reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter B. Certification of Educators › Section 21.050. Academic Degree Required for Teaching Certificate; Field-Based Experience or Internship

Sec. 21.050.  ACADEMIC DEGREE REQUIRED FOR TEACHING CERTIFICATE; FIELD-BASED EXPERIENCE OR INTERNSHIP.  (a)  A person who applies for a teaching certificate for which board rules require a bachelor's degree must possess a bachelor's degree received with an academic major or interdisciplinary academic major, including reading, that is related to the curriculum as prescribed under Subchapter A, Chapter 28.
(b)   The board shall provide for a minimum number of semester credit hours of field-based experience or internship to be included in the credit hours needed for certification.  The board may propose rules requiring additional credit hours for certification in bilingual education, English as a second language, early childhood education, or special education.
(c)  A person who receives a bachelor's degree required for a teaching certificate on the basis of higher education coursework completed while receiving an exemption from tuition and fees under Section 54.363 may not be required to participate in any field experience or internship consisting of student teaching to receive a teaching certificate.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 1997, 75th Leg., ch. 524, Sec. 1, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 74, Sec. 2, eff. May 14, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 2, eff. January 1, 2012.
Acts 2019, 86th Leg., R.S., Ch. 206 (H.B. 3217), Sec. 1, eff. May 24, 2019.
Acts 2019, 86th Leg., R.S., Ch. 206 (H.B. 3217), Sec. 2, eff. May 24, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter B. Certification of Educators › Section 21.0525. Certification of Certain Military Instructors; Temporary Teaching Certificate

Sec. 21.0525.  CERTIFICATION OF CERTAIN MILITARY INSTRUCTORS; TEMPORARY TEACHING CERTIFICATE.  (a)  The board shall propose rules providing for a person who holds a bachelor's degree and has at least two semesters' experience as a full-time instructor for the Community College of the Air Force to:
(1)  be issued a temporary teaching certificate on the person's enrollment in an educator preparation program; and
(2)  receive credit for the person's education, training, and clinical or professional experience as an instructor for the Community College of the Air Force toward the requirements for completion of an educator preparation program, including requirements regarding coursework, field-based experience, or clinical experience.
(b)  A temporary teaching certificate issued under this section is valid for a term of one year from the date of issuance.
Added by Acts 2023, 88th Leg., R.S., Ch. 1073 (S.B. 544), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter B. Certification of Educators › Section 21.053. Presentation and Recording of Certificates

Sec. 21.053.  PRESENTATION AND RECORDING OF CERTIFICATES.  (a)  A person who desires to teach in a public school shall present the person's certificate for filing with the employing district before the person's contract with the board of trustees of the district is binding.
(b)  An educator who does not hold a valid certificate may not be paid for teaching or work done before the effective date of issuance of a valid certificate.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter B. Certification of Educators › Section 21.0541. Continuing Education Credit for Instruction Related to Use of Automated External Defibrillator

Sec. 21.0541.  CONTINUING EDUCATION CREDIT FOR INSTRUCTION RELATED TO USE OF AUTOMATED EXTERNAL DEFIBRILLATOR.  The board shall adopt rules allowing an educator to receive credit towards the educator's continuing education requirements for completion of an instructional course on the use of an automated external defibrillator that meets any guidelines for automated external defibrillator training approved by the board.
Added by Acts 2015, 84th Leg., R.S., Ch. 1143 (S.B. 382), Sec. 1, eff. June 19, 2015.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 545 (S.B. 199), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter B. Certification of Educators › Section 21.0543. Continuing Education Credit for Instruction Related to Digital Technology

Sec. 21.0543.  CONTINUING EDUCATION CREDIT FOR INSTRUCTION RELATED TO DIGITAL TECHNOLOGY.  The board shall propose rules allowing an educator to receive credit toward the educator's continuing education requirements for completion of education courses that:
(1)  use technology to increase the educator's digital literacy; and
(2)  assist the educator in the use of digital technology in learning activities that improve teaching, assessment, and instructional practices.
Added by Acts 2017, 85th Leg., R.S., Ch. 757 (S.B. 1839), Sec. 9, eff. June 12, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter B. Certification of Educators › Section 21.056. Additional Certification

