Tex. Educ. Code Section 21.255
Hearings Before Hearing Examiner

(a)

The hearing examiner may issue subpoenas at the request of either party for the attendance of witnesses and the production of documents at the hearing and may administer oaths, rule on motions and the admissibility of evidence, maintain decorum by closing the hearing or taking other appropriate action, schedule and recess the proceedings, and make any other orders as provided by rules adopted by the commissioner. The hearing examiner may issue a subpoena for the attendance of a person who is not an employee of the district only if the party requesting the issuance of the subpoena shows good cause for the subpoena. The hearing must be held within the geographical boundaries of the school district or at the regional education service center that serves the district.

(b)

A hearing examiner may allow either party to take one or more depositions or to use other means of discovery before the hearing. The hearing examiner, at the request of either party, may issue subpoenas for the attendance of witnesses and the production of documents at the deposition. The hearing examiner may issue a subpoena for the deposition of any person who is not an employee of the district only if the party requesting the issuance of the subpoena shows good cause for the subpoena. The deposition must be held within the geographical boundaries of the school district or at the regional education service center that serves the district.

(c)

A procedure specified in this section may be changed or eliminated by written agreement of the teacher and the school district after the teacher receives the written notice of the proposed action.

(d)

If the hearing examiner is unable to continue presiding over a case at any time before issuing a recommendation or decision, the parties shall request the assignment of another hearing examiner under Section 21.254 (Assignment of Hearing Examiner) who, after a review of the record, shall perform any remaining functions without the necessity of repeating any previous proceedings.

(e)

The school district shall bear the cost of the services of the hearing examiner and certified shorthand reporter at the hearing and the production of any original hearing transcript. Each party shall bear its respective costs, including the cost of discovery, if any, and attorney’s fees.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Source: Section 21.255 — Hearings Before Hearing Examiner, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­21.­htm#21.­255 (accessed Jun. 5, 2024).

