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Tex. Educ. Code § 11.161

FRIVOLOUS SUIT OR PROCEEDING

Applied in 8 court decisions — leading case Loeffler v. Lytle Independent School District (2006)

Most recently applied in Roach v. Ingram (June 2018)

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

How often courts cite this section

199820002010201810
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.