reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter BB - SPECIFIC APPEALS TO THE COMMISSIONER › Section 157.1071 - Hearings in Which the Texas Education Agency is a Party

Current through Reg. 49, No. 28; July 12, 2024
(a) All requests for hearing in which the
				  Texas Education Agency (the agency) is a petitioner or respondent shall be
				  heard by the State Office of Administrative Hearings (SOAH).
(b) In hearings in which the agency is not
				  the petitioner, petitions for review or requests for hearing shall be filed
				  with the commissioner within 30 calendar days after the decision, order, or
				  ruling complained of is first communicated to the petitioner, except as
				  otherwise provided by law or agency rule.
(c) The agency's division responsible for
				  hearings and appeals shall transmit the petition for review or request for
				  hearing and a request to docket the hearing to SOAH.
(d) The agency administrative law judge may
				  issue subpoenas if the requirements of Texas Government Code, §
										2001.089,
				  are met. To obtain a subpoena, the moving party shall meet the following
				  requirements.
(1) The motion shall set forth
				  good cause for the issuance of the subpoena. The statement of good cause must
				  be more than a conclusory statement that the witness' testimony is reasonably
				  calculated to lead to the discovery of admissible evidence. The statement
				  should specify how the requested testimony is likely to lead to admissible
				  evidence concerning a particular issue in the case, including a statement of
				  the operative facts.
(2) The motion
				  shall contain a statement that counsel or the party, if not represented by
				  counsel, has dedicated funds sufficient to pay a witness or deponent who is not
				  a party to the case, the amount required under Texas Government Code, §
											2001.103,
				  and will tender that amount to the witness or deponent no later than
				  immediately following testimony or when the witness or deponent is
				  released.
(3) If a party requests a
				  witness to bring documents or objects, the motion should specifically identify
				  the documents or objects and specify the good cause for each document or
				  object.
(4) Motions to quash
				  subpoenas must be filed with the SOAH.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter BB - SPECIFIC APPEALS TO THE COMMISSIONER › Section 157.1072 - Hearings Brought Under Texas Education Code, Chapter 21, Subchapter G

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This section shall apply
				  to all hearings under the Texas Education Code (TEC), Chapter 21, Subchapter G.
				  To the extent that this section conflicts with any other sections governing
				  hearings before the commissioner, this section shall prevail.
(b) Standard of review. All hearings under
				  this section shall be decided upon a substantial evidence review of the record
				  created before an independent hearing examiner or the board of trustees except
				  that the administrative law judge may take evidence of procedural
				  irregularities that are not reflected in the local record that occurred at a
				  hearing before an independent hearing examiner. In a request for an evidentiary
				  hearing, a party shall identify the specific defect and its claimed effect on
				  the decision of the board of trustees or board subcommittee. After such
				  evidentiary hearing, the commissioner may:
(1) remand the case to the board of trustees
				  with instructions;
(2) reverse the
				  decision of the board of trustees; or
(3) decide the case on the merits if the
				  commissioner finds that a procedural irregularity occurred but finds that the
				  procedural irregularity was harmless.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter BB - SPECIFIC APPEALS TO THE COMMISSIONER › Section 157.1073 - Hearings Brought Under Texas Education Code, Section

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				  This section shall apply to all hearings brought under Texas Education Code
				  (TEC), 7.057. To the extent that this section conflicts with any other section
				  governing hearings before the commissioner, the requirements of this section
				  shall prevail.
(b) Jurisdiction.
				  The commissioner has jurisdiction of allegations that a person is aggrieved by:
(1) the school laws of the state;
				  or
(2) the actions or decisions of
				  any school district board of trustees that violate:
(A) the school laws of the state;
				  or
(B) a provision of a written
				  employment contract between the school district and a school district employee,
				  if a violation causes or would cause monetary harm to the employee.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter CC - HEARINGS OF APPEALS ARISING UNDER FEDERAL LAW AND REGULATIONS › Section 157.1081 - Applicant's Opportunity for a Hearing Prior to Denial of an Application

