Tex. Codes » Education Code · TITLE 2. PUBLIC EDUCATION · SUBTITLE D. EDUCATORS AND SCHOOL DISTRICT EMPLOYEES AND VOLUNTEERS · CHAPTER 21. EDUCATORS
Texas Codes

Tex. Educ. Code § 21.259 (2026)

Decision Of Board Of Trustees Or Board Subcommittee

✓ current as of May 2026
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Sec. 21.259. DECISION OF BOARD OF TRUSTEES OR BOARD SUBCOMMITTEE. (a) Not later than the 10th day after the date of the board meeting under Section 21.258, the board of trustees or board subcommittee shall announce a decision that:

(1) includes findings of fact and conclusions of law; and

(2) may include a grant of relief.

(b) The board of trustees or board subcommittee may adopt, reject, or change the hearing examiner's:

(1) conclusions of law, including a determination regarding good cause for suspension without pay or termination; or

(2) proposal for granting relief.

(c) The board of trustees or board subcommittee may reject or change a finding of fact made by the hearing examiner only after reviewing the record of the proceedings before the hearing examiner and only if the finding of fact is not supported by substantial evidence.

(d) The board of trustees or board subcommittee shall state in writing the reason and legal basis for a change or rejection made under this section.

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

Amended by:

Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 14, eff. September 28, 2011.

