Tex. Codes » Education Code · TITLE 2. PUBLIC EDUCATION · SUBTITLE D. EDUCATORS AND SCHOOL DISTRICT EMPLOYEES AND VOLUNTEERS · CHAPTER 21. EDUCATORS
Texas Codes

Tex. Educ. Code § 21.001 (2026)

Definitions

✓ current as of May 2026
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Sec. 21.001. DEFINITIONS. In this chapter:

(1) "Commissioner" includes a person designated by the commissioner.

(2) "Digital learning" means any type of learning that is facilitated by technology or instructional practice that makes effective use of technology.

(3) "Digital literacy" means having the knowledge and ability to use a range of technology tools for varied purposes. The term includes the capacity to use, understand, and evaluate technology for use in education settings.

(3-a) "Student with a disability" means a student who is:

(A) eligible to participate in a school district's special education program under Section 29.003;

(B) covered by Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794); or

(C) covered by the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.).

(3-b) "Teacher of record" means a person employed by a school district who teaches the majority of the instructional day in an academic instructional setting and is responsible for evaluating student achievement and assigning grades.

(4) "Virtual instruction" means instructional activities delivered to students primarily over the Internet.

(5) "Virtual learning" means digital learning facilitated by virtual instruction.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 757 (S.B. 1839), Sec. 1, eff. June 12, 2017.

Acts 2021, 87th Leg., R.S., Ch. 215 (H.B. 159), Sec. 1, eff. September 1, 2021.

Acts 2021, 87th Leg., R.S., Ch. 548 (S.B. 226), Sec. 1, eff. September 1, 2021.

Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(10), eff. September 1, 2023.

Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 2.03, eff. June 20, 2025.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1994–2025 · leading case: Wright v. Ector Cnty. Indep. Sch. Dist., 867 S.W.2d 863 (Tex. App. 1994).
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Wright v. Ector Cnty. Indep. Sch. Dist., 867 S.W.2d 863 (Tex. App. 1994). “Tex.Educ.Code Ann. § 21.001(a) (Vernon 1987).”
Gilbert Gomez v. Texas Educ. Agency, Educator Certification & Standards Div., & Robert Scott, Comm'r of Educ., in His Off. Capacity (Tex. App. 2011). · cites it 2× “for Educator Certification, Definitions) (defining "unworthy to instruct" as "the determination that a person is unfit to hold a certificate under the [Texas Education Code], Chapter 21, Subchapter B"); see also generally Tex. Educ. Code Ann. §§ 21.001 -.707 (West 2006 & Supp.”
Gilbert Gomez v. Texas Educ. Agency, Educator Certification & Standards Div., & Robert Scott, Comm'r of Educ., in His Off. Capacity (Tex. App. 2011). · cites it 2× “for Educator Certification, Definitions) (defining “unworthy to instruct” as “the determination that a person is unfit to hold a certificate under the [Texas Education Code], Chapter 21, Subchapter B”); see also generally Tex. Educ. Code Ann. §§ 21.001 -.707 (West 2006 & Supp.”
Edinburg Consol. Indep. Sch. Dist. & Mike Morath, Comm'r of Educ. for the State of Texas v. Cristina L. Esparza (Tex. App. 2020). “See TEX. EDUC. CODE ANN. §§ 21.001–.806. 2“The Texas Constitution requires the Legislature to ‘establish and make suitable provision for the support and maintenance of an efficient system of public free schools.”
Mike Morath, in His Off. Capacity as Texas Comm'r of Educ. & La Villa Indep. Sch. Dist. v. Dr. Paz Elizondo (Tex. App. 2025). “6 ,8,9,10,11,13,16 Commissioner Decisions: Higareda v Valley View ISD 027-R10-12-2013……………. 9 Simani v Houston ISD 021-R10-03-2019………………….”
Eagle Pass Indep. Sch. Dist. v. Margaret Woolworth Cent. Educ. Agency & Mike Moses, in His Off. Capacity as the Comm'r of Educ. for the State of Texas (Tex. App. 1997). “See Former Educ. Code § 13.115(c). 3. The only procedural complaint Woolworth raised before the Board was that the district had not provided her every annual evaluation but only her evaluations for the past three years and had not provided her with all grievances she had filed…”
— Tex. Educ. Code § 21.001(a) — 1 case
Wright v. Ector Cnty. Indep. Sch. Dist., 867 S.W.2d 863 (Tex. App. 1994). “Tex.Educ.Code Ann. § 21.001(a) (Vernon 1987).”
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