Current through Reg. 49, No. 28; July 12, 2024
(a) Before the Texas Education Agency (TEA)
				  disapproves an application filed under any of the following programs, the
				  commissioner of education shall provide the applicant with notice and an
				  opportunity for a hearing:
(1) Chapter 1,
				  program in local educational agencies, as authorized under the Elementary and
				  Secondary Education Act of 1965, Title I, Chapter 1, as amended (20 United
				  States Code (USC), §§2701-2731, 2821-2838, 2851-2854, and 2891-2901;
				  and 34 Code of Federal Regulations (CFR), Part 200);
(2) Chapter 1, program for neglected or
				  delinquent children, as authorized under the Elementary and Secondary Education
				  Act of 1965, Title I, Chapter 1, as amended (20 USC,
				  §§2801 - 2804; and 34 CFR, Part
				  203);
(3) state grants for
				  strengthening instruction in mathematics and science, as authorized under the
				  Elementary and Secondary Education Act of 1965, Title II, Part A, as amended
				  (20 USC, §§2981 -
				  2993; and 34 CFR,
				  Part 208);
(4) federal, state, and
				  local partnership for educational improvement, as authorized under the
				  Elementary and Secondary Education Act of 1965, Title I, Chapter 2, as amended
				  (20 USC, §§2911 - 2952 and 2971 - 2976; and 34 CFR, Part
				  298);
(5) assistance to states for
				  education of children with disabilities, as authorized under the Individuals
				  with Disabilities Education Act, Part B (except Section 619) (20
				  USC, §§1411 - 1420; and 34 CFR,
				  Part 300);
(6) preschool grants, as
				  authorized under the Individuals with Disabilities Education Act, §619
				  (20 USC,
				  §1419; and 34 CFR, Part 301);
(7) Chapter 1, state operated or supported
				  programs for children with disabilities, as authorized under the Elementary and
				  Secondary Education Act of 1965, Title I, Chapter 1, as amended (20 USC,
				  §§2791 - 2795; and 34 CFR, Part 302);
(8) transition program for refugee children,
				  as authorized under the Immigration and Naturalization Act, §412(d)
				  (8
				  USC, §1522(d); and 34
				  CFR, Part 538);
(9) emergency
				  immigrant education program, as authorized under the Emergency Immigrant
				  Education Act (20 USC, §§3121 - 3130; and 34 CFR, Part 581);
				  or
(10) financial assistance for
				  construction, reconstruction, or renovation of higher education facilities, as
				  authorized under the Higher Education Act of 1965, §711 (20 USC,
				  §1132b; and 34 CFR, Part 617).
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter CC - HEARINGS OF APPEALS ARISING UNDER FEDERAL LAW AND REGULATIONS › Section 157.1082 - Grantee's or Subgrantee's Opportunity for a Hearing in an Enforcement Action

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Education Agency (TEA) may take
				  one or more of the following actions specified in 2 Code of Federal
				  Regulations, §200.339, as appropriate in the circumstances, if a grantee
				  or subgrantee materially fails to comply with any term of an award, whether
				  stated in a federal statute or regulation as an assurance, in a state plan or
				  application, in a notice of award, or elsewhere:
(1) temporarily withhold cash payments
				  pending correction of the deficiency by the grantee or subgrantee or more
				  severe enforcement action by the awarding agency;
(2) disallow (that is, deny both use of funds
				  and matching credit for) all or part of the cost of the activity or action not
				  in compliance;
(3) wholly or partly
				  suspend or terminate the current award for the grantee's or subgrantee's
				  program;
(4) withhold further
				  awards for the program; or
(5) take
				  other remedies that may be legally available.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter CC - HEARINGS OF APPEALS ARISING UNDER FEDERAL LAW AND REGULATIONS › Section 157.1083 - Procedures for Hearing for Denial of an Application or an Enforcement Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Requirements
				  for request for hearing.
(1) The applicant,
				  grantee, or subgrantee shall file a request for a hearing within 30 days after
				  the date of the action taken by the Texas Education Agency (TEA).
(2) The request for hearing shall follow the
				  filing requirements set forth in TEA's notice of action.
(3) The applicant, grantee, or subgrantee
				  shall specify the action or proposed action that is the subject of the
				  requested hearing, the statutory or regulatory authority identifying and
				  supporting a finding that a violation occurred, and specific facts supporting a
				  finding that the action taken by TEA is in error.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter CC - HEARINGS OF APPEALS ARISING UNDER FEDERAL LAW AND REGULATIONS › Section 157.1084 - Appeal from the Decision of the Commissioner of Education

