Any action or event that the Board determines creates a financial exigency and a need to reduce expenditures for personnel, such as, but not limited to, declines in enrollment or tax revenues, reductions in funding, or change of program shall constitute cause for termination at any time during the term of this contract.’ (Section 10 of the term contract).

Background Information

This is a proposed nonrenewal based on the loss of grant funding and the financial exigency caused by the significant reduction of funding from the State of Texas to the HoustonIndependentSchool District during this calendar year.

Ms.Origho-Ndame hasworked for HISD as a teacher for the past six (6) school years at DeChaumesElementary School. (Tr. page 225, line19- page 227, line 23).

On March 10, 2011, the HISD Board of Trustees authorized the Superintendent of Schools to give Ms.Origho-Ndame notice that a proposed decision to nonrenew her one-yeartermcontract was pending before the Board of Trustees (HISD Exhibit “4”).

On March 11, 2011, Mr. Terry B. Grier, the Superintendent of Schools tendered notice to Ms.Origho-Ndame that a proposed decision tononrenew herone-year term contract was pending before the Board of Trustees and advised her of the appeal procedures. (HISD Exhibit “4”).

On or about April 1, 2011,the Texas Education Agency received a request for the appointment of this hearing examiner regarding the proposed nonrenewalof Ms.Origho-Ndame. On April 13, 2011, the Texas Education Agency appointed RobertJ.Thomas as the certified independent hearing examiner to preside over this matter. A pre-hearing telephone conference call was conducted on April 22, 2011; and a pre-hearing docket control order was issued. Also, on April 22, 2011, both parties mutually agreed to extend the filing deadline for the hearing examiner’s opinion.

The hearing regarding this appeal was conducted onone(1) day in the HISD administration building. The hearing was conducted on Tuesday, June 7, 2011. The hearing was conducted in compliance with §21.256 of the Public Education Code. After both parties rested, the Hearing Examiner declared that the hearing was completed and the enclosed Findings of Fact and Conclusions of Law are based solely on the admissible evidence introduced during the hearing.

Findings of Fact

After due consideration of the evidence and matters officially noticed, in my capacity, as the Certified Hearing Examiner, I make the following Findings of Fact (citations to evidence are not exhaustive, but are intended to indicate some of the basis for the particular Finding of Fact):

Ms.ChristianaOrigho-Ndame wasemployed undera one-yearterm contract pursuant to an operation of law and §21.204of the Texas Education Code. ( HISD’s Exhibit # 5)

2. Ms.Origho-Ndamewas an employee in good standing with the HISD and her job

performance was not an issue in the decision to nonrenew her term contract. Please see the testimony of:PrincipalSandyGaw (Tr. Pages 102-171); (HISD Exhibits # 2, 21).

3.Ms.Origho-Ndamewas an employee of HISD as a Multi-Grade Teacher at DeChaumesElementary School and her position was funded through the Title One Part A-ARRA Federal Stimulus Funds. Please see the testimony of:Principal SandyGaw (Tr. Pages 102-171); (HISD Exhibits # 1,2, 3,7,8,9, 13, 21).

4. The funding source for Ms.Origho-Ndame’s teaching position was cancelled and did not extend into the 2011-2012 school year. Please see the testimony of: Ms.SharonEaves (Tr. Pages 31-62); Please see the testimony of: Principal SandyGaw (Tr. Pages 102-171); (HISD Exhibits # 7, 12, 13, 14, 15).

5. Ms.Origho-Ndame’s one year term contract contained specific language (Section ten) that ‘employment in a federally or categorically funded position is expressly conditioned upon the availability of full funding and any reduction of such funding constitutes good cause for termination at any time during the term of the contract’.(HISD Exhibit # 5). Please see the testimony of: Ms.SharonEaves (Tr. Pages 31-62); Please see the testimony of: Principal SandyGaw (Tr. Pages 102-171);

Good Cause

6.Good cause exists for the nonrenewal of the one-year termcontract of employment between Ms.Origho-Ndame and the HISD.

Conclusions of Law

After due consideration of the record, matters officially noticed, and the foregoing Findings of Fact, in my capacity as the Hearing Examiner, I make the following conclusions of law:

The Hearing Examiner has jurisdiction of this subject matter pursuant to Chapter 21, Sub-chapter F, §21.251 (a)(2) of the Texas Education Code.

2. The Respondent, Ms.Origho-Ndame, is a “teacher” as defined in Sub-chapter C, §21.101 of the Texas Education Code.

3. The Respondent, Ms.Origho-Ndame, was employed as a teacher by HISD pursuant to a one-year term contract as defined in Sub-chapter C, §21.204 of the Texas Education Code.

4. The Respondent, Ms.Origho-Ndame, was recommended for nonrenewal pursuant to the authority inSub-chapter C, §21.206(a) of the Texas Education Code.

5“Good cause” is determined by the board of trustees.” §21.211(a).

6. The appeal by the Respondent, Ms.Origho-Ndame, was conducted pursuant to the TexasEducation Code, Sub-chapter F, §21.256 and the findings of fact were publishedpursuant to a preponderance of the evidence.

Recommendation

After due consideration of the evidence and matters officially noticed, and the foregoing Findings of Fact and Conclusions of Law, in my capacity as the Hearing Examiner, I respectfully recommend that the Board of Trustees of the HISD adopt the foregoing Findings of Fact and Conclusions of Law and nonrenew the one-year termcontract of Ms.Origho-Ndame with the HISD.

Ms.Origho-Ndame’s appeal of the recommended nonrenewal of herone-year term contract is and should be DENIED.

SIGNED AND ISSUED this _____12th______day of July2011.

Respectfully submitted,

/S/

______

RobertJ.Thomas

TSB#19867300; Fed. I.D. 13288

1001 Texas Avenue, Suite 1400

Houston, Texas77002

713-862-5634; 713-862-1214 Fax

Certified Independent Hearing Examiner

Texas Education Agency, Austin, Texas

State of Texas

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Recommendation of the Hearing Examiner has been served upon all counsel, by depositing copies in the U.S. Mail, first-class and postage prepaid, addressed as shown below on this __12th_____ day of July2011, to the following addresses:

Ms.KayeDeWalt

Littler Mendelson Via Facsimile No. 713-951-9212 and Email

1301 McKinney Street, Suite 1900

Houston, Texas77010

Mr. EdmondO’SujiVia Facsimile No. 832-217-2913 and Email

Attorney at Law

9119 South Gessner Road, Suite 127

Houston, Texas77074

/S/