The Texas Education Code provides for three basic types of teacher contracts: probationary, continuing and term.
Teachers must know which type of contract they have before they can determine their statutory rights.
Note: These statutory provisions do not apply to charter schools and may be modified by school districts with a district of innovation plan.
Resignation — A teacher wishing to resign their upcoming contract must submit a resignation letter at least 45 days prior to the first day of instruction in the upcoming school year. This is the first day students return in your district, not the first day teachers return. If you miss this deadline, you must obtain permission from your district to resign, or the district can report you to the State Board for Educator Certification for contract abandonment. The typical sanction for abandoning a contract is a 12-month suspension of your license. Note: If you give the district at least 30 days’ notice prior to the first day of instruction, but not the full 45 days, SBEC may not suspend or revoke your teaching certificate. However, SBEC may impose a sanction such as an inscribed or non-inscribed reprimand. For more, click here.
Return to probationary contract — A teacher may be returned to probationary status in lieu of discharge only if the teacher agrees. If the superintendent provides written notice to a teacher of their intention to recommend discharge, termination or nonrenewal, that notice must inform the teacher of their right to consider the offer and seek counsel, and must give them at least three business days to agree to return to probationary contract status.
Void contract — A contract is void and can be terminated without a hearing if the teacher does not hold a valid certificate or permit, or fails to fulfill the requirements for renewal or extension of a certificate or permit, including failure to comply with a criminal background check. Pursuant to legislation initiated by TCTA, a certificate does not lapse if there is a delay in processing by SBEC. A district may not terminate a teacher’s contract that is void if no later than the 10th day after it is void, the teacher takes necessary measures to renew, extend or validate the permit with SBEC (click here for more). If a district voids a teachers’ contract, it has the right to (1) terminate the employee, (2) suspend the employee with or without pay, or (3) retain the employee for the rest of the school year as an “at-will” employee at the same or a reduced rate of pay.
Definition: A probationary contract is for one year only; it may be renewed for two additional one-year periods. A board of trustees can determine that a fourth year probationary period is necessary if, during the teacher’s third year, the board determines that it is doubtful whether the teacher should be given a continuing or term contract. 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 non-probationary contract. A teacher who returns to a district after a two-year lapse in employment receives a probationary contract.
Discharge during term (year) or suspension without pay: 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. If the district has declared a financial exigency that requires a reduction in personnel, the district may use the procedures applicable to an end-of-term discharge for a term contract.
Discharge — end of term (year): 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 10 days before the last day of instruction.
Definition: This contract has an indefinite duration. The contractual rights last until the teacher resigns, retires, is released at the end of the school year because of a reduction in personnel, or is discharged for good cause. There is no need for annual nomination or reappointment.
Discharge during term (year) or suspension without pay: 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.
Discharge — end of term (year): 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 of personnel. If the district has declared a financial exigency, the procedures applicable to an end-of-term discharge for a term contract can be used by the district.
Definition: 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.
Discharge during term (year) or suspension without pay: The action must be taken for good cause as determined by the school district, or as a result of 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. If the district has declared a financial exigency, the procedures applicable to an end-of-term discharge can be used by the district.
Discharge — end of term (year): The discharge must be for reasons contained in the district policy. Teachers must receive district notice of renewal or nonrenewal at least 10 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, except that school districts with more than 5,000 students may use an attorney who does not represent districts or school employees to hold the hearing. The decision can be appealed only if it is arbitrary, capricious, unlawful or not supported by substantial evidence. The teacher has 15 days to request a hearing.
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