Sec. 21.056.  ADDITIONAL CERTIFICATION.  The board by rule shall provide for a certified educator to qualify for additional certification to teach at a grade level or in a subject area not covered by the educator's certificate upon satisfactory completion of an examination or other assessment of the educator's qualification.
Added by Acts 1997, 75th Leg., ch. 1356, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter B. Certification of Educators › Section 21.057. Parental Notification

Sec. 21.057.  PARENTAL NOTIFICATION.  (a)  A school district that assigns an inappropriately certified or uncertified teacher to the same classroom for more than 30 consecutive instructional days during the same school year shall provide written notice of the assignment to a parent or guardian of each student in that classroom.
(b)  The superintendent of the school district shall provide the notice required by Subsection (a) not later than the 30th instructional day after the date of the assignment of the inappropriately certified or uncertified teacher.
(c)  The school district shall:
(1)  make a good-faith effort to ensure that the notice required by this section is provided in a bilingual form to any parent or guardian whose primary language is not English;
(2)  retain a copy of any notice provided under this section;  and
(3)  make information relating to teacher certification available to the public on request.
(d)  For purposes of this section, "inappropriately certified or uncertified teacher":
(1)  includes:
(A)  an individual serving on an emergency certificate issued under Section 21.041(b)(2);  or
(B)  an individual who does not hold any certificate or permit issued under this chapter and is not employed as specified by Subdivision (2)(E);  and
(2)  does not include an individual:
(A)  who is a certified teacher assigned to teach a class or classes outside his or her area of certification, as determined by rules proposed by the board in specifying the certificate required for each assignment;
(B)  serving on a certificate issued due to a hearing impairment under Section 21.048;
(C)  serving on a certificate issued pursuant to enrollment in an approved alternative certification program under Section 21.049;
(D)  certified by another state or country and serving on a certificate issued under Section 21.052;
(E)  serving on a school district teaching permit issued under Section 21.055;  or
(F)  employed under a waiver granted by the commissioner pursuant to Section 7.056.
(e)  This section does not apply if a school is required in accordance with Section 1006, Every Student Succeeds Act (20 U.S.C. Section 6312(e)(1)(B)(ii)), to provide notice to a parent or guardian regarding a teacher who does not meet certification requirements at the grade level and subject area in which the teacher is assigned, provided the school provides notice as required by that Act.
Added by Acts 1999, 76th Leg., ch. 680, Sec. 1, eff. June 18, 1999.  Amended by Acts 2003, 78th Leg., ch. 1027, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 372 (H.B. 3563), Sec. 1, eff. June 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter B. Certification of Educators › Section 21.0581. Revocation for Assisting Person Who Engaged in Sexual Misconduct Obtain Employment

Sec. 21.0581.  REVOCATION FOR ASSISTING PERSON WHO ENGAGED IN SEXUAL MISCONDUCT OBTAIN EMPLOYMENT.  (a)  The board may suspend or revoke a certificate held by a person under this subchapter, impose other sanctions against the person, or refuse to issue a certificate to the person under this subchapter if:
(1)  the person assists another person in obtaining employment at a school district, private school, or open-enrollment charter school, other than by the routine transmission of administrative and personnel files; and
(2)  the person knew that the other person has previously engaged in sexual misconduct with a minor or student in violation of the law.
(b)  The commissioner may require a school district to revoke or decline to issue a school district teaching permit under Section 21.055 issued to or requested by a person subject to board action under Subsection (a).
Added by Acts 2017, 85th Leg., R.S., Ch. 178 (S.B. 7), Sec. 12, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 986 (S.B. 1230), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter B. Certification of Educators › Section 21.0585. Notice to Agency Regarding Revocation of Certificate or Permit for Certain Misconduct

