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Texas Education Code - Section 25.034. Hearing; Action On Petition; Appeal

Legal Research Home > Texas Lawyer > Education Code > Texas Education Code - Section 25.034. Hearing; Action On Petition; Appeal

§ 25.034. HEARING;  ACTION ON PETITION;  APPEAL.  (a) On 
receiving a petition under Section 25.033, the board of trustees of 
the school district or the board of county school trustees shall:
		(1)  if a hearing is not requested, act on the petition 
not later than the 30th day after the date the petition is submitted 
and notify the petitioner of the board's conclusion;  or
		(2)  if a hearing is requested, designate a time and 
place for holding a hearing not later than the 30th day after the 
date the petition is submitted.
	(b)  If a hearing is requested, it shall be conducted by the 
board in compliance with this section.
	(c)  The petitioner may present evidence relevant to the 
individual student. 
	(d)  The board may conduct investigations as to the objection 
or request, examine any student involved, and employ agents, 
professional or otherwise, for the purpose of examinations and 
investigations.
	(e)  The board must grant the request made in the petition 
unless the board determines that there is a reasonable basis for 
denying the request.  The decision of the board, either with or 
without hearing, is final unless the student, or the parent, 
guardian, or custodian of the student as next friend, files 
exception to the decision of the board as constituting a denial of 
any right of the student guaranteed under the United States 
Constitution.
	(f)  If an exception is filed under Subsection (e), the board 
may reconsider its decision.  If the board has not ruled on the 
exception before the 16th day after the date of the filing, the 
exception is considered overruled.  If the exception is overruled, 
an appeal of the board's decision may be filed in the district court 
of the county in which the board is located.  The petition must:
		(1)  be filed not later than the 30th day after the date 
of the board's final decision;  and
		(2)  state the facts relevant to the student that 
relate to the alleged denial of the student's rights under the 
United States Constitution.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.            

Last modified: August 10, 2007