Notes of Decisions
Cited in 20 cases (3 in the last 5 years), 1999–2025 · leading case: Montgomery Indep. Sch. Dist. v. Davis, 34 S.W.3d 559 (Tex. 2000).
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Montgomery Indep. Sch. Dist. v. Davis, 34 S.W.3d 559 (Tex. 2000). · cites it 7× “Tex. Educ.Code § 21.259. A board may adopt, reject, or change the hearing examiner’s conclusions of law or proposal for granting relief.”
Goodie v. Houston Indep. Sch. Dist., 57 S.W.3d 646 (Tex. App. 2001). · cites it 10× “Tex. Educ. Code Ann. § 21.259 (b) (Vernon 1996).”
Flores v. Employees Ret. Sys. of Texas, 74 S.W.3d 532 (Tex. App. 2002). · cites it 2× “TEX. EDUC. CODE § 21.259(d). Davis, 34 S.”
Tave v. Alanis, 109 S.W.3d 890 (Tex. App. 2003). “See Tex. Educ.Code Ann. § 21.259(a) (Vernon 1996) (not later than ten days after board subcommittee meeting to consider recommendation and record of hearing examiner, subcommittee shall “announce a decision” which includes findings of fact and conclusions of law and which may…”
Texas Comm'r of Educ. & Mission Consol. Indep. Sch. Dist. v. Dr. Maria Solis, 562 S.W.3d 591 (Tex. App. 2018). “After the hearing, the ALJ concluded that because MCISD had not “announced a decision under Texas Education Code section 21.259” or “advised [Solis] of its decision under Texas Education Code section 21.”
Miller v. Houston Indep. Sch. Dist., 51 S.W.3d 676 (Tex. App. 2001). “Tex.Educ.Code Ann. § 21.259(b), (d) (Vernon 1996).”
Coggin v. Longview Indep. Sch. Dist., 289 F.3d 326 (5th Cir. 2002). “See Tex. Educ.Code Ann. § 21.259. . The majority suggests that "nothing in the state statute or caselaw” prohibited the LISD from holding its own hearing.”
Matthews v. Scott, 268 S.W.3d 162 (Tex. App. 2008). “Because the board of trustees is required to “announce a decision” with respect to the hearing examiner’s recommendation within the time period set forth in Texas Education Code section 21.259, and never did so, he argues that he remains the superintendent of WHISD and is…”
Coggin v. Longview Indep. Sch. Dist., 337 F.3d 459 (5th Cir. 2002). “See Tex Educ.Code Ann. § 21.259. . Normally, the party who causes the deprivation of property is the party responsible for affording due process.”
Montgomery Indep. Sch. Dist. v. Davis, 994 S.W.2d 435 (Tex. App. 1999). “The court held (1) that finding of fact 17 was properly a finding of fact that could not be deemed a conclusion of law by the board, (2) that the board’s additional findings of fact did not support its decision by substantial evidence, and (3) that the decision to not renew…”
Coggin v. Longview Indep Sch, 337 F.3d 459 (5th Cir. 2003). “See TEX. EDUC. CODE ANN. § 21.259. 35 provided him with constitutionally adequate notice of the charges against him and informed him of the procedures he needed to follow to request a pre-termination hearing from the Commissioner of the TEA.”
Aleman v. Edcouch Elsa Indep. Sch. Dist., 982 F. Supp. 2d 729 (S.D. Tex. 2013). “See Tex. Educ. Code § 21.259. Although Plaintiff attempts to seize upon the lack of “evidence,” i.”
Show all 20 citing cases →
— Tex. Educ. Code § 21.259(a) — 2 cases
Tave v. Alanis, 109 S.W.3d 890 (Tex. App. 2003). “See Tex. Educ.Code Ann. § 21.259(a) (Vernon 1996) (not later than ten days after board subcommittee meeting to consider recommendation and record of hearing examiner, subcommittee shall “announce a decision” which includes findings of fact and conclusions of law and which may…”
Judson Indep. Sch. Dist. & Michael L. Williams, in His Off. Capacity as Comm'r of Educ. v. Maria Hortencia Ruiz (Tex. App. 2015).
— Tex. Educ. Code § 21.259(b) — 2 cases
Miller v. Houston Indep. Sch. Dist., 51 S.W.3d 676 (Tex. App. 2001). “Tex.Educ.Code Ann. § 21.259(b), (d) (Vernon 1996).”
Montgomery Indep. Sch. Dist. v. Davis, 994 S.W.2d 435 (Tex. App. 1999). “The court held (1) that finding of fact 17 was properly a finding of fact that could not be deemed a conclusion of law by the board, (2) that the board’s additional findings of fact did not support its decision by substantial evidence, and (3) that the decision to not renew…”
— Tex. Educ. Code § 21.259(b)(1) — 2 cases
Edinburg Consol. Indep. Sch. Dist. & Mike Morath, Comm'r of Educ. for the State of Texas v. Cristina L. Esparza (Tex. App. 2020).
Klein Indep. Sch. Dist. & Mike Morath, Texas Comm'r of Educ. v. Alana Sisk (Tex. App. 2023).
— Tex. Educ. Code § 21.259(c) — 3 cases
Montgomery Indep. Sch. Dist. v. Davis, 34 S.W.3d 559 (Tex. 2000). “Tex. Educ.Code § 21.259. A board may adopt, reject, or change the hearing examiner’s conclusions of law or proposal for granting relief.”
Goodie v. Houston Indep. Sch. Dist., 57 S.W.3d 646 (Tex. App. 2001). “Tex. Educ. Code Ann. § 21.259 (b) (Vernon 1996).”
Edinburg Consol. Indep. Sch. Dist. & Mike Morath, Comm'r of Educ. for the State of Texas v. Cristina L. Esparza (Tex. App. 2020).
— Tex. Educ. Code § 21.259(d) — 8 cases
Flores v. Employees Ret. Sys. of Texas, 74 S.W.3d 532 (Tex. App. 2002). “TEX. EDUC. CODE § 21.259(d). Davis, 34 S.”
Montgomery Indep. Sch. Dist. v. Davis, 34 S.W.3d 559 (Tex. 2000). “Tex. Educ.Code § 21.259. A board may adopt, reject, or change the hearing examiner’s conclusions of law or proposal for granting relief.”
Goodie v. Houston Indep. Sch. Dist., 57 S.W.3d 646 (Tex. App. 2001). “Tex. Educ. Code Ann. § 21.259 (b) (Vernon 1996).”
Sheldon Indep. Sch. Dist. v. Brandon Romero & Mike Morath, Texas Comm'r of Educ. (Tex. App. 2022).
Edinburg Consol. Indep. Sch. Dist. & Mike Morath, Comm'r of Educ. for the State of Texas v. Cristina L. Esparza (Tex. App. 2020).
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