Sec. 21.0585.  NOTICE TO AGENCY REGARDING REVOCATION OF CERTIFICATE OR PERMIT FOR CERTAIN MISCONDUCT.  The board shall promptly notify the agency for purposes of Section 22.092 if the board revokes a certificate or permit of a person on a finding that the person engaged in misconduct described by Section 21.006(b)(2)(A) or (A-1).
Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.012, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter B. Certification of Educators › Section 21.059. Extension of Certain Deadlines for Active Duty Military Personnel

Sec. 21.059.  EXTENSION OF CERTAIN DEADLINES FOR ACTIVE DUTY MILITARY PERSONNEL.  A person who holds a certificate or permit under this subchapter who is a member of the state military forces or a reserve component of the armed forces of the United States and who is ordered to active duty by proper authority is entitled to an additional amount of time, equal to the total number of years or parts of years that the educator serves on active duty, to complete:
(1)  any continuing education requirements; and
(2)  any requirements relating to renewal or extension of the person's certificate or permit.
Added by Acts 2005, 79th Leg., Ch. 675 (S.B. 143), Sec. 3, eff. June 17, 2005.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter B. Certification of Educators › Section 21.060. Eligibility of Persons Convicted of Certain Offenses

Sec. 21.060.  ELIGIBILITY OF PERSONS CONVICTED OF CERTAIN OFFENSES.  The board may suspend or revoke the certificate or permit held by a person under this subchapter, impose other sanctions against the person, or refuse to issue a certificate or permit to a person under this subchapter if the person has been convicted of a felony or misdemeanor offense relating to the duties and responsibilities of the education profession, including:
(1)  an offense involving moral turpitude;
(2)  an offense involving a form of sexual or physical abuse of a minor or student or other illegal conduct in which the victim is a minor or student;
(3)  a felony offense involving the possession, transfer, sale, or distribution of or conspiracy to possess, transfer, sell, or distribute a controlled substance, as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et seq.;
(4)  an offense involving the illegal transfer, appropriation, or use of school district funds or other district property; or
(5)  an offense involving an attempt by fraudulent or unauthorized means to obtain or alter a professional certificate or license issued under this subchapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 5, eff. June 15, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter B. Certification of Educators › Section 21.061. Review and Updating of Educator Preparation Programs

Sec. 21.061.  REVIEW AND UPDATING OF EDUCATOR PREPARATION PROGRAMS.  The board shall, after consulting with appropriate higher education faculty and public school teachers and administrators and soliciting advice from other interested persons with relevant knowledge and experience, develop and carry out a process for reviewing and, as necessary, updating standards and requirements for educator preparation programs.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1292 (H.B. 2318), Sec. 3, eff. June 14, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter B. Certification of Educators › Section 21.062. Issuance of Subpoenas

Sec. 21.062.  ISSUANCE OF SUBPOENAS.  (a)  During an investigation by the commissioner of an educator for an alleged incident of misconduct, the commissioner may issue a subpoena to compel:
(1)  the attendance of a relevant witness; or
(2)  the production, for inspection or copying, of relevant evidence that is located in this state.
(b)  A subpoena may be served personally or by certified mail.
(c)  If a person fails to comply with a subpoena, the commissioner, acting through the attorney general, may file suit to enforce the subpoena in a district court in this state.  On finding that good cause exists for issuing the subpoena, the court shall order the person to comply with the subpoena.  The court may punish a person who fails to obey the court order.
(d)  All information and materials subpoenaed or compiled in connection with an investigation described by Subsection (a) are confidential and not subject to disclosure under Chapter 552, Government Code.
(e)  Except as provided by a protective order, and notwithstanding Subsection (d), all information and materials subpoenaed or compiled in connection with an investigation described by Subsection (a) may be used in a disciplinary proceeding against an educator based on an alleged incident of misconduct.
Added by Acts 2015, 84th Leg., R.S., Ch. 931 (H.B. 2205), Sec. 13, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 178 (S.B. 7), Sec. 13, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter B. Certification of Educators › Section 21.063. Teacher Designations on Certificate

