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 § 21.206 (2026)

Notice Of Contract Renewal Or Nonrenewal

✓ current as of May 2026
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Sec. 21.206. NOTICE OF CONTRACT RENEWAL OR NONRENEWAL. (a) Not later than the 10th day before the last day of instruction in a school year, the board of trustees shall notify in writing each teacher whose contract is about to expire whether the board proposes to renew or not renew the contract. The notice must be delivered personally by hand delivery to the teacher on the campus at which the teacher is employed, except that if the teacher is not present on the campus on the date that hand delivery is attempted, the notice must be mailed by prepaid certified mail or delivered by express delivery service to the teacher's address of record with the district. Notice that is postmarked on or before the 10th day before the last day of instruction is considered timely given under this subsection.

(b) The board's failure to give the notice required by Subsection (a) within the time specified constitutes an election to employ the teacher in the same professional capacity for the following school year.

(c) This section does not apply to a term contract with a superintendent.

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. 9, eff. September 28, 2011.

Notes of Decisions
Cited in 24 cases (3 in the last 5 years), 1999–2025 · leading case: Jenkins v. Crosby Indep. Sch. Dist., 537 S.W.3d 142 (Tex. App. 2017).
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Jenkins v. Crosby Indep. Sch. Dist., 537 S.W.3d 142 (Tex. App. 2017). · cites it 3× “” The Commissioner further concluded: “As the fact that a term contract employee is- employed in a principal position does not make the employee’s professional capacity ‘principal,’ Respondent did not improperly reassign Petitioner to a non-principal position in violation of…”
Gutierrez v. Laredo Indep. Sch. Dist., 139 S.W.3d 363 (Tex. App. 2004). · cites it 2× “Tex. Educ.Code Ann. § 21.206 (Vernon 1996 & Supp.”
Texas Comm'r of Educ. & Mission Consol. Indep. Sch. Dist. v. Dr. Maria Solis, 562 S.W.3d 591 (Tex. App. 2018). · cites it 2× “Solis asserts that the school district board of trustees violated Texas school laws when it failed to give her the notice to which she was entitled under chapter 21 before deciding to nonrenew her contract, see Tex. Educ. Code § 21.206(a), and subsequently refused to acknowledge…”
Tarrant v. Clear Creek Indep. Sch. Dist., 238 S.W.3d 445 (Tex. App. 2007). · cites it 3× “, Tex. Educ.Code Ann. §§ 21.206, 21.207, 21.”
Vicari v. Ysleta Indep. Sch. Dist., 546 F. Supp. 2d 387 (W.D. Tex. 2008). · cites it 5× “Texas Education Code § 21.206 reads as follows: § 21.”
O'Neal v. Ector Cnty. Indep. Sch. Dist., 221 S.W.3d 286 (Tex. App. 2006). “The Commissioner has exclusive jurisdiction to hear O’Neal’s ripe claim that *291 Ector County Independent School District violated Tex. Educ.Code ANN. § 21.206 (Vernon 2006).”
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 38× “12, 13, 16, 26 Texas Education Code §21.201(1) .........”
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 26× “11, 15, 23 Tex. Educ. Code § 21.206 ................”
Upshaw v. Alvin Indep. Sch. Dist., 31 F. Supp. 2d 553 (S.D. Tex. 1999). “Furthermore, the procedure for appealing a “non-renewal” is governed exclusively by the TEX. EDUC. CODE ANN. § 21.206, but Upshaw never sought to exhaust the administrative remedies afforded under the Code.”
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 18× “Because Respondent employed Petitioner for the 2007-2008 school in a position that Petitioner held under her 2006-2007 contract, Respondent did not violate Texas Education Code section 21.206. Id. at 3.”
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 13× “11 Tex. Educ. Code §21.206 .................”
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× “24 Tex. Educ. Code § 21.206 ................”
Show all 24 citing cases →
— Tex. Educ. Code § 21.206(a) — 5 cases
Texas Comm'r of Educ. & Mission Consol. Indep. Sch. Dist. v. Dr. Maria Solis, 562 S.W.3d 591 (Tex. App. 2018). “Solis asserts that the school district board of trustees violated Texas school laws when it failed to give her the notice to which she was entitled under chapter 21 before deciding to nonrenew her contract, see Tex. Educ. Code § 21.206(a), and subsequently refused to acknowledge…”
Tarrant v. Clear Creek Indep. Sch. Dist., 238 S.W.3d 445 (Tex. App. 2007). “, Tex. Educ.Code Ann. §§ 21.206, 21.207, 21.”
Vicari v. Ysleta Indep. Sch. Dist., 291 F. App'x 614 (5th Cir. 2008).
Hermenia Jenkins v. Crosby Indep. Sch. Dist. & Michael L. Williams in His Off. Capacity as State Comm'r of Educ. (Tex. App. 2015). “11, 15, 23 Tex. Educ. Code § 21.206 ................”
Houston v. Nelson, 147 S.W.3d 589 (Tex. App. 2004).
— Tex. Educ. Code § 21.206(b) — 8 cases
Jenkins v. Crosby Indep. Sch. Dist., 537 S.W.3d 142 (Tex. App. 2017). “” The Commissioner further concluded: “As the fact that a term contract employee is- employed in a principal position does not make the employee’s professional capacity ‘principal,’ Respondent did not improperly reassign Petitioner to a non-principal position in violation of…”
Vicari v. Ysleta Indep. Sch. Dist., 546 F. Supp. 2d 387 (W.D. Tex. 2008). “Texas Education Code § 21.206 reads as follows: § 21.”
Hermenia Jenkins v. Crosby Indep. Sch. Dist. & Michael L. Williams in His Off. Capacity as State Comm'r of Educ. (Tex. App. 2015). “12, 13, 16, 26 Texas Education Code §21.201(1) .........”
Hermenia Jenkins v. Crosby Indep. Sch. Dist. & Michael L. Williams in His Off. Capacity as State Comm'r of Educ. (Tex. App. 2015). “11, 15, 23 Tex. Educ. Code § 21.206 ................”
Hermenia Jenkins v. Crosby Indep. Sch. Dist. & Michael L. Williams in His Off. Capacity as State Comm'r of Educ. (Tex. App. 2015). “Because Respondent employed Petitioner for the 2007-2008 school in a position that Petitioner held under her 2006-2007 contract, Respondent did not violate Texas Education Code section 21.206. Id. at 3.”
— Tex. Educ. Code § 21.206(c) — 1 case
Texas Comm'r of Educ. & Mission Consol. Indep. Sch. Dist. v. Dr. Maria Solis, 562 S.W.3d 591 (Tex. App. 2018). “Solis asserts that the school district board of trustees violated Texas school laws when it failed to give her the notice to which she was entitled under chapter 21 before deciding to nonrenew her contract, see Tex. Educ. Code § 21.206(a), and subsequently refused to acknowledge…”
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