Tex. Codes » Education Code · TITLE 2. PUBLIC EDUCATION · SUBTITLE D. EDUCATORS AND SCHOOL DISTRICT EMPLOYEES AND VOLUNTEERS · CHAPTER 21. EDUCATORS
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Tex. Educ. Code § 21.303 (2026)

Determination By Commissioner

✓ current as of May 2026
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Sec. 21.303. DETERMINATION BY COMMISSIONER. (a) If the board of trustees decided not to renew a teacher's term contract, the commissioner may not substitute the commissioner's judgment for that of the board of trustees unless the decision was arbitrary, capricious, or unlawful or is not supported by substantial evidence.

(b) If the board of trustees terminated a teacher's probationary, continuing, or term contract during the contract term or suspended a teacher without pay, the commissioner may not substitute the commissioner's judgment for that of the board unless:

(1) if the board accepted the hearing examiner's findings of fact without modification, the decision is arbitrary, capricious, or unlawful or is not supported by substantial evidence; or

(2) if the board modified the hearing examiner's findings of fact, the decision is arbitrary, capricious, or unlawful or the hearing examiner's original findings of fact are not supported by substantial evidence.

(c) The commissioner may not reverse a decision of a board of trustees based on a procedural irregularity or error by a hearing examiner, the board of trustees, or a board subcommittee unless the commissioner determines that the irregularity or error was likely to have led to an erroneous decision by the board or board subcommittee.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Notes of Decisions
Cited in 17 cases (2 in the last 5 years), 1994–2025 · leading case: Montgomery Indep. Sch. Dist. v. Davis, 34 S.W.3d 559 (Tex. 2000).
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Montgomery Indep. Sch. Dist. v. Davis, 34 S.W.3d 559 (Tex. 2000). · cites it 2× “Tex. Educ.Code § 21.303(a). The issue in this case is what evidence the Board can rely on to support its conclusion of law.”
Goodie v. Houston Indep. Sch. Dist., 57 S.W.3d 646 (Tex. App. 2001). · cites it 4× “Tex. Educ.Code Ann. § 21.303(a) (Vernon 1996).”
Miller v. Houston Indep. Sch. Dist., 51 S.W.3d 676 (Tex. App. 2001). · cites it 2× “See Tex.Educ.Code Ann. § 21.303(b)(2). But what did the Commissioner review and what did he decide? Here, the Commissioner “adopted and incorporated for all purposes” the board’s decision, “as modified herein.”
Nelson v. Weatherwax, 59 S.W.3d 340 (Tex. App. 2001). · cites it 3× “See Tex. Educ.Code Ann. § 21.303(b) (addressing a determination by the commissioner when the “board of trustees terminated a teacher’s .”
McGilvray v. Moses, 8 S.W.3d 761 (Tex. App. 1999). “See Tex. Educ.Code Ann. § 21.303(c). After reviewing the entire record made at the local level, the Commissioner determined the Board had good cause to terminate McGilvray’s contract because she disseminated confidential information about students to a non-school official and,…”
Montgomery Indep. Sch. Dist. v. Davis, 994 S.W.2d 435 (Tex. App. 1999). “The court held (1) that finding of fact 17 was properly a finding of fact that could not be deemed a conclusion of law by the board, (2) that the board’s additional findings of fact did not support its decision by substantial evidence, and (3) that the decision to not renew…”
Los Fresnos Consol. Indep. Sch. Dist. & Michael L. Williams, Comm'r of Educ. v. Jorge Vazquez, 481 S.W.3d 742 (Tex. App. 2015). “See Tex. Educ.Code § 21.303(a), (c) (if Board decided not to renew teacher’s term contract, Commissioner may not substitute judgment for that of Board unless decision was arbitrary, capricious, or unlawful or is not supported by substantial evidence and may not reverse Board’s…”
Georgia Clark v. Fort Worth Indep. Sch. Dist. (Tex. App. 2023). · cites it 3× “3d at 471; see Tex. Educ. Code § 21.303(b). ANALYSIS Good Cause We turn first to Clark’s three issues that concern the good-cause determination.”
Edinburg Consol. Indep. Sch. Dist. & Mike Morath, Comm'r of Educ. for the State of Texas v. Cristina L. Esparza (Tex. App. 2020). · cites it 2× “See TEX. EDUC. CODE ANN. § 21.303(b)(1); Miller v.”
Crowley Indep. Sch. Dist. v. Carl Stoneham, & Mike Morath, in His Off. Capacity as Comm'r of Educ. of Texas (Tex. App. 2025). · cites it 2× “Tex. Educ. Code § 21.303(b)-(b)(1) (“If the board of trustees terminated a teacher’s probationary, continuing, or term contract during the contract term or suspended a teacher without pay, the commissioner may not substitute the commissioner’s judgment for that of the board…”
Los Fresnos Consol. Indep. Sch. Dist. & Michael L. Williams, Comm'r of Educ. v. Jorge Vazquez (Tex. App. 2015). · cites it 3× “Substantial evidence exists to support the board’s decision to nonrenew Petitioner’s term contract independently on each of the following bases: (1) Failure to comply with official directives. Findings of Fact 7-10 contain descriptions of Petitioner’s failures to comply with his…”