21.001
Definitions 21.002
Teacher Employment Contracts 21.003
Certification Required 21.004
Teacher Recruitment Program 21.006
Requirement to Report Misconduct 21.007
Notice on Certification Record of Alleged Misconduct 21.009
Pre-employment Affidavit 21.0031
Failure to Obtain Certification 21.031
Purpose 21.032
Definition 21.033
State Board for Educator Certification 21.034
Terms 21.035
Delegation Authority 21.036
Officers 21.037
Compensation 21.038
Meetings 21.040
General Powers and Duties of Board 21.041
Rules 21.042
Approval of Rules 21.043
Access to Peims Data 21.044
Educator Preparation 21.045
Accountability System for Educator Preparation Programs 21.046
Qualifications for Certification as Superintendent or Principal 21.047
Centers for Professional Development of Teachers 21.048
Certification Examinations 21.049
Alternative Certification 21.050
Academic Degree Required for Teaching Certificate 21.051
Rules Regarding Field-based Experience and Options for Field Experience and Internships 21.052
Certification of Educators from Outside the State 21.053
Presentation and Recording of Certificates 21.054
Continuing Education 21.055
School District Teaching Permit 21.056
Additional Certification 21.057
Parental Notification 21.058
Revocation of Certificate and Termination of Employment Based on Conviction of or Placement on Deferred Adjudication Community Supervision for Certain Offenses 21.059
Extension of Certain Deadlines for Active Duty Military Personnel 21.060
Eligibility of Persons Convicted of Certain Offenses 21.0061
Notice to Parent or Guardian About Educator Misconduct 21.061
Review and Updating of Educator Preparation Programs 21.0062
Requirement to Report Misconduct: Private Schools 21.062
Issuance of Subpoenas 21.063
Teacher Designations on Certificate 21.064
Legacy Master Teacher Certifications 21.065
Notice to Teacher Regarding Suspension of Certificate or Permit 21.101
Definition 21.102
Probationary Contract 21.103
Probationary Contract: Termination 21.104
Discharge During Year or Suspension Without Pay Under Probationary Contract 21.105
Resignations Under Probationary Contract 21.106
Return to Probationary Status 21.151
Definition 21.152
Continuing Contract 21.153
Conversion of Probationary Contract to Continuing Contract 21.154
Status Under Continuing Contract 21.155
Administrative Personnel Under Continuing Contract 21.156
Discharge or Suspension Without Pay Under Continuing Contract 21.157
Necessary Reduction of Personnel 21.158
Notice Under Continuing Contract 21.159
Hearing Under Continuing Contract 21.160
Resignation Under Continuing Contract 21.201
Definitions 21.202
Probationary Contract Required 21.203
Employment Policies 21.204
Term Contract 21.205
Term of Contract 21.206
Notice of Contract Renewal or Nonrenewal 21.207
Hearing Under Term Contract 21.208
Decision of Board 21.209
Appeal 21.210
Resignation Under Term Contract 21.211
Termination or Suspension 21.212
Applicability of Subchapter to Superintendents 21.213
Nonapplicability of Subchapter 21.251
Applicability 21.252
Certification of Hearing Examiners 21.253
Request for Hearing 21.254
Assignment of Hearing Examiner 21.255
Hearings Before Hearing Examiner 21.256
Conduct of Hearing 21.257
Recommendation of Hearing Examiner 21.258
Consideration of Recommendation by Board of Trustees or Board Subcommittee 21.259
Decision of Board of Trustees or Board Subcommittee 21.260
Recording of Board Meeting and Announcement 21.301
Appeal to Commissioner 21.302
Evidentiary Hearing Before Commissioner 21.303
Determination by Commissioner 21.304
Decision of Commissioner 21.305
Costs on Appeal to Commissioner 21.306
Ex Parte Communications Prohibited 21.307
Judicial Appeals 21.351
Recommended Appraisal Process and Performance Criteria 21.352
Local Role 21.353
Appraisal on Basis of Classroom Teaching Performance 21.354
Appraisal of Certain Administrators 21.355
Confidentiality 21.356
Evaluation of School Counselors 21.357
Performance Incentives 21.401
Minimum Service Required 21.402
Minimum Salary Schedule for Certain Professional Staff 21.403
Placement on Minimum Salary Schedule 21.404
Planning and Preparation Time 21.405
Duty-free Lunch 21.406
Denial of Compensation Based on Absence for Religious Observance Prohibited 21.407
Requiring or Coercing Teachers to Join Groups, Clubs, Committees, or Organizations: Political Affairs 21.408
Right to Join or Not to Join Professional Association 21.409
Leave of Absence for Temporary Disability 21.414
Classroom Supply Reimbursement Program 21.415
Employment Contracts 21.0441
Admission Requirements for Educator Preparation Programs 21.0442
Educator Preparation Program for Probationary and Standard Trade and Industrial Workforce Training Certificates 21.0443
Educator Preparation Program Approval and Renewal 21.0444
Temporary Certification for Certain Military Service Members and First Responders 21.0451
Sanctions Under Accountability System for Educator Preparation Programs 21.451
Staff Development Requirements 21.0452
Consumer Information Regarding Educator Preparation Programs 21.452
Developmental Leaves of Absence 21.0453
Information for Candidates for Teacher Certification 21.453
Staff Development Account 21.0454
Risk Factors for Educator Preparation Programs 21.0455
Complaints Regarding Educator Preparation Programs 21.456
Science Training 21.457
Training for Teachers of Emergent Bilingual Students 21.458
Mentors 21.459
Bible Course Training 21.0462
Qualifications for Certification as School Counselor 21.462
Resources Regarding Students with Mental Health or Substance Abuse Conditions 21.464
Prekindergarten Teacher Training Course 21.465
Autism Training 21.0485
Certification to Teach Students with Visual Impairments 21.0486
Technology Applications Certification 21.0487
Junior Reserve Officer Training Corps Teacher Certification 21.0488
Trades and Industries Education Certification for Military Personnel 21.0489
Early Childhood Certification 21.0491
Probationary and Standard Trade and Industrial Workforce Training Certificates 21.501
Definition 21.502
Establishment of Program 21.503
Eligibility 21.504
Information and Applications 21.505
Selection of Participants 21.506
Limitation on Implementation 21.507
Preferences 21.508
Agreement 21.509
Stipend 21.510
Reimbursement 21.511
Rules 21.0525
Certification of Certain Military Instructors 21.0541
Continuing Education Credit for Instruction Related to Use of Automated External Defibrillator 21.0543
Continuing Education Credit for Instruction Related to Digital Technology 21.551
Purposes 21.552
Program Established 21.553
Financial Incentives 21.0581
Revocation for Assisting Person Who Engaged in Sexual Misconduct Obtain Employment 21.0585
Notice to Agency Regarding Revocation of Certificate or Permit for Certain Misconduct 21.601
Definitions 21.602
Establishment of Program 21.603
Eligibility 21.604
Information and Applications 21.605
Selection of Participants 21.606
Preferences 21.607
Agreement 21.608
Stipend 21.609
Reimbursement 21.610
Grants to Facilitate Placement 21.611
Rules 21.701
Definition 21.702
Educator Excellence Innovation Program 21.703
Amount of Grant Award 21.704
Local Educator Excellence Innovation Plans 21.706
Innovation Plan Payments 21.707
Rules 21.801
Establishment of Program 21.802
Program Components 21.803
Program Eligibility 21.804
Selection of Participants 21.805
Rules 21.806
Authority to Accept Certain Funds 21.1041
Hearing Under Probationary Contract 21.3041
Rehearing by Commissioner 21.3521
Local Optional Teacher Designation System 21.3541
Appraisal and Professional Development System for Principals 21.4021
Furloughs 21.4022
Required Process for Development of Furlough Program or Other Salary Reduction Proposal 21.4031
Professional Staff Service Records 21.4032
Reductions in Salaries of Classroom Teachers and Administrators 21.4045
Planning and Noninstructional Duties of Teachers 21.4511
Professional Development Activities for Teachers and Administrators 21.4513
Professional Development Requirements Audit 21.4514
Continuing Education and Training Clearinghouse 21.4515
Annual Adoption of Professional Development Policy 21.4552
Teacher Literacy Achievement Academies 21.4553
Teacher Mathematics Achievement Academies 21.4555
Civics Training Program 21.4556
Civics Training Program Advisory Board 21.4571
Texas English Language Proficiency Assessment System Training 21.04891
Bilingual Special Education Certification 21.7011
Purposes 21.7061
Implementation Flexibility
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Accessed:
Jun. 5, 2024

§ 21.255’s source at texas​.gov