Texas Codes

Tex. Educ. Code § 21.251 (2026)

Applicability

✓ current as of May 2026
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Sec. 21.251. APPLICABILITY. (a) This subchapter applies if a teacher requests a hearing after receiving notice of the proposed decision to:

(1) terminate the teacher's continuing contract at any time, except as provided by Subsection (b)(3);

(2) terminate the teacher's probationary or term contract before the end of the contract period, except as provided by Subsection (b)(3); or

(3) suspend the teacher without pay.

(b) This subchapter does not apply to:

(1) a decision to terminate a teacher's employment at the end of a probationary contract;

(2) a decision not to renew a teacher's term contract, unless the board of trustees of the employing district has decided to use the process prescribed by this subchapter for that purpose; or

(3) a decision, on the basis of a financial exigency declared under Section 44.011 that requires a reduction in personnel, to terminate a probationary or term contract before the end of the contract period or to terminate a continuing contract at any time, unless the board of trustees has decided to use the process prescribed by this subchapter for that purpose.

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. 12, eff. September 28, 2011.

Notes of Decisions
Cited in 24 cases (5 in the last 5 years), 1999–2025 · leading case: Montgomery Indep. Sch. Dist. v. Davis, 34 S.W.3d 559 (Tex. 2000).
Montgomery Indep. Sch. Dist. v. Davis, 34 S.W.3d 559 (Tex. 2000). “Tex. Educ.Code § 21.251. If the board chooses subchapter F, the parties may agree on a particular person to serve as their hearing examiner or have the Commissioner of Education assign one.”
Coggin v. Longview Indep. Sch. Dist., 289 F.3d 326 (5th Cir. 2002). · cites it 2× “2000) (concluding that "the Board did not have authority within the statutory scheme of subchapter F” to make additional findings beyond those made by the appointed hearing examiner); see also Tex. Educ.Code Ann. § 21.251 ("[Subchapter F] applies if a teacher requests a hearing…”
Farris v. Fort Bend Indep. Sch. Dist., 27 S.W.3d 307 (Tex. App. 2000). · cites it 3× “Tex. Educ.Code Ann. § 21.251 (Vernon 1996).”
Coggin v. Longview Indep. Sch. Dist., 337 F.3d 459 (5th Cir. 2002). · cites it 2× “2000) (concluding that "the Board did not have authority within the statutory scheme of subchapter F" to make additional findings beyond those made by the appointed hearing examiner); see also Tex. Educ. Code Ann. § 21.251 ("[Subchapter F] applies if a teacher requests a hearing…”
O'Neal v. Ector Cnty. Indep. Sch. Dist., 251 S.W.3d 50 (Tex. 2008). “Two years later, the Travis County District Court reversed, finding her appeal timely as it was governed by the 15-day deadline in Chapter 21 of the Texas Education Code. Tex. Eduo.Code §§ 21.”
El Paso Indep. Sch. Dist. v. Anna Luisa Kell, 465 S.W.3d 383 (Tex. App. 2015). · cites it 2× “Compare Tex.Educ.Code Ann. § 21.251 et seq. (West 2012)(term contract termination procedure) with Tex.”
Guerra v. Santa Rosa Indep. Sch. Dist., 241 S.W.3d 594 (Tex. App. 2007). “Tex. Educ.Code Ann. § 21.251(a)(2)(Vernon 2006) (emphasis added).”
Coggin v. Longview Indep Sch, 337 F.3d 459 (5th Cir. 2003). · cites it 2× “. .”). Although Davis did not consider the due process aspects of the statutory scheme, it certainly illustrates the mandatory nature of the regime.”
McGilvray v. Moses, 8 S.W.3d 761 (Tex. App. 1999). “See Tex. Educ.Code Ann. § 21.251(a)(2) (Vernon 1996).”
