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Contact ATPE legal staff with your
employment-related
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Texas Public School Employee Contracts
Signing a contract means more than just getting a
job—it is a time-specific commitment that will play a
significant role in your professional career. Know the
nuances of your agreement before you actually sign on the
dotted line.
A contract is:
- An agreement between an employee and an employer
about the terms and conditions of employment
- The primary source of employment rights for teachers and
administrators
You are entitled to a
contract if you are employed as a:
• Classroom teacher
• Counselor
• Principal
• Librarian
• Nurse
• Full-time professional employee who is required by the state or the school district to hold
a certificate from the State Board for Educator
Certification. (All other employees are entitled to
contracts only at the discretion of local districts.)
Types of contracts:
• Probationary
• Term
• Continuing
Probationary Contracts
- Must be given during the first year of employment in public education
- Cannot last more than one year for a person who has been
employed as a teacher in public education for at least
five of the eight years immediately preceding employment
in the district or for a person who previously worked in a district for at least two consecutive
school years and is returning to the district after a break in service. Otherwise, probationary
contracts may last up to four years under certain circumstances.
- Can be terminated at the end of the contract period by
giving the teacher notice of termination at least 45 days
before the last day of instruction. (No reasons or hearing
are required for termination at the end of probationary
contracts.)
- Give teachers all the same rights and responsibilities
as nonprobationary contracts, with the exception of due
process at the end of the contract period
Term Contracts
- Run for a specified length of time that can be no
more than five years
- Are automatically renewed unless the school board votes to "nonrenew" the contract.
- Require that teachers be given notice of renewal or nonrenewal of the contract at least 45 days before the
last day of instruction; if teachers do not receive
notice, the contract is considered to be renewed for the
following year.
- Can be nonrenewed at the end of the contract term for
“sufficient cause.” Districts must have policies in place
that state the reasons that constitute sufficient cause
for nonrenewal. Almost any reason can be sufficient as
long as districts include it in their policies so teachers
have advance notice of district expectations.
- Entitle teachers to a hearing and the opportunity to
present evidence prior to a final decision regarding nonrenewal
- May be terminated during the school year only for
good cause,
or the teacher may be suspended without pay only for good
cause. (The teacher is entitled to a hearing in either
situation.)
Continuing Contracts
- Continue in effect from year to year until the
teacher resigns, retires, is released from employment or
is returned to probationary status by the district for
good cause
(the failure to meet the accepted standards of conduct for
the profession as generally recognized and applied in
similarly situated
school districts in Texas).
Can be terminated only with proof of good cause
Entitle teachers to a hearing prior to a final decision
regarding termination, if the teacher requests the hearing
within 10 days of receiving notice of the proposed
termination
Time to sweat the details
Knowing exactly what is
and isn’t in your contract is a must. Contracts differ
from district to district and stipulations vary.
- If you’re also a coach or perform some duty outside
your standard teaching workload, your contract must
specifically state that you have these duties, or they will
not be guaranteed. (See
Additional duties.)
- Furthermore, generally you can be reassigned to any position that fits within the
professional capacity stated in your contract. For example, you may be reassigned to any grade level
you are certified to teach and/or campus unless your
contract has specific language that defines your
assignment.
- Most teachers are paid over
12 months. Once again, if you have other assigned duties
such as coaching or yearbook production, find out if your
annual salary includes payment for these duties or if
you’ll have a separate pay schedule.
- Districts may hire a newly graduated educator before they have become certified, but the
district may void the contract if the educator fails to receive certification.
Signed, sealed, delivered
Don’t let your contract
sit on that pile of mail you’ve been meaning to get to.
Most contracts specify a date by which you must sign and
return them. Otherwise, the district doesn’t have to honor
its terms.
Once you’ve signed a contract, there must be a good
reason to break it. That goes for both you and your school
district. You can resign, but you must do it 45 days
before the first day of instruction; after that time, the
district must agree to release you from the contract. See
Resignations and Contract
FAQ for more information on resignations.
If you have any questions about your contract, call
the ATPE Member Legal Services Department at (800) 777-ATPE.
___________________________
The legal information provided on this Web site is for general purposes only. It is not intended as a substitute for
individual legal advice or the provision of legal services. Accessing this information does not create an
attorney-client relationship. Individual legal situations vary greatly and readers should consult directly with an
attorney. Eligible ATPE members should contact the ATPE Member Legal Services Department using our
online system, MLSIS.
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