Sec. 21.063.  TEACHER DESIGNATIONS ON CERTIFICATE.  The board shall place on or remove from a teacher's certificate the appropriate designation issued to the teacher under Section 21.3521:
(1)  after being notified by the agency of the issuance or removal of the designation; or
(2)  if the board determines that removal of the designation is necessary because of action taken against the teacher's certificate.
Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.006, eff. June 12, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter B. Certification of Educators › Section 21.064. Legacy Master Teacher Certifications

Sec. 21.064.  LEGACY MASTER TEACHER CERTIFICATIONS.  (a)  The board shall recognize a master teacher certificate issued under former Section 21.0481, 21.0482, 21.0483, or 21.0484 until the certificate expires.  The board shall note a designation of "legacy" on the certificate.
(b)  A master teacher certificate described by Subsection (a) is not eligible for funding under the teacher incentive allotment under Section 48.112.
Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.006, eff. June 12, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter B. Certification of Educators › Section 21.065. Notice to Teacher Regarding Suspension of Certificate or Permit

Sec. 21.065.  NOTICE TO TEACHER REGARDING SUSPENSION OF CERTIFICATE OR PERMIT.  (a)  In this section, "teacher" means a superintendent, principal, supervisor, classroom teacher, school counselor, paraprofessional, or other full-time professional employee who is required to hold a certificate issued under this subchapter.
(b)  Except as provided by Subsection (c), on the suspension of a teacher's certificate or permit issued under this subchapter, the board shall promptly notify the teacher of the suspension.  The notice must include:
(1)  the basis for the suspension; and
(2)  information regarding the method in which the teacher may respond to the suspension.
(c)  Subsection (b) does not apply to the suspension of a teacher's certificate or permit by an agreed order.
Added by Acts 2021, 87th Leg., R.S., Ch. 1030 (H.B. 2519), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter C. Probationary Contracts › Section 21.101. Definition

Sec. 21.101.  DEFINITION.  In this subchapter, "teacher" means a principal, supervisor, classroom teacher, school counselor, or other full-time professional employee who is required to hold a certificate issued under Subchapter B or a nurse.  The term does not include a superintendent or a person who is not entitled to a probationary, continuing, or term contract under Section 21.002, an existing contract, or district policy.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 9, eff. June 14, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter C. Probationary Contracts › Section 21.103. Probationary Contract: Termination

Sec. 21.103.  PROBATIONARY CONTRACT:  TERMINATION.  (a)  The board of trustees of a school district may terminate the employment of a teacher employed under a probationary contract at the end of the contract period if in the board's judgment the best interests of the district will be served by terminating the employment.  The board of trustees must give notice of its decision to terminate the employment to the teacher not later than the 10th day before the last day of instruction required under the contract.  The notice must be delivered personally by hand delivery to the teacher on the campus at which the teacher is employed, except that if the teacher is not present on the campus on the date that hand delivery is attempted, the notice must be mailed by prepaid certified mail or delivered by express delivery service to the teacher's address of record with the district.  Notice that is postmarked on or before the 10th day before the last day of instruction is considered timely given under this subsection.  The board's decision is final and may not be appealed.
(b)  If the board of trustees fails to give the notice of its decision to terminate the teacher's employment within the time prescribed by Subsection (a), the board must employ the probationary teacher in the same capacity under:
(1)  a probationary contract for the following school year, if the teacher has been employed by the district under a probationary contract for less than three consecutive school years;  or
(2)  a continuing or term contract, according to district policy, if the teacher has been employed by the district under a probationary contract for three consecutive school years.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 1999, 76th Leg., ch. 396, Sec. 2.05, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 3, eff. September 28, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter C. Probationary Contracts › Section 21.104. Discharge During Year or Suspension Without Pay Under Probationary Contract

Sec. 21.104.  DISCHARGE DURING YEAR OR SUSPENSION WITHOUT PAY UNDER PROBATIONARY CONTRACT.  (a)  A teacher employed under a probationary contract may be discharged at any time for good cause as determined by the board of trustees, good cause being the failure to meet the accepted standards of conduct for the profession as generally recognized and applied in similarly situated school districts in this state.
(b)  In lieu of discharge or pending discharge, a school district may suspend a teacher without pay for good cause as specified by Subsection (a) for a period not to extend beyond the end of the current school year.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 4, eff. September 28, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter C. Probationary Contracts › Section 21.1041. Hearing Under Probationary Contract

