Sec. 11.161. FRIVOLOUS SUIT OR PROCEEDING. (a) In a civil suit or administrative proceeding brought under state law or rules against an independent school district or an officer of an independent school district acting under color of office, the court or another person authorized to make decisions regarding the proceeding may award costs and reasonable attorney's fees if:
(1) the court or other authorized person finds that the suit or proceeding is frivolous, unreasonable, and without foundation; and
(2) the suit or proceeding is dismissed or judgment is for the defendant.
(b) This section does not apply to a civil suit or administrative proceeding brought under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.). A civil suit or administrative proceeding described by this subsection is governed by the attorney's fees provisions under 20 U.S.C. Section 1415.
(c) This section does not apply to a proceeding regarding a grievance filed under the grievance procedure established by the board of trustees of a school district under Section 26.011.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 1125 (S.B. 12), Sec. 6, eff. September 1, 2025.
Notes of Decisions
Kessling v. Friendswood Indep. Sch. Dist., 302 S.W.3d 373 (Tex. App. 2009).
· cites it 4× “Tex. Educ.Code §§ 11.161, 22.055. We review the court's refusal to award fees under either statute under an abuse of discretion standard.”
Jackson v. Houston Indep. Sch. Dist., 994 S.W.2d 396 (Tex. App. 1999).
“She argues the trial court erred in awarding HISD its costs under Tex. EduC.Code Ann. § 11.161 (Vernon Supp.”
Lamesa Indep. Sch. Dist. v. Booe, 251 S.W.3d 831 (Tex. App. 2008).
“161. Section 11.161 permits a court to award costs and reasonable attorney’s fees to an independent school district in a suit filed against the district if the suit is frivolous and is either dismissed or adjudged in favor of the district.”
Martin v. U.S. Equal Emp. Opportunity Comm'n, 19 F. Supp. 3d 291 (D.D.C. 2014).
“) Finally, Defendants YES and Yar-brough answered the complaint on December 28, 2012, largely denying the allegations (including the allegation that this Court was the proper venue for Martin’s claims), and asserting a counterclaim under Texas Education Code § 11.161, which…”
Cavazos v. Edgewood Indep. Sch. Dist., 400 F. Supp. 2d 948 (W.D. Tex. 2005).
· cites it 2× “The official capacity Defendants (EISD and all other Defendants, except for Nora Perez, in their official capacities) have included a counterclaim pursuant to Tex. Educ.Code Ann. § 11.161 in this Court.”
K.U. Ex Rel. Michael U. v. Alvin Indep. Sch. Dist., 991 F. Supp. 599 (S.D. Tex. 1998).
“” Although the Court has dismissed all of Plaintiffs claims as lacking factual and legal justification, the Court also appreciates that no matter how unreasonable Plaintiffs demands, they were motivated by a laudable affection between parent and child, and by the parents’ active…”
Roach v. Ingram, 557 S.W.3d 203 (2018).
· cites it 3× “See Tex. Educ. Code § 11.161. The Parents and the Attorneys nevertheless argue that a court should be required to articulate the specific reasons for imposing sanctions under the Education Code just as is required by Chapter 10 and Rule 13 of the Texas Rules of Civil Procedure,…”
Alex Farr, Leigh A. Simpson, Kyla Garcia, Gynette Rodriguez, Karan Hannah, Rebecca Britton, Nancy Bean, Rose Crusdale, Ashley Robinson, A.S., Next of Friend of J.S., a Minor, V.G. Next of Friend of S.G., a Minor v. Arlington Indep. Sch. Dist., Arlington Indep. Sch. Dist. Bd. of Trs., Jamie Sullins, & Marcelo Cavazos (Tex. App. 2018).
· cites it 4× “As such, Defendant AISD is entitled to attorney’s fees under Texas Education Code section 11.161 and/or Texas Civil Practices and Remedies Code section 105.”
Fernando Yates v. Houston Indep. Sch. Dist. (Tex. App. 2025).
· cites it 2× “When an appellate issue is unsupported by argument or lacks citation to the record 3 See TEX. EDUC. CODE § 11.161(a) (authorizing recovery of attorneys’ fees in civil suit brought under state law against independent school district if court finds suit “frivolous, unreasonable,…”
— Tex. Educ. Code § 11.161(a) — 1 case
Fernando Yates v. Houston Indep. Sch. Dist. (Tex. App. 2025).
“When an appellate issue is unsupported by argument or lacks citation to the record 3 See TEX. EDUC. CODE § 11.161(a) (authorizing recovery of attorneys’ fees in civil suit brought under state law against independent school district if court finds suit “frivolous, unreasonable,…”
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