Three Contract Categories
Section summaryTexas Education Code Subchapter E recognizes probationary contracts (typically year one through three), term contracts (year-to-year contracts after probation, used by most districts), and continuing contracts (traditional tenure, retained by fewer districts).
Under Texas Education Code Subchapter E, the three categories are:
- Probationary Contract (§21.102–§21.106)
- The initial contract category for new teachers. Probationary status typically runs three years; can be extended in defined circumstances. Non-renewal at the end of the probationary period requires only notice.
- Term Contract (§21.201–§21.213)
- A year-to-year contract used by most Texas districts after the probationary period concludes. Non-renewal requires notice and an opportunity for hearing under §21.207.
- Continuing Contract (§21.151–§21.160)
- The traditional tenure-style contract. Once awarded, the contract continues year-over-year unless terminated for cause through the independent-hearing-examiner process under §§21.251–21.260.
Districts elect contract category by policy. Most Texas districts have moved to term contracts and no longer offer new continuing contracts. Teachers who held continuing-contract status at the time of policy change typically retain it.
Probationary Contract Rights
Section summaryProbationary teachers can be non-renewed at year end with only notice and no hearing. They retain protection against mid-contract termination for cause and against discrimination claims.
The probationary teacher has the thinnest contractual protection. Texas Education Code §21.103 permits non-renewal at year end if the district determines non-renewal serves the district's interest. No hearing is required.
Mid-contract termination is different. Termination during a probationary contract for cause requires notice and an opportunity for hearing — though the standard and procedure are less rigorous than the continuing-contract independent-hearing-examiner process.
Civil-rights protections still apply. Non-renewal for reasons that would violate Title VII, the ADA, or constitutional rights remains actionable regardless of probationary status.
Term Contract Rights
Section summaryTerm-contract teachers are entitled to notice of proposed non-renewal and a hearing before the board of trustees or its designee. The hearing is less formal than the continuing-contract independent-hearing-examiner procedure.
Texas Education Code §21.207 requires notice of a proposed non-renewal of a term contract. The teacher is entitled to know the reasons and to a hearing on the proposed non-renewal.
The hearing is typically before the board of trustees or a designee. The procedure is less formal than independent-hearing-examiner proceedings but does include opportunity to present evidence, cross-examine witnesses, and have counsel present. The board's decision is subject to limited judicial review.
Mid-contract termination of a term contract follows a separate procedure with stronger protection — closer to the continuing-contract framework — because the district is breaking an existing contract rather than declining to renew.
Continuing Contract Rights
Section summaryContinuing-contract teachers are entitled to independent-hearing-examiner due process under Education Code §§21.251-21.260 before termination. The hearing examiner is an attorney; the hearing follows adversarial procedure with witnesses and exhibits.
The continuing-contract framework is the closest analogue to traditional academic tenure. Texas Education Code §§21.251–21.260 require independent-hearing-examiner proceedings before termination.
Key features:
- The hearing examiner is an attorney selected from a TEA-approved list.
- The hearing is adversarial — witnesses, exhibits, cross-examination.
- The district carries the burden of proof.
- The examiner issues a written recommendation; the district board reviews.
- The teacher can appeal the board's decision to the Commissioner of Education under §21.301.
Independent Hearing Examiner Procedure
Section summaryIndependent-hearing-examiner proceedings under Texas Education Code §§21.251-21.260 are structured adversarial hearings. The examiner is selected from a TEA-approved list, and the hearing produces a written recommendation to the board.
The procedural sequence:
- District issues notice of proposed termination identifying grounds and supporting evidence.
- Teacher requests a hearing within the statutory window.
- The parties select a hearing examiner from the TEA list; if no agreement, TEA assigns.
- Discovery and exchange of witness lists; pre-hearing motions where applicable.
- Hearing — typically several days — with opening statements, examination and cross-examination of witnesses, exhibits, and closing arguments.
- Examiner issues written recommendation with findings of fact and conclusions of law.
- District board reviews the recommendation and issues the final decision.
- Teacher may appeal the board's decision to the Commissioner of Education under §21.301.
Distinction from SBEC Proceedings
Section summaryContract-level proceedings (probationary non-renewal, term non-renewal, continuing-contract termination) are about employment with a particular district. SBEC proceedings are about the certificate itself. The same conduct can produce both, in parallel.
A common confusion: a teacher who survives a district contract proceeding may still face an SBEC investigation, and vice versa. The two systems are entirely separate:
- The district contract proceeding determines whether the teacher can continue teaching at that district.
- The SBEC certificate proceeding determines whether the teacher holds a valid teaching certificate at all.
Statements made in a district proceeding are part of the evidence file SBEC can request. Statements made in an SBEC proceeding are not automatically available to the district but can become available through district subpoena or settlement-process disclosure. Coordinated counsel across the two proceedings is the standard approach for any matter that may produce both.