Sheldon Indep. Sch. Dist. v. Brandon Romero & Mike Morath, Texas Comm'r of Educ. (Tex. App. 2022). · cites it 3× “Texas Education Code § 21.251. At this point no decision to suspend the teacher has been made.”
Trinidad Rivera v. Port Arthur Indep. Sch. Dist., Johnny Brown, Barbara Polk, & Jermaine Cooper (Tex. App. 2016). · cites it 2× “4 At the conclusion of the hearing, the independent hearing examiner recommended that Rivera’s 4 Texas Education Code section 21.251 provides that a teacher may request a hearing before an independent hearing examiner “after receiving notice of the proposed decision to .”
Fort Worth Indep. Sch. Dist. v. Joseph Palazzolo (Tex. App. 2019). “See Tex. Educ. Code §§ 21.251–.257. Next, the school district’s board of trustees or board subcommittee considers the recommendation and may adopt, reject, or change the hearing examiner’s conclusions of law or proposal for granting relief.”
— Tex. Educ. Code § 21.251(a)(1) — 3 cases
Coggin v. Longview Indep. Sch. Dist., 289 F.3d 326 (5th Cir. 2002). “2000) (concluding that "the Board did not have authority within the statutory scheme of subchapter F” to make additional findings beyond those made by the appointed hearing examiner); see also Tex. Educ.Code Ann. § 21.251 ("[Subchapter F] applies if a teacher requests a hearing…”
Coggin v. Longview Indep. Sch. Dist., 337 F.3d 459 (5th Cir. 2002). “2000) (concluding that "the Board did not have authority within the statutory scheme of subchapter F" to make additional findings beyond those made by the appointed hearing examiner); see also Tex. Educ. Code Ann. § 21.251 ("[Subchapter F] applies if a teacher requests a hearing…”
Coggin v. Longview Indep Sch, 337 F.3d 459 (5th Cir. 2003). “. .”). Although Davis did not consider the due process aspects of the statutory scheme, it certainly illustrates the mandatory nature of the regime.”
— Tex. Educ. Code § 21.251(a)(2) — 6 cases
O'Neal v. Ector Cnty. Indep. Sch. Dist., 251 S.W.3d 50 (Tex. 2008). “Two years later, the Travis County District Court reversed, finding her appeal timely as it was governed by the 15-day deadline in Chapter 21 of the Texas Education Code. Tex. Eduo.Code §§ 21.”
El Paso Indep. Sch. Dist. v. Anna Luisa Kell, 465 S.W.3d 383 (Tex. App. 2015). “Compare Tex.Educ.Code Ann. § 21.251 et seq. (West 2012)(term contract termination procedure) with Tex.”
Guerra v. Santa Rosa Indep. Sch. Dist., 241 S.W.3d 594 (Tex. App. 2007). “Tex. Educ.Code Ann. § 21.251(a)(2)(Vernon 2006) (emphasis added).”
McGilvray v. Moses, 8 S.W.3d 761 (Tex. App. 1999). “See Tex. Educ.Code Ann. § 21.251(a)(2) (Vernon 1996).”
Trinidad Rivera v. Port Arthur Indep. Sch. Dist., Johnny Brown, Barbara Polk, & Jermaine Cooper (Tex. App. 2016). “4 At the conclusion of the hearing, the independent hearing examiner recommended that Rivera’s 4 Texas Education Code section 21.251 provides that a teacher may request a hearing before an independent hearing examiner “after receiving notice of the proposed decision to .”
— Tex. Educ. Code § 21.251(a)(3) — 1 case
Sheldon Indep. Sch. Dist. v. Brandon Romero & Mike Morath, Texas Comm'r of Educ. (Tex. App. 2022). “Texas Education Code § 21.251. At this point no decision to suspend the teacher has been made.”
— Tex. Educ. Code § 21.251(b) — 1 case
Farris v. Fort Bend Indep. Sch. Dist., 27 S.W.3d 307 (Tex. App. 2000). “Tex. Educ.Code Ann. § 21.251 (Vernon 1996).”
— Tex. Educ. Code § 21.251(b)(2) — 1 case
Farris v. Fort Bend Indep. Sch. Dist., 27 S.W.3d 307 (Tex. App. 2000). “Tex. Educ.Code Ann. § 21.251 (Vernon 1996).”
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