While there is no indication that Texas courts would dispute the value of teachers. a recent decision from the Twelfth Court of Appeals, Damuth v. Trinity Valley Community College, shows that they do take issue with the characterization of teachers' contributions as "services."
The Damuth court held that teachers/coaches do not provide the type of "services" that justify the waiver of governmental immunity under Section 271.152 of the Local Government Code. This holding has significant implications with regard to when school districts have to honor teaching/coaching contracts.
Under Damuth, school districts are immune to breach of contract actions brought by teachers and/or coaches (i.e., teachers and coaches cannot sue a school district for breach of contract after being terminated before the end of their term contract). Therefore, the duration of a term contract will no longer give districts heartburn when deciding whether to terminate a teacher or coach.
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