Sec. 21.1041.  HEARING UNDER PROBATIONARY CONTRACT.  A teacher is entitled to:
(1)  a hearing as provided by Subchapter F, if the teacher is protesting proposed action under Section 21.104; or
(2)  a hearing in a manner provided under Section 21.207 for nonrenewal of a term contract or a hearing provided by Subchapter F, as determined by the board of trustees of the district, if the teacher is protesting proposed action to terminate a probationary contract before the end of the contract period on the basis of a financial exigency declared under Section 44.011 that requires a reduction in personnel.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 5, eff. September 28, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter C. Probationary Contracts › Section 21.105. Resignations Under Probationary Contract

Sec. 21.105.  RESIGNATIONS UNDER PROBATIONARY CONTRACT.  (a)  A teacher employed under a probationary contract for the following school year may relinquish the position and leave the employment of the district at the end of a school year without penalty by filing with the board of trustees or its designee a written resignation not later than the 45th day before the first day of instruction of the following school year.  A written resignation mailed by prepaid certified or registered mail to the president of the board of trustees or the board's designee at the post office address of the district is considered filed at the time of mailing.
(b)  A teacher employed under a probationary contract may resign, with the consent of the board of trustees or the board's designee, at any other time.
(c)  Subject to Subsections (e) and (f), on written complaint by the employing district, the State Board for Educator Certification may impose sanctions against a teacher employed under a probationary contract who:
(1)  resigns;
(2)  fails without good cause to comply with Subsection (a) or (b); and
(3)  fails to perform the contract.
(d)  If a school district submits a complaint regarding a teacher to the State Board for Educator Certification under Subsection (c), the district shall promptly notify the teacher of the complaint.  The notice must include:
(1)  the basis of the complaint;
(2)  information regarding how the teacher may contact the State Board for Educator Certification; and
(3)  a reminder that the teacher should verify that the teacher's mailing address on file with the State Board for Educator Certification is current.
(e)  Before imposing sanctions against a teacher under Subsection (c), the State Board for Educator Certification:
(1)  must consider any mitigating factors relevant to the teacher's conduct; and
(2)  may consider alternatives to sanctions, including additional continuing education or training.
(f)  If a teacher fails to timely file a written resignation as required by Subsection (a) but files a written resignation in the manner provided by that subsection not later than the 30th day before the first day of instruction of the following school year, the State Board for Educator Certification may not suspend or revoke the teacher's certificate under Subsection (c).
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 1030 (H.B. 2519), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter C. Probationary Contracts › Section 21.106. Return to Probationary Status

Sec. 21.106.  RETURN TO PROBATIONARY STATUS.  (a)  In lieu of discharging a teacher employed under a continuing contract, terminating a teacher employed under a term contract, or not renewing a teacher's term contract, a school district may, with the written consent of the teacher, return the teacher to probationary contract status.
(b)  Except as provided by Subsection (d), a teacher may agree to be returned to probationary contract status only after receiving written notice that the board of trustees of the school district has proposed discharge, termination, or nonrenewal.
(c)  A teacher returned to probationary contract status must serve a new probationary contract period as provided by Section 21.102 as if the teacher were employed by the district for the first time.
(d)  A teacher may agree to be returned to probationary contract status after receiving written notice of the superintendent's intent to recommend discharge, termination, or nonrenewal.  Notice under this subsection must inform the teacher of the school district's offer to return the teacher to probationary contract status, the period during which the teacher may consider the offer, and the teacher's right to seek counsel.  The district must provide the teacher at least three business days after the date the teacher receives notice under this subsection to agree to be returned to probationary contract status.  This subsection does not require a superintendent to provide notice of an intent to recommend discharge, termination, or nonrenewal.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2003, 78th Leg., ch. 507, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter D. Continuing Contracts › Section 21.151. Definition

