Hearings Before an Independent Hearing Examiners
Pursuant to Texas Education Code Subchapter F, Section 21.251, a teacher can request a hearing after receiving notice of the proposed decision to terminate the teacher’s continuing contract at any time; terminate the teacher’s probationary or term contract before the end of the contract period, or suspend the teacher without pay.
Appeals of Proposed Contract Terminations
File Request for Independent Hearing Examiner (Tex. Educ. Code § 21.253)
To appeal the proposed termination, non-renewal, or suspension without pay, an educator must file a written request for the assignment of an independent hearing examiner along with the notice received from the school board no later than 15 calendar days after the date the educator received the notice. All requests for independent hearing examiners must include a the filing party's name, phone number, email address, and mailing address.
Filing of Documents with the Commissioner of Education
Requests must be filed with ÌÇÐÄvlog¹ÙÍø’s Division of Hearings & Appeals, by , email to HearingsandAppeals@tea.texas.gov, mail or hand delivery to Attn: Hearings and Appeals Division (160), 1701 N. Congress Ave., Suite 2-150, Austin, Texas 78701, or by fax to (512) 475-3662. Electronic filing is highly recommended.
Service of Documents on Other Parties (Tex. Admin. Code § 157.1050)
All documents filed with ÌÇÐÄvlog¹ÙÍø's Hearings and Appeals Division shall be served on all parties or the party's representative by the same method as the document was filed with the agency, except that electronic service and service by facsimile may be submitted for personal service. The educator must provide the district with a copy of the request.
Assignment of Independent Hearing Examiner (Tex. Educ. Code § 21.254(c))
A hearing examiner will be assigned to the case not earlier than the 6th business day, after the date on which the commissioner received the request for hearing. The division of hearings and appeals will issue a hearing examiner assignment letter to all parties.
Agreed Hearing Examiner Assignment (Tex. Educ. Code § 21.254(e))
If the parties agree on a hearing examiner, the parties shall, before the date the commissioner is permitted to assign a hearing examiner, notify the commissioner in writing of the agreement. The notice must include the name and contact information of the hearing examiner the parties agreed to use.
Rejection of Assigned Hearing Examiner (Tex. Educ. Code § 21.254(d))
If for any reason the parties agree to reject the assignment of a hearing examiner, a rejection must be filed in writing no later than 3 calendar days after the date of assignment. Once the case is assigned, the independent hearing examiner will be the main point of contact throughout the proceedings and all filings and communication should be directed to the assigned hearing examiner.
Independent Hearing Examiner Recommendation (Tex. Educ. Code § 21.257)
The independent hearing examiner shall complete the hearing and make a written recommendation no later than 60 calendar days after the date the request for hearing was received by ÌÇÐÄvlog¹ÙÍø. However, parties may agree to extend the written recommendation deadline by not more than 45 calendar days.
For more information regarding the conduct of hearings before an independent hearing examiner please refer to Tex. Educ. Code § 21.256.
Board Meeting after Issuance of Independent Hearing Examiner Recommendation (Tex. Educ. Code § 21.258 & § 21.259)
The school board must hold a board meeting within 20 calendar days after receipt of the independent hearing examiner’s recommendation. The Board shall announce its decision not later than 10 calendar days after the date of the board meeting.
Appeal of Board's Decision (Tex. Educ. Code § 21.301)
Educators can appeal the Board’s decision to the Commissioner under Tex. Educ. Code Subchapter G, section 21.301. (see Chapter 21 Appeals)