A hearing requested pursuant to §157.1131 of this title
(relating to Applicability) shall be conducted in the following manner.
(1) The hearing shall be conducted by the State Office
of Administrative Hearings unless the school district or open-enrollment
charter school and the Texas Education Agency (TEA) agree in writing
to the appointment of another qualified person to conduct the hearing.
(2) Except as otherwise provided by this subchapter,
a hearing conducted under this section is a contested case under Texas
Government Code, Chapter 2001.
(3) A hearing conducted under this section shall be
held at the administrative offices of the school district or open-enrollment
charter school that requested the hearing or at another location within
the geographic boundaries of the district or charter school agreed
to by the district and TEA, unless the district or charter school
and TEA agree in writing to a different location.
(4) To protect the privacy of a witness who is a child,
the hearing examiner or the person conducting the hearing may:
(A) close the hearing to receive the testimony of the
witness; or
(B) order that the testimony or a statement of the
witness be presented using the procedures prescribed by the Code of
Criminal Procedure, Article 38.071.
(5) Not later than 90 calendar days after the date
on which the school district or open-enrollment charter school requests
a hearing, the hearing examiner or the person conducting the hearing
shall issue and submit to the commissioner of education findings of
fact and conclusions of law. The hearing examiner or the person conducting
the hearing may not issue a recommendation for relief.
(6) A hearing conducted under this section may not
be held on a Saturday, Sunday, or state or federal holiday, unless
agreed to by the school district or open-enrollment charter school
that requested the hearing and TEA.
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