Sec. 21.151.  DEFINITION.  In this subchapter, "teacher" has the meaning assigned by Section 21.101.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter D. Continuing Contracts › Section 21.152. Continuing Contract

Sec. 21.152.  CONTINUING CONTRACT.  A continuing contract must be in writing and must include the terms of employment prescribed by this subchapter and any other appropriate provisions consistent with this subchapter.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter D. Continuing Contracts › Section 21.153. Conversion of Probationary Contract to Continuing Contract

Sec. 21.153.  CONVERSION OF PROBATIONARY CONTRACT TO CONTINUING CONTRACT.  (a)  A school district that employs a teacher under a probationary contract for the third or, if permitted, fourth consecutive year of service and that elects to employ the teacher in future years under a continuing contract shall notify the teacher in writing of the teacher's election to continuing contract status.  The teacher must, not later than the 30th day after the date of notification, file with the superintendent of the school district written notification of the teacher's acceptance of the continuing contract, beginning with the school year following the conclusion of the teacher's period of probationary contract employment.
(b)  If the teacher fails to accept the contract within the period prescribed by Subsection (a), the teacher is considered to have refused to accept the contract.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter D. Continuing Contracts › Section 21.154. Status Under Continuing Contract

Sec. 21.154.  STATUS UNDER CONTINUING CONTRACT.  Each teacher employed under a continuing contract is entitled to continue in the teacher's position or a position with the school district for future school years without the necessity for annual nomination or reappointment until the person:
(1)  resigns;
(2)  retires under the Teacher Retirement System of Texas;
(3)  is released from employment by the school district at the end of a school year because of necessary reduction of personnel as provided by Section 21.157;
(4)  is discharged for good cause as defined by Section 21.156 and in accordance with the procedures provided by this chapter;
(5)  is discharged for a reason stated in the teacher's contract that existed on or before September 1, 1995, and in accordance with the procedures prescribed by this chapter;  or
(6)  is returned to probationary status, as authorized by Section 21.106.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter D. Continuing Contracts › Section 21.155. Administrative Personnel Under Continuing Contract

Sec. 21.155.  ADMINISTRATIVE PERSONNEL UNDER CONTINUING CONTRACT.  The district may grant to a person who has served as principal or in another administrative position for which certification is required, at the completion of the person's service in that capacity, a continuing contract to serve as a teacher if the person qualifies for that position under criteria adopted by the board of trustees.  The period of service in an administrative capacity is construed as contract service as a teacher within the meaning of this subchapter.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter D. Continuing Contracts › Section 21.156. Discharge or Suspension Without Pay Under Continuing Contract

Sec. 21.156.  DISCHARGE OR SUSPENSION WITHOUT PAY UNDER CONTINUING CONTRACT.  (a)  A teacher employed under a continuing contract may be discharged at any time for good cause as determined by the board of trustees, good cause being the failure to meet the accepted standards of conduct for the profession as generally recognized and applied in similarly situated school districts in this state.
(b)  In lieu of discharge or pending discharge, a school district may suspend a teacher without pay for good cause as specified by Subsection (a) for a period not to extend beyond the end of the current school year.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 6, eff. September 28, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter D. Continuing Contracts › Section 21.157. Necessary Reduction of Personnel

Sec. 21.157.  NECESSARY REDUCTION OF PERSONNEL.  A teacher employed under a continuing contract may be released at the end of a school year and the teacher's employment with the school district terminated at that time because of a necessary reduction of personnel by the school district, with those reductions made primarily based upon teacher appraisals administered under Section 21.352 in the specific teaching fields and other criteria as determined by the board.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 7, eff. September 28, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter D. Continuing Contracts › Section 21.158. Notice Under Continuing Contract

Sec. 21.158.  NOTICE UNDER CONTINUING CONTRACT.  (a)  Before a teacher employed under a continuing contract may be discharged, suspended without pay, or released because of a necessary reduction of personnel, the board of trustees must notify the teacher in writing of the proposed action and the grounds for the action.
(b)  A teacher who is discharged or suspended without pay for actions related to the inability or failure of the teacher to perform assigned duties is entitled, as a matter of right, to a copy of each evaluation report or any other written memorandum that concerns the fitness or conduct of the teacher, by requesting in writing a copy of those documents.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter D. Continuing Contracts › Section 21.159. Hearing Under Continuing Contract