Current through Reg. 49, No. 28; July 12, 2024
If the commissioner of education or the commissioner's
					 designee does not rescind the final action after the review under §
										157.1083(b)
					 of this title (relating to Procedures for Hearing for Denial of an Application
					 or an Enforcement Action), the applicant may appeal to the secretary of
					 education under
					 34 CFR,
					 §76.401(d)(5) and
					 (6).
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter DD - HEARINGS CONDUCTED BY INDEPENDENT HEARING EXAMINERS › Section 157.1101 - Rates of Independent Hearing Examiners

Current through Reg. 49, No. 28; July 12, 2024
(a) An independent hearing examiner shall be
				  compensated at the rate of $125 per hour for billable professional services.
				  Billable professional services are activities that directly relate to
				  implementing a hearing assignment, including prehearing and post-hearing
				  telephone conferences; drafting and reviewing correspondence, documents, and
				  evidence; participating in an evidentiary hearing; and drafting and finalizing
				  an opinion or recommendation.
(b)
				  An independent hearing examiner is eligible to receive a maximum compensation
				  of $10,000 for each case. This amount may not be increased.
(c) While conducting a hearing, an
				  independent hearing examiner is entitled to receive per diem and expenses at
				  rates established by the State of Texas for overnight travel related to
				  official state business. Per diem includes food, lodging, and transportation.
(See
https://fmx.cpa.state.tx.us/fm/travel/travelrates.php)
(d) An independent hearing examiner is
				  entitled to reimbursement for expenses directly related to the hearing such as
				  long distance telephone calls, postage to the parties or to the commissioner of
				  education, cost of copies, or facsimiles. An independent hearing examiner may
				  not be reimbursed for expenses arising from legal research such as computerized
				  legal research services. An independent hearing examiner may not be reimbursed
				  for expenses related to acquiring research materials or for registration fees
				  to attend required continuing legal education seminars and
				  conferences.
(e) All billings and
				  claims for reimbursement shall be prepared pursuant to this section and shall
				  be presented to the school district for payment. Compensable hourly services
				  shall be billed in quarter-hour increments. An independent hearing examiner may
				  not be compensated for services rendered by any other person.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter DD - HEARINGS CONDUCTED BY INDEPENDENT HEARING EXAMINERS › Section 157.1102 - Assignment of Independent Hearing Examiners

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Education Agency (TEA) division
				  responsible for hearings and appeals shall notify an independent hearing
				  examiner by email that he or she has been assigned a hearing. The independent
				  hearing examiner shall, by return email or facsimile to the division within 72
				  hours, acknowledge the assignment and indicate whether he or she is able to
				  accept the assignment. The division shall notify the parties to the hearing of
				  the assignment.
(b) If the
				  independent hearing examiner is unable to accept the assignment, the
				  independent hearing examiner shall notify the TEA division responsible for
				  hearings and appeals by telephone, email, or facsimile as soon as possible
				  within 72 hours after the assignment.
(c) Failure to comply with subsection (b) of
				  this section shall result in the case being assigned to another independent
				  hearing examiner.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter DD - HEARINGS CONDUCTED BY INDEPENDENT HEARING EXAMINERS › Section 157.1103 - Report of the Independent Hearing Examiner

