DCA (TSBVI) Employment Practices: Probationary Contracts


Each of the following persons shall be employed under a probationary contract when the person is employed by the School for the first time, or if the person has not been employed by the School for two consecutive years subsequent to August 28, 1967:

  1. Principal
  2. Supervisor
  3. Classroom teacher
  4. Counselor
  5. Other full-time professional employee who is required to hold a certificate issued under Education Code Chapter 21, Subchapter B.

Education Code 21.101, 21.102(a), 30.02; Gov’t Code Chapter 654



A person who previously was employed as a teacher by the School, and after at least a two-year lapse in TSBVI employment returns to TSBVI employment, may be employed under a probationary contract.  Education Code 21.102(a)

Principal or Classroom Teacher

The School may employ a person as a principal or classroom teacher under a term contract if the person has experience as a public school principal or classroom teacher, respectively, regardless of whether the person is being employed by the School for the first time or whether a probationary contract would otherwise be required under Section 21.102.  Education Code 21.101, 21.202(b)

Upon Reassignment

An employee may be employed under a probationary contract if the employee voluntarily accepts an assignment in a new professional capacity that requires a different class of certificate under Education Code Chapter 21, Subchapter B than the class of certificate held by the employee in the professional capacity in which the employee was previously employed.

This provision does not apply to an employee who is returned by TSBVI to a professional capacity in which the employee was employed by TSBVI before the School employed the employee in the new

professional capacity.  The employee is entitled to be employed in the original professional capacity under the same contractual status as the status held by the employee during the previous employment by TSBVI in that capacity.

Education Code 21.102(a-1)  [See 19 TAC 230.33 for list of certificate classes]


A probationary contract may not be for a term exceeding one school year.


The probationary contract period for persons required to be employed under a probationary contract shall be for a total of three consecutive school years, except that the probationary period shall be one year for a person who has been employed as a teacher in public education for at least five of the eight years preceding employment by the School.


A probationary contract period may be extended beyond the third consecutive year of employment if, during the third year of the probationary period, the Board determines that it is doubtful whether a term contract should be given. If the Board makes such a determination, the School may make a probationary contract for a term ending with the fourth consecutive school year.

Education Code 21.102

Adopted:         11/17/95

Amended:       5/24/96, 1/28/00, 1/28/05, 4/5/13, 11/15/19