Sec. 21.159.  HEARING UNDER CONTINUING CONTRACT.  (a)  If the teacher desires to protest the proposed action under Section 21.156 or 21.157, the teacher must notify the board of trustees in writing not later than the 10th day after the date the teacher receives the notice under Section 21.158.
(b)  A teacher who notifies the board of trustees within the time prescribed by Subsection (a) is entitled to:
(1)  a hearing as provided by Subchapter F, if the teacher is protesting proposed action under Section 21.156; or
(2)  a hearing in a manner provided under Section 21.207 for nonrenewal of a term contract or a hearing provided by Subchapter F, as determined by the board, if the teacher is protesting proposed action under Section 21.157 or proposed action to terminate a term contract at any time on the basis of a financial exigency declared under Section 44.011 that requires a reduction in personnel.
(c)  If the teacher does not request a hearing within the time prescribed by Subsection (a), the board of trustees shall:
(1)  take the appropriate action;  and
(2)  notify the teacher in writing of the action not later than the 30th day after the date the board sent the notice of the proposed action under Section 21.158.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 8, eff. September 28, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter D. Continuing Contracts › Section 21.160. Resignation Under Continuing Contract

Sec. 21.160.  RESIGNATION UNDER CONTINUING CONTRACT.  (a)  A teacher employed under a continuing contract may relinquish the position and leave the employment of the district at the end of a school year without penalty by filing with the board of trustees or its designee a written resignation not later than the 45th day before the first day of instruction of the following school year.  A written resignation mailed by prepaid certified or registered mail to the president of the board of trustees or the board's designee at the post office address of the district is considered filed at time of mailing.
(b)  A teacher employed under a continuing contract may resign, with the consent of the board of trustees or the board's designee, at any other time.
(c)  Subject to Subsections (e) and (f), on written complaint by the employing district, the State Board for Educator Certification may impose sanctions against a teacher who is employed under a continuing contract that obligates the district to employ the person for the following school year and who:
(1)  resigns;
(2)  fails without good cause to comply with Subsection (a) or (b); and
(3)  fails to perform the contract.
(d)  If a school district submits a complaint regarding a teacher to the State Board for Educator Certification under Subsection (c), the district shall promptly notify the teacher of the complaint.  The notice must include:
(1)  the basis of the complaint;
(2)  information regarding how the teacher may contact the State Board for Educator Certification; and
(3)  a reminder that the teacher should verify that the teacher's mailing address on file with the State Board for Educator Certification is current.
(e)  Before imposing sanctions against a teacher under Subsection (c), the State Board for Educator Certification:
(1)  must consider any mitigating factors relevant to the teacher's conduct; and
(2)  may consider alternatives to sanctions, including additional continuing education or training.
(f)  If a teacher fails to timely file a written resignation as required by Subsection (a) but files a written resignation in the manner provided by that subsection not later than the 30th day before the first day of instruction of the following school year, the State Board for Educator Certification may not suspend or revoke the teacher's certificate under Subsection (c).
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 1030 (H.B. 2519), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter E. Term Contracts › Section 21.201. Definitions

Sec. 21.201.  DEFINITIONS.  In this subchapter:
(1)  "Teacher" means a superintendent, principal, supervisor, classroom teacher, school counselor, or other full-time professional employee who is required to hold a certificate issued under Subchapter B or a nurse.  The term does not include a person who is not entitled to a probationary, continuing, or term contract under Section 21.002, an existing contract, or district policy.
(2)  "School district" means any public school district in this state.
(3)  "Term contract" means any contract of employment for a fixed term between a school district and a teacher.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 10, eff. June 14, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter E. Term Contracts › Section 21.202. Probationary Contract Required

