Ask HR Services: Five-of-Eight Rule

Can I keep an administrator on a probationary contract for more than one year if they meet the five-of-eight rule?

No. An individual employed as a teacher in public education for five of the preceding eight years may only be employed on a probationary contract for one year.  The definition of “teacher” in this situation is broad and includes administrators, librarians, counselors, nurses, and other professional positions that require certification from the State Board for Educator Certification (SBEC). 

The five-of-eight rule does not require five years of experience in the same professional capacity, rather it encompasses years of instructional service in public elementary or secondary schools as a “teacher,” as defined above. After an employee who meets the five-of-eight rule is employed for one full school year on a probationary contract, the district must either offer the employee a term contract for the following school year or terminate or nonrenew the individual’s employment.     

Keep in mind that a partial year of employment does not count as a full probationary year.  Employees hired for a partial year may be offered a probationary contract the following school year to serve one full probationary year. Additionally, some districts exempt themselves from the five-of-eight years provision in Texas Education Code (TEC) through their District of Innovation (DOI) plan, providing flexibility for the length of time an individual may be employed on a probationary contract.  

For more information on contracts, check out the following HRX articles: 

• Identifying Probationary Contract Year Limits
• The Top 10 Most Common Questions for Educator Contracts