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 § 21.002 (2026)

Teacher Employment Contracts

✓ current as of May 2026
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Sec. 21.002. TEACHER EMPLOYMENT CONTRACTS. (a) A school district shall employ each classroom teacher, principal, librarian, nurse, or school counselor under:

(1) a probationary contract, as provided by Subchapter C;

(2) a continuing contract, as provided by Subchapter D; or

(3) a term contract, as provided by Subchapter E.

(b) A district is not required to employ a person other than an employee listed in Subsection (a) under a probationary, continuing, or term contract.

(c) Each board of trustees shall establish a policy designating specific positions of employment, or categories of positions based on considerations such as length of service, to which continuing contracts or term contracts apply.

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. 7, eff. June 14, 2013.

Notes of Decisions
Cited in 14 cases (4 in the last 5 years), 2000–2025 · leading case: Jones v. Clarksville Indep. Sch. Dist., 46 S.W.3d 467 (Tex. App. 2001).
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Jones v. Clarksville Indep. Sch. Dist., 46 S.W.3d 467 (Tex. App. 2001). · cites it 2× “Tex. Educ.Code Ann. §§ 21.002, 21.101-.102, 21.”
Godley Indep. Sch. Dist. v. Woods, 21 S.W.3d 656 (Tex. App. 2000). · cites it 2× “Additionally, there are fact issues at stake in the controversy because Woods claims that GISD made certain representations as to the performance of his contract and that he complied with the district's requirements to take his personal leave, assertions that GISD has…”
Wittman v. Nelson, 100 S.W.3d 356 (Tex. App. 2002). “Tex. Educ.Code Ann. § 21.002 (Vernon 1996).”
Hermenia Jenkins v. Crosby Indep. Sch. Dist. & Michael L. Williams in His Off. Capacity as State Comm'r of Educ. (Tex. App. 2015). · cites it 9× “9, 12 Tex. Educ. Code §21.002 .................”
Mike Morath, in His Off. Capacity as Texas Comm'r of Educ. & La Villa Indep. Sch. Dist. v. Dr. Paz Elizondo (Tex. App. 2025). · cites it 3× “Discussion Texas public school teachers must be employed under one of three different contracts: (1) a probationary contract; (2) a continuing contract; or (3) a term contract (collectively, "Chapter 21 contracfl TEx. EDUC. CODE §21.002. A classroom teacher cannot be employed as…”
Mike Morath, in His Off. Capacity as Texas Comm'r of Educ. & La Villa Indep. Sch. Dist. v. Dr. Paz Elizondo (Tex. App. 2025). · cites it 2× “9 Simani v Houston ISD 021-R10-03-2019…………………..11 Miscellaneous: DCA(LEGAL) ……………………………………………….”
Fort Worth Indep. Sch. Dist. v. Joseph Palazzolo (Tex. App. 2019). “2000); see Tex. Educ. Code Ann. § 21.002 (c) (requiring each school board to establish a policy designating specific positions of employment or categories of positions based on considerations such as length of service to which continuing contracts or term contracts apply), § 21.”
Irving Butler II v. Responsive Educ. Solutions (Tex. App. 2024). “See Tex. Educ. Code Ann. § 21.002 (a). Butler extrapolates that Appellee should not be afforded the same governmental immunity as a public school district unless it also provided its classroom teachers with Chapter 21 employment contracts, and thus he must have had an employment…”
Mike Morath, in His Off. Capacity as Texas Comm'r of Educ. & La Villa Indep. Sch. Dist. v. Dr. Paz Elizondo (Tex. App. 2025). “Tex. Educ. Code § 21.002. These different types of contracts require different procedures to non-renew or terminate at the end of the school year.”
Pete Smith v. Felipe Alanis, Comm'r of Educ. & Zapata Indep. Sch. Dist. (Tex. App. 2002). “See Tex. Educ. Code Ann. § 21.002 (West 1996).”
Dona Wittman v. Jim Nelson, Comm'r of Educ., in His Off. Capacity Texas Educ. Agency, & Carrizo Springs Consol. Indep. Sch. Dist. (Tex. App. 2002). “Tex. Educ. Code Ann. § 21.002 (Vernon 1996).”
Hermenia Jenkins v. Crosby Indep. Sch. Dist. & Michael L. Williams in His Off. Capacity as State Comm'r of Educ. (Tex. App. 2015). “14 Texas Education Code §21.002.............”
Show all 14 citing cases →
— Tex. Educ. Code § 21.002(a) — 2 cases
Hermenia Jenkins v. Crosby Indep. Sch. Dist. & Michael L. Williams in His Off. Capacity as State Comm'r of Educ. (Tex. App. 2015). “9, 12 Tex. Educ. Code §21.002 .................”
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2009).
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