Sec. 21.202.  PROBATIONARY CONTRACT REQUIRED.  (a)  Except as provided by Subsection (b), before a teacher may be employed under a term contract, the teacher must be employed under a probationary contract for the period provided by Subchapter C.
(b)  A school district may employ a person as a principal or classroom teacher under a term contract if the person has experience as a public school principal or classroom teacher, respectively, regardless of whether the person is being employed by the school district for the first time or whether a probationary contract would otherwise be required under Section 21.102.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2003, 78th Leg., ch. 1232, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter E. Term Contracts › Section 21.203. Employment Policies

Sec. 21.203.  EMPLOYMENT POLICIES.  (a)  Except as provided by Section 21.352(c), the employment policies adopted by a board of trustees must require a written evaluation of each teacher at annual or more frequent intervals.  The board must consider the most recent evaluations before making a decision not to renew a teacher's contract if the evaluations are relevant to the reason for the board's action.
(b)  The employment policies must include reasons for not renewing a teacher's contract at the end of a school year.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2003, 78th Leg., ch. 244, Sec. 1, eff. June 18, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter E. Term Contracts › Section 21.204. Term Contract

Sec. 21.204.  TERM CONTRACT.  (a)  A term contract must be in writing and must include the terms of employment prescribed by this subchapter.
(b)  The board of trustees may include in the contract other provisions that are consistent with this subchapter.
(c)  Each contract under this subchapter is subject to approval by the board of trustees.
(d)  The board of trustees shall provide each teacher with a copy of the teacher's contract with the school district and, on the teacher's request, a copy of the board's employment policies.  If the district has an Internet website, the district shall place the board's employment policies on that website.  At each school in the district, the board shall make a copy of the board's employment policies available for inspection at a reasonable time on request.
(e)  A teacher does not have a property interest in a contract beyond its term.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2003, 78th Leg., ch. 484, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter E. Term Contracts › Section 21.205. Term of Contract

Sec. 21.205.  TERM OF CONTRACT.  Once a teacher has completed the probationary contract period, the term of a contract under this subchapter may not exceed five school years.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter E. Term Contracts › Section 21.206. Notice of Contract Renewal or Nonrenewal

Sec. 21.206.  NOTICE OF CONTRACT RENEWAL OR NONRENEWAL.  (a)  Not later than the 10th day before the last day of instruction in a school year, the board of trustees shall notify in writing each teacher whose contract is about to expire whether the board proposes to renew or not renew the contract.  The notice must be delivered personally by hand delivery to the teacher on the campus at which the teacher is employed, except that if the teacher is not present on the campus on the date that hand delivery is attempted, the notice must be mailed by prepaid certified mail or delivered by express delivery service to the teacher's address of record with the district.  Notice that is postmarked on or before the 10th day before the last day of instruction is considered timely given under this subsection.
(b)  The board's failure to give the notice required by Subsection (a) within the time specified constitutes an election to employ the teacher in the same professional capacity for the following school year.
(c)  This section does not apply to a term contract with a superintendent.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 9, eff. September 28, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter E. Term Contracts › Section 21.208. Decision of Board

Sec. 21.208.  DECISION OF BOARD.  (a)  If the teacher does not request a hearing, the board of trustees shall:
(1)  take the appropriate action to renew or not renew the teacher's contract;  and
(2)  notify the teacher in writing of that action not later than the 30th day after the date the notice of proposed nonrenewal was sent to the teacher.
(b)  If the teacher requests a hearing, following the hearing the board of trustees shall:
(1)  take the appropriate action to renew or not renew the teacher's contract;  and
(2)  notify the teacher in writing of that action not later than the 15th day after the date on which the hearing is concluded.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter E. Term Contracts › Section 21.209. Appeal

Sec. 21.209.  APPEAL.  A teacher who is aggrieved by a decision of a board of trustees on the nonrenewal of the teacher's term contract may appeal to the commissioner for a review of the decision of the board of trustees in accordance with the provisions of Subchapter G.  The commissioner may not substitute the commissioner's judgment for that of the board of trustees unless the board's decision was arbitrary, capricious, unlawful, or not supported by substantial evidence.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.