Can a school district that is closed due to the hurricane continue to pay its teachers?
The Texas Constitution generally prohibits payments to staff beyond those that are legally required by the employment contract or agreement. However, two options are possible in extreme circumstances like Hurricane Ike. Under emergency circumstances, school district may apply to shorten the required number of days of service by a contract employee under Section 21.401 of the Education Code to coincide with a shortened district calendar. Districts should carefully consider this option to be sure that necessary services will still be required by the contract when school reopens. Alternatively, some district after Hurricane Rita passed resolutions determining that the district itself benefited from employee retention and paid contract and hourly staff on that basis. Either option should first be reviewed with local counsel and in light of local contract provisions and employment policies..
