MRC Rule of Thumb:

What Rights Do Probationary Teachers Have?

Texas Law requires that all “teachers” (any full time employee who is required to hold a certificate) must be employed under a contract.  Every teacher new to a district must be employed on a one-year probationary contract after which time the district may employ the teacher or nurse on a continuing or term contract.

Though a probationary contract may not exceed one-year, it may, as a matter of course, be renewed for two additional one-year periods and for an additional one-year period if the board of trustees makes a finding that the teacher’s continued employment with the district is doubtful.  Therefore, a teacher may be employed under a probationary contract for four years.

Texas Education Code 21.102 requires a district to place a new hire who not previously been employed by the district to two consecutive school years on a probationary contract.  While a district is permitted in most instances to renew the teacher’s employment on probationary status for a few years a teacher who has taught in public schools for a least five out of the eight preceding years may be employed under a probationary contract for one year only.  Recent legislation allows, but does not require, a school district to immediately employee a new principal or classroom teacher under a term rather than probationary contract if he/she has previous experience as a principal or classroom teacher.

A probationary teacher has most of the same rights as a teacher employed under a term or continuing contract.  The major difference is that a probationary teacher lacks the protections against end-of-the-year termination, which Texas law gives to term and continuing contract teachers.  In order for a district to terminate a probationary teacher, the board of trustees must give the employee notice not later than the 45th day prior to the last day of instruction that it has determined that it in the district’s best interest not to renew the contract.  The Texas Education Code, Section 21.103 states that the board’s decision to terminate a probationary teacher at the end of the school year “is final and may not be appealed.”  This is not technically correct since a teacher may file a grievance over any action taken against him/her and such grievances have been successful in getting probationary teachers reinstated.