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 § 21.158 (2026)

Notice Under Continuing Contract

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 6 cases, 2001–2017 · leading case: Miller v. Houston Indep. Sch. Dist., 51 S.W.3d 676 (Tex. App. 2001).
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Miller v. Houston Indep. Sch. Dist., 51 S.W.3d 676 (Tex. App. 2001). “Tex.Educ. Code Ann. § 21.158 (Vernon 1996).”
Wittman v. Nelson, 100 S.W.3d 356 (Tex. App. 2002). “See Tex. educ. Code Ann. § 21.158 (Vernon 1996).”
Whitney v. El Paso Indep. Sch. Dist., 545 S.W.3d 150 (Tex. App. 2017). “TEX.EDUC.CODE ANN. § 21.158(a) (West 2012)("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…”
Bluitt v. Houston Indep. Sch. Dist., 236 F. Supp. 2d 703 (S.D. Tex. 2002). “See TEX. EDUC. CODE ANN. §§ 21.158, 21.256; HISD Board Policies § 544.”
Bluitt v. Houston Indep. Sch. Dist., 236 F. Supp. 2d 703 (S.D. Tex. 2002). “See Tex. Educ. Code AnN. §§ 21.158, 21.256; HISD Board Policies § 544.”
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). “See Tex. educ. Code Ann. § 21.158 (Vernon 1996).”
— Tex. Educ. Code § 21.158(a) — 1 case
Whitney v. El Paso Indep. Sch. Dist., 545 S.W.3d 150 (Tex. App. 2017). “TEX.EDUC.CODE ANN. § 21.158(a) (West 2012)("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…”
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