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

✓ laws through the 89th Legislature (2025)
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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.—Texarkana 2001).
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Jones v. Clarksville Indep. Sch. Dist., 46 S.W.3d 467 (Tex. App.—Texarkana 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.—Waco 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.—San Antonio 2002). “Tex. Educ.Code Ann. § 21.002 (Vernon 1996).”
Hermenia Jenkins v. Crosby Indep. Sch. Dist. & Michael L. Williams, No. 03-15-00313-CV (Tex. App.—Austin Oct. 13, 2015). · cites it 9× “9, 12 Tex. Educ. Code §21.002 .................”
Mike Morath v. Dr. Paz Elizondo, No. 15-25-00024-CV (Tex. App.—15th Dist. May 9, 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 v. Dr. Paz Elizondo, No. 15-25-00024-CV (Tex. App.—15th Dist. Apr. 14, 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, No. 02-18-00205-CV (Tex. App.—Fort Worth June 13, 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, No. 02-23-00446-CV (Tex. App.—Fort Worth June 6, 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 v. Dr. Paz Elizondo, No. 15-25-00024-CV (Tex. App.—15th Dist. Apr. 14, 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, No. 03-01-00713-CV (Tex. App.—Austin July 26, 2002). “See Tex. Educ. Code Ann. § 21.002 (West 1996).”
Dona Wittman v. Jim Nelson, No. 04-02-00347-CV (Tex. App.—San Antonio Dec. 11, 2002). “Tex. Educ. Code Ann. § 21.002 (Vernon 1996).”
Hermenia Jenkins v. Crosby Indep. Sch. Dist. & Michael L. Williams, No. 03-15-00313-CV (Tex. App.—Austin July 10, 2015). “14 Texas Education Code §21.002.............”
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Tex. Educ. Code § 21.002(a): 2 cases
Hermenia Jenkins v. Crosby Indep. Sch. Dist. & Michael L. Williams, No. 03-15-00313-CV (Tex. App.—Austin Oct. 13, 2015). “9, 12 Tex. Educ. Code §21.002 .................”
Untitled Texas Attorney Gen. Opinion, No. GA-0738 (Tex. Att'y Gen. July 2, 2009).
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