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Teacher Rights

Important Update:  Due to recent changes in educational law with the passage of SB8, this page will be updated as the new TEC becomes available.

A Teacher's Right to Planning and Preparation Time

The Texas Education Code States:
§ 21.404. PLANNING AND PREPARATION TIME. Each classroom teacher is entitled to at least 450 minutes within each two-week period for instructional preparation, including parent-teacher conferences, evaluating students' work, and planning. A planning and preparation period under this section may not be less than 45 minutes within the instructional day. During a planning and preparation period, a classroom teacher may not be required to participate in any other activity.

A Teacher's Right to a Duty-Free Lunch

The Texas Education Code States:
§ 21.405. DUTY-FREE LUNCH. (a) Except as provided by Subsection (c), each classroom teacher or full-time librarian is entitled to at least a 30-minute lunch period free from all duties and responsibilities connected with the instruction and supervision of students. Each school district may set flexible or rotating schedules for each classroom teacher or full-time librarian in the district for the implementation of the duty-free lunch period. (b) The implementation of this section may not result in a lengthened school day. (c) If necessary because of a personnel shortage, extreme economic conditions, or an unavoidable or unforeseen circumstance, a school district may require a classroom teacher or librarian entitled to a duty-free lunch to supervise students during lunch. A classroom teacher or librarian may not be required to supervise students under this subsection more than one day in any school week. The commissioner by rule shall prescribe guidelines for determining what constitutes a personnel shortage, extreme economic conditions, or an unavoidable or unforeseen circumstance for purposes of this subsection.

Teachers' Right To Join A Union


The Texas Education Code States:
§ 21.408. RIGHT TO JOIN OR NOT TO JOIN PROFESSIONAL ASSOCIATION. This chapter does not abridge the right of an educator to join any professional association or organization or refuse to join any professional association or organization.

As a public employee your rights are protected by State Law and Federal Constitution.

Article 5152. Revised Civil Statutes of Texas sets forth the RIGHT to ORGANIZE. "It shall be lawful for any and all persons engaged in any kind of work or labor, manual or mental, or both, to associate themselves together and form trade unions and other organizations for the purpose of protecting themselves in their pursuits and employments." (Acts 1899)

Article 5154c, Section 4 "It is declared to be the public policy of the State of Texas that NO PERSON SHALL BE DENIED PUBLIC EMPLOYMENT BY REASON OF MEMBERSHIP or non-membership IN A LABOR ORGANIZATION."

Article 5154c, Section6. "The provisions of this act shall not impair the existing right of public employees to PRESENT GRIEVANCES concerning their wages, hours of work or conditions of work, individually or THROUGH A REPRESENTATIVE that does not claim the right to strike."

Article 5154g, Section 1. "It is hereby declared to be the public policy of the State of Texas that the right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor union or labor organization and that in the exercise of such rights, ALL PERSONS SHALL BE FREE FROM THREATS, FORCE, INTIMIDATION OR COERCION."

STATE LAW-ACTS 1947, 50TH LEGISLATURE,P.231,CH.135


Dual Contracts regarding teachers who also coach.  For more on this topic, click here to go to the post on Dual Contracts.