Texas Codes

Tex. Educ. Code § 21.159 (2026)

Hearing Under Continuing Contract

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 12 cases, 1996–2018 · leading case: Alejandro v. Bell, 84 S.W.3d 383 (Tex. App. 2002).
Alejandro v. Bell, 84 S.W.3d 383 (Tex. App. 2002). “See Tex. Educ.Code Ann. §§ 21.159, 21.207 (Vernon 1996).”
Wittman v. Nelson, 100 S.W.3d 356 (Tex. App. 2002). “See Tex. Educ.Code Ann. §§ 21.159, 21.251 (Vernon 1996).”
Nelson v. Weatherwax, 59 S.W.3d 340 (Tex. App. 2001). “See Tex. Educ.Code Ann. §§ 21.159, 21.253 (Vernon 1996).”
El Paso Indep. Sch. Dist. v. Anna Luisa Kell, 465 S.W.3d 383 (Tex. App. 2015). “Tex.Educ.Code Ann. § 21.159(a)(West 2012).”
Gallegos v. Escalon, 993 S.W.2d 422 (Tex. App. 1999). “See Tex. Educ.Code Ann. §§ 21.159, 21.207, 37.”
Whitney v. El Paso Indep. Sch. Dist., 545 S.W.3d 150 (Tex. App. 2017). “TEX.EDUC.CODE ANN. § 21.159(a). By doing so, she was entitled to a Chapter 21 termination hearing as outlined by the Education Code.”
North East Indep. Sch. Dist. & Texas Comm'r of Educ. v. Dehann Riou (Tex. App. 2018). “See TEX. EDUC. CODE ANN. §§ 21.159(b)(1); 21.”
Hector Tijerina v. Felipe Alanis, Comm'r of Educ. & Harlandale Indep. Sch. Dist. (Tex. App. 2002). “See Tex. Educ. Code Ann. §§ 21.159 & 21.207 (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). “See Tex. Educ. Code Ann. §§ 21.159 , 21.251 (Vernon 1996).”
Alamo Heights ISD v. Catherine Clark (Tex. App. 2015). “Tex. Educ. Code §§ 21.159 ...............”
Ysleta Indep. Sch. Dist. v. Lionel R. Meno, Comm'r of Educ., & Texas Educ. Agency (Tex. App. 1996). “112 , since repealed and recodified at Tex. Educ. Code Ann. § 21.159 (West 1996)).”
Gallegos, Enrique L. v. Escalon, Lily G. & David Rodriguez (Tex. App. 1999). “See Tex. Educ. Code Ann. §§ 21.159 , 21.207, 37.”
— Tex. Educ. Code § 21.159(a) — 2 cases
El Paso Indep. Sch. Dist. v. Anna Luisa Kell, 465 S.W.3d 383 (Tex. App. 2015). “Tex.Educ.Code Ann. § 21.159(a)(West 2012).”
Whitney v. El Paso Indep. Sch. Dist., 545 S.W.3d 150 (Tex. App. 2017). “TEX.EDUC.CODE ANN. § 21.159(a). By doing so, she was entitled to a Chapter 21 termination hearing as outlined by the Education Code.”
— Tex. Educ. Code § 21.159(b)(1) — 1 case
North East Indep. Sch. Dist. & Texas Comm'r of Educ. v. Dehann Riou (Tex. App. 2018). “See TEX. EDUC. CODE ANN. §§ 21.159(b)(1); 21.”
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