Fort Worth Indep. Sch. Dist. v. Joseph Palazzolo (Tex. App. 2019). “3d at 678 ; see Tex. Educ. Code Ann. § 21.303 (b), (c). In his June 29, 2011 decision, the Commissioner gave the Board two options: (1) 4 The hearing examiner’s March 1, 2011 amended decision reflects that he considered whether Palazzolo had established causation for a…”
Show all 17 citing cases →
— Tex. Educ. Code § 21.303(a) — 7 cases
Montgomery Indep. Sch. Dist. v. Davis, 34 S.W.3d 559 (Tex. 2000). “Tex. Educ.Code § 21.303(a). The issue in this case is what evidence the Board can rely on to support its conclusion of law.”
Goodie v. Houston Indep. Sch. Dist., 57 S.W.3d 646 (Tex. App. 2001). “Tex. Educ.Code Ann. § 21.303(a) (Vernon 1996).”
Montgomery Indep. Sch. Dist. v. Davis, 994 S.W.2d 435 (Tex. App. 1999). “The court held (1) that finding of fact 17 was properly a finding of fact that could not be deemed a conclusion of law by the board, (2) that the board’s additional findings of fact did not support its decision by substantial evidence, and (3) that the decision to not renew…”
Los Fresnos Consol. Indep. Sch. Dist. & Michael L. Williams, Comm'r of Educ. v. Jorge Vazquez, 481 S.W.3d 742 (Tex. App. 2015). “See Tex. Educ.Code § 21.303(a), (c) (if Board decided not to renew teacher’s term contract, Commissioner may not substitute judgment for that of Board unless decision was arbitrary, capricious, or unlawful or is not supported by substantial evidence and may not reverse Board’s…”
Los Fresnos Consol. Indep. Sch. Dist. & Michael L. Williams, Comm'r of Educ. v. Jorge Vazquez (Tex. App. 2015). “Substantial evidence exists to support the board’s decision to nonrenew Petitioner’s term contract independently on each of the following bases: (1) Failure to comply with official directives. Findings of Fact 7-10 contain descriptions of Petitioner’s failures to comply with his…”
— Tex. Educ. Code § 21.303(b) — 3 cases
Nelson v. Weatherwax, 59 S.W.3d 340 (Tex. App. 2001). “See Tex. Educ.Code Ann. § 21.303(b) (addressing a determination by the commissioner when the “board of trustees terminated a teacher’s .”
Georgia Clark v. Fort Worth Indep. Sch. Dist. (Tex. App. 2023). “3d at 471; see Tex. Educ. Code § 21.303(b). ANALYSIS Good Cause We turn first to Clark’s three issues that concern the good-cause determination.”
Crowley Indep. Sch. Dist. v. Carl Stoneham, & Mike Morath, in His Off. Capacity as Comm'r of Educ. of Texas (Tex. App. 2025). “Tex. Educ. Code § 21.303(b)-(b)(1) (“If the board of trustees terminated a teacher’s probationary, continuing, or term contract during the contract term or suspended a teacher without pay, the commissioner may not substitute the commissioner’s judgment for that of the board…”
— Tex. Educ. Code § 21.303(b)(1) — 2 cases
Edinburg Consol. Indep. Sch. Dist. & Mike Morath, Comm'r of Educ. for the State of Texas v. Cristina L. Esparza (Tex. App. 2020). “See TEX. EDUC. CODE ANN. § 21.303(b)(1); Miller v.”
Crowley Indep. Sch. Dist. v. Carl Stoneham, & Mike Morath, in His Off. Capacity as Comm'r of Educ. of Texas (Tex. App. 2025). “Tex. Educ. Code § 21.303(b)-(b)(1) (“If the board of trustees terminated a teacher’s probationary, continuing, or term contract during the contract term or suspended a teacher without pay, the commissioner may not substitute the commissioner’s judgment for that of the board…”
— Tex. Educ. Code § 21.303(b)(2) — 2 cases
Miller v. Houston Indep. Sch. Dist., 51 S.W.3d 676 (Tex. App. 2001). “See Tex.Educ.Code Ann. § 21.303(b)(2). But what did the Commissioner review and what did he decide? Here, the Commissioner “adopted and incorporated for all purposes” the board’s decision, “as modified herein.”
Nelson v. Weatherwax, 59 S.W.3d 340 (Tex. App. 2001). “See Tex. Educ.Code Ann. § 21.303(b) (addressing a determination by the commissioner when the “board of trustees terminated a teacher’s .”
— Tex. Educ. Code § 21.303(c) — 5 cases
Goodie v. Houston Indep. Sch. Dist., 57 S.W.3d 646 (Tex. App. 2001). “Tex. Educ.Code Ann. § 21.303(a) (Vernon 1996).”
Nelson v. Weatherwax, 59 S.W.3d 340 (Tex. App. 2001). “See Tex. Educ.Code Ann. § 21.303(b) (addressing a determination by the commissioner when the “board of trustees terminated a teacher’s .”
McGilvray v. Moses, 8 S.W.3d 761 (Tex. App. 1999). “See Tex. Educ.Code Ann. § 21.303(c). After reviewing the entire record made at the local level, the Commissioner determined the Board had good cause to terminate McGilvray’s contract because she disseminated confidential information about students to a non-school official and,…”
Ashley Robinson v. Michael Williams (Successor in Off. to Robert Scott), Comm'r of Educ. & Austin Indep. Sch. Dist. (Tex. App. 2015).
Dallas Indep. Sch. Dist. & Michael L. Williams, Comm'r of Educ. v. Adrian Peters (Tex. App. 2015).
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