Texas Education Code 21.256 – Conduct of Hearing
Current as of: 2024 | Check for updates
|
Other versions
(a) A hearing under this subchapter must be private unless the teacher requests in writing that the hearing be public, except that a hearing examiner may close a hearing if necessary to maintain decorum.
(b) The hearing is not subject to Chapter 2001, Government Code.
Terms Used In Texas Education Code 21.256
- Appraisal: A determination of property value.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) At the hearing, a teacher has the right to:
(1) be represented by a representative of the teacher’s choice;
(2) hear the evidence on which the charges are based;
(3) cross-examine each adverse witness; and
(4) present evidence.
(d) The Texas Rules of Evidence apply at the hearing. A certified shorthand reporter shall record the hearing.
(e) The hearing shall be conducted in the same manner as a trial without a jury in a district court of this state. The hearing examiner’s findings of fact and conclusions of law shall be presumed to be based only on admissible evidence.
(f) To protect the privacy of a witness who is a child, the hearing examiner may:
(1) close the hearing to receive the testimony of the witness; or
(2) order that the testimony or a statement of the witness be presented using the procedures prescribed by Article 38.071, Code of Criminal Procedure.
(g) An evaluation or appraisal of the teacher is presumed to be admissible at the hearing.
(h) At the hearing, the school district has the burden of proof by a preponderance of the evidence.