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Call (972) 370-5060 →The Texas teacher contract framework
Texas does not have tenure for K-12 teachers in the same sense as higher education tenure, but Texas Education Code Chapter 21 establishes contract structures that provide varying levels of employment protection. The primary contract types are probationary contracts under Section 21.102, term contracts under Section 21.201 through 21.213, and continuing contracts under Section 21.151 through 21.160. Each contract type produces different employment protections and disciplinary procedures.
The probationary contract framework applies to teachers in their first three years of employment with a school district. Probationary contracts can be non-renewed at the end of the contract term without cause, providing substantial flexibility for districts to address performance concerns or other issues without formal disciplinary proceedings. The probationary status produces substantial vulnerability for new teachers but is balanced by the limited duration of probationary status.
The continuing contract framework applies to teachers who complete the probationary period and accept a continuing contract. Continuing contracts provide substantial employment protection because they continue from year to year without need for renewal and can be terminated only for specific cause. The cause requirements include specific categories of misconduct, incompetence, and other serious issues enumerated in Section 21.156.
The term contract framework
The term contract framework provides an intermediate level of protection between probationary and continuing contracts. Term contracts can be for one or two-year periods and require renewal at the end of each term. The renewal process includes specific notice requirements and procedural protections that probationary contracts lack. The framework provides districts with flexibility while providing teachers with meaningful procedural protections.
The non-renewal procedures under term contracts include notice requirements, opportunity for hearing, and various other procedural protections. The non-renewal can be challenged through hearing procedures, which provide an opportunity for the teacher to present evidence and arguments against the proposed non-renewal. The hearing procedures provide substantial procedural protection even though the cause requirements are less stringent than for continuing contracts.
The term contract framework has become the dominant contract type in many Texas school districts because it provides districts with flexibility while providing teachers with meaningful protection. The defense in term contract non-renewal cases focuses on the procedural protections and on the substantive justification for the proposed non-renewal. The defense can challenge both the substantive basis and the procedural compliance.
The cause framework for continuing contract termination
The cause framework for continuing contract termination requires specific grounds enumerated in Section 21.156. The grounds include incompetence in the performance of duties, immoral conduct, failure to comply with reasonable district directives, conviction of a felony or crime of moral turpitude, and various other specific categories. Each ground has specific elements that the district must establish.
The cause framework provides substantial protection against arbitrary termination. The district cannot terminate a continuing contract without establishing one of the specific causes through formal proceedings. The proceedings include notice requirements, hearing rights, and various other procedural protections that provide meaningful opportunities for the teacher to contest the proposed termination.
The defense in continuing contract termination cases focuses on both the substantive cause and the procedural compliance. The substantive defenses can challenge whether the alleged conduct meets the specific cause requirements, whether the conduct actually occurred, and whether the district has correctly characterized the conduct. The procedural defenses can challenge the adequacy of notice, the conduct of the hearings, and various other procedural elements.
The intersection with SBEC discipline and the coordination considerations
The district disciplinary proceedings and the SBEC disciplinary proceedings address related but distinct concerns. The district proceeding addresses the employment relationship and the specific employment decisions. The SBEC proceeding addresses the educator certification and the broader fitness for the profession. The two proceedings can produce different outcomes on the same underlying conduct and have different procedural frameworks.
The coordination considerations between the district and SBEC proceedings are substantial. Statements made in the district proceeding can be used in the SBEC proceeding. Findings in the district proceeding can affect the SBEC analysis. The defense should coordinate the responses to both proceedings to ensure consistent positions and to address the specific implications for each forum.
The strategic considerations include the comparative implications of various potential outcomes across both proceedings. A district outcome that produces termination may not necessarily produce SBEC discipline if the underlying conduct does not meet the SBEC standards. Similarly, an SBEC outcome that produces certificate discipline may not necessarily affect the district employment if the district analysis differs. The defense should evaluate the comprehensive implications across both proceedings and should develop unified strategies that address the educator interests in both forums.
Frequently Asked Questions
How many years of probation does Texas require before tenure or term?
If my district uses term contracts, can I still have tenure?
Can I appeal my district's non-renewal decision?
Does winning my district hearing protect my SBEC certificate?
What happens to my pay while the hearing examiner process plays out?
Read the full Texas Teacher License Defense Guide
This article is one section of our comprehensive Texas Teacher License Defense Guide. The pillar guide covers recent developments, official resources, and the complete framework with deeper analysis.
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Cite this guide
Bluebook: Reggie London & Njeri London, Tenured vs Probationary Teacher Discipline in Texas, L&L Law Group (May 30, 2026), https://landllawgroup.com/insights/tenured-vs-probationary-teacher-discipline/.
APA: London, R., & London, N. (2026, May 30). Tenured vs Probationary Teacher Discipline in Texas. L&L Law Group.