Resources

A word about
TCTA’s annual
Survival Guide

Information contained in the TCTA Survival Guide is current as of summer 2010 but is subject to change. To be sure what you are viewing is current, the date the information was posted or updated will be located at the bottom of each page.

The Texas Classroom Teachers Association’s Survival Guide provides up-to-date information on education-related topics for Texas teaching professionals. Please note that the Survival Guide does not substitute for the advice of an attorney. Members who have questions or need further information may contact the TCTA staff by calling (888) 879-8282 or by sending an e-mail to webmaster@tcta.org. General questions of a legal nature may be sent online using our “Ask-A-Lawyer” response center at tcta.org.

Teacher contracts

The Texas Education Code provides for three basic types of teacher contracts: probationary, continuing and term.

Teacher contracts are governed by Chapter 21 of the Texas Education Code. The
definition of “teacher” for purposes of Chapter 21 is a principal, supervisor, classroom teacher, counselor or other full-time professional employee who is required to hold a certificate issued by the State Board for Educator Certification (including educational diagnostician), or a nurse. Superintendents may receive term contracts, but not probationary or continuing contracts.

The type of contract must be known before a teacher can determine his/her statutory rights. The chart below provides a general description of Texas’ three contracts.

Important provisions:

Resignation

A teacher wishing to resign must do so prior to 45 days before the first instructional day or else must obtain permission from the district. Failure to comply could be considered contract abandonment and result in certification sanctions.

Return to probationary contract

A teacher may be returned to probationary status in lieu of discharge only upon
agreement by the teacher.

When not certified to teach assigned subject

A teacher assigned out of field must hold a permit issued by the State Board for
Educator Certification or fulfill the requirements to extend a permit; otherwise, the teacher’s contract is void.

Hearing officer

The hearing officer in covered hearings is an attorney appointed from a list compiled by the commissioner of education. The attorney may not also represent districts, school employees and/or employee associations. The hearing officer’s fact-finding may be overturned by the school board or on appeal only if deemed to be arbitrary and capricious.

Type of contract/duration

Discharge during term (year) or suspension without pay

Discharge - end of term (year)

Probationary

A probationary contract is for one year only; it may be renewed for two additional one-year periods. (A local school board may authorize a fourth probationary year for an individual employee.) Teachers transferring to a new district who have been employed in public schools for at least five of the previous eight years are probationary for only one year, although the district has the option to offer a nonprobationary contract. A teacher who returns to a district after a two-year lapse in employment receives a probationary contract.

The action must be taken for good cause as determined by the school district. Good cause is defined as failure to meet the accepted standards of conduct for the profession as generally recognized and applied in similarly situated districts. The teacher has a right to request a hearing before an independent hearing officer. The request for a hearing must be received by the commissioner of education within 15 days.

The discharge must be in the best interest of the district as determined by the board; it is not appealable. A teacher must receive district notice of the discharge at least 45 days before the last day of instruction. State law does not entitle a probationary teacher whose contract is not being renewed to a hearing before the local board.

Continuing

This contract has an indefinite duration. The contractual rights last until the teacher resigns, retires or is discharged for good cause. There is no need for annual nomination or reappointment.

The action must be taken for good cause as determined by the school district. Good cause is defined as failure to meet the accepted standards of conduct for the profession as generally recognized and applied in similarly situated districts. The teacher has a right to request a hearing before an independent hearing officer. The local school board must be given notice of appeal within 10 days and the commissioner of education must be notified within 15 days.

The action must be for good cause. The same standards and rights apply as outlined for discharges during the year. Releases may be allowed for necessary reduction in force, with teaching-field discharges in reverse order of seniority.

Term

A term contract may not exceed five school years; it is usually for one or two years. In term contract districts, teacher contracts are regularly considered for “renewal” by the local school board.

The action must be taken for good cause as determined by the school district, or a financial exigency that requires a reduction in personnel. The teacher has a right to request a hearing before an independent hearing officer. The request for a hearing must be received by the commissioner of education within 15 days.

The discharge must be for reasons contained in the district policy. Teachers must receive district notice of renewal or nonrenewal at least 45 days before the last day of instruction. A teacher’s appraisal must be considered if it is relevant to the discharge. The teacher is entitled to a school board hearing. The decision is appealable only if it is arbitrary, capricious, unlawful or not supported by substantial evidence. The teacher has 15 days to request a hearing.

Updated: 09/09/10