Current through Reg. 49, No. 28; July 12, 2024
(a) Within ten calendar days after issuing
				  proposed findings of fact and conclusions of law, the independent hearing
				  examiner shall submit the findings and conclusions, along with any recommended
				  relief, to the commissioner of education.
(b) The recommendation shall be transmitted
				  as an attachment to an email and a scanned copy or a paper copy of the
				  signature page shall be submitted to complete the filing.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter EE - INFORMAL REVIEW, FORMAL REVIEW, AND REVIEW BY STATE OFFICE OF ADMINISTRATIVE HEARINGS › Division 1 - INFORMAL REVIEW › Section 157.1121 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This division applies to:
(1) a final investigation report issued under
					 the Texas Education Code (TEC), §39.003, except when the final
					 investigation report includes a recommendation for a board of managers,
					 alternative management of a campus, or the closure of a district or district
					 campus;
(2) an over-allocation to
					 an open-enrollment charter school described under §
											100.1041(e)
					 of this title (relating to State Funding);
(3) a determination to deny a petition for
					 renewal and allow a charter of an open-enrollment charter school to expire
					 pursuant to the TEC, §
											12.1141(d);
(4) a decision subject to review by the State
					 Office of Administrative Hearings under Division 3 of this subchapter (relating
					 to State Office of Administrative Hearings Substantial Evidence Review) or
					 Division 4 of this subchapter (relating to State Office of Administrative
					 Hearings Arbitrary and Capricious or Clearly Erroneous Review);
(5) the assignment of an accreditation
					 status; and
(6) any other
					 investigation made subject to this division at the sole discretion of Texas
					 Education Agency staff.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter EE - INFORMAL REVIEW, FORMAL REVIEW, AND REVIEW BY STATE OFFICE OF ADMINISTRATIVE HEARINGS › Division 1 - INFORMAL REVIEW › Section 157.1122 - Notice of Informal Review

Current through Reg. 49, No. 28; July 12, 2024
A final report, an assignment, a determination, or a
						decision subject to this division must be presented in writing to the school
						district or open-enrollment charter school that the Texas Education Agency
						(TEA) finds has violated a law, rule, or policy and must:
(1) describe the factual and legal basis for
					 each violation;
(2) identify the
					 action proposed to be taken as a result of the final report, assignment,
					 determination, or decision;
(3)
					 describe the procedures for obtaining an informal review of the final report,
					 assignment, determination, or decision;
(4) identify the TEA representative to whom
					 the request for an informal review may be addressed; and
(5) set a deadline for requesting and
					 submitting items and information to be considered during an informal
					 review.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter EE - INFORMAL REVIEW, FORMAL REVIEW, AND REVIEW BY STATE OFFICE OF ADMINISTRATIVE HEARINGS › Division 2 - HEARING FOLLOWING INVESTIGATION › Section 157.1131 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This division applies only to a commissioner of education
						decision resulting from a special investigation to:
(1) appoint a board of managers;
(2) appoint alternative management to a
					 campus; or
(3) close a school
					 district or district campus.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter EE - INFORMAL REVIEW, FORMAL REVIEW, AND REVIEW BY STATE OFFICE OF ADMINISTRATIVE HEARINGS › Division 2 - HEARING FOLLOWING INVESTIGATION › Section 157.1133 - Hearing Procedures

Current through Reg. 49, No. 28; July 12, 2024
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.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter EE - INFORMAL REVIEW, FORMAL REVIEW, AND REVIEW BY STATE OFFICE OF ADMINISTRATIVE HEARINGS › Division 2 - HEARING FOLLOWING INVESTIGATION › Section 157.1134 - Commissioner Determination

Current through Reg. 49, No. 28; July 12, 2024
(a) After a
					 hearing is conducted under Texas Education Code (TEC), §39.005, the
					 commissioner of education shall provide an opportunity for the Texas Education
					 Agency (TEA) and the school district or open-enrollment charter school to
					 present oral argument to the commissioner regarding the disagreement that
					 formed the basis of the hearing. The commissioner shall provide TEA and the
					 school district or open-enrollment charter school with equal time for oral
					 argument.
(b) After hearing any
					 oral argument presented under subsection (a) of this section, the commissioner
					 shall issue a written decision to the school district or open-enrollment
					 charter school that contains:
(1) findings of
					 fact;
(2) conclusions of law;
					 and
(3) sanctions, interventions,
					 or other actions authorized by law.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter EE - INFORMAL REVIEW, FORMAL REVIEW, AND REVIEW BY STATE OFFICE OF ADMINISTRATIVE HEARINGS › Division 2 - HEARING FOLLOWING INVESTIGATION › Section 157.1135 - Judicial Review

Current through Reg. 49, No. 28; July 12, 2024
(a) Notwithstanding
					 Texas Government Code, Chapter 2001, a school district or open-enrollment
					 charter school may only appeal a decision made by the commissioner of education
					 under Texas Education Code (TEC), §39.006, and this section in accordance
					 with TEC, § 39.007, and this section.
(b) A school district or open-enrollment
					 charter school may appeal a decision made by the commissioner under TEC, §
					 39.006, and this section to:
(1) a district
					 court with jurisdiction in the county in which the school district's or
					 open-enrollment charter school's central administrative offices are located;
					 or
(2) a district court in Travis
					 County, if agreed to by the school district or open-enrollment charter school
					 and the commissioner.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter EE - INFORMAL REVIEW, FORMAL REVIEW, AND REVIEW BY STATE OFFICE OF ADMINISTRATIVE HEARINGS › Division 3 - STATE OFFICE OF ADMINISTRATIVE HEARINGS SUBSTANTIAL EVIDENCE REVIEW › Section 157.1151 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This division applies only to review of a commissioner of
						education decision to:
(1) close a
					 school district under the Texas Education Code (TEC), Chapter 39 or
					 39A;
(2) close an open-enrollment
					 charter school under TEC, Chapter 39 or 39A;
(3) close a school district campus under TEC,
					 Chapter 39 or 39A;
(4) close an
					 open-enrollment charter school campus under TEC, Chapter 39 or 39A;
(5) order alternative management of a school
					 district campus under TEC, Chapter 39 or 39A;
(6) order alternative management of an
					 open-enrollment charter school under TEC, Chapter 39 or 39A;
(7) appoint a board of managers to a school
					 district under TEC, Chapter 39 or 39A, unless the school district is owed a
					 contested hearing under TEC, § 39.005;
(8) appoint a board of managers to an
					 open-enrollment charter school under TEC, Chapter 39 or 39A, unless the charter
					 school is owed a contested hearing under TEC, § 39.005;
(9) appoint a conservator or management team
					 to a school district under TEC, Chapter 39 or 39A; and
(10) appoint a conservator or management team
					 to an open-enrollment charter school under TEC, Chapter 39 or 39A.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter EE - INFORMAL REVIEW, FORMAL REVIEW, AND REVIEW BY STATE OFFICE OF ADMINISTRATIVE HEARINGS › Division 3 - STATE OFFICE OF ADMINISTRATIVE HEARINGS SUBSTANTIAL EVIDENCE REVIEW › Section 157.1153 - Applicability of Other Law

Current through Reg. 49, No. 28; July 12, 2024
(a) A review
					 under this division shall be governed by the procedures provided by this
					 division and is not subject to the Texas Government Code, Chapter 2001, except
					 as provided by the Texas Education Code, §
											39A.301.
(b) A review conducted by the State Office of
					 Administrative Hearings (SOAH) under this division is governed by Chapter 155
					 of Title 1 (relating to Rules of Procedure), except as modified
					 herein.
(c) To the extent that a
					 provision of this division conflicts with a rule or practice of the SOAH, this
					 division shall prevail.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter EE - INFORMAL REVIEW, FORMAL REVIEW, AND REVIEW BY STATE OFFICE OF ADMINISTRATIVE HEARINGS › Division 3 - STATE OFFICE OF ADMINISTRATIVE HEARINGS SUBSTANTIAL EVIDENCE REVIEW › Section 157.1155 - Petition for Review

Current through Reg. 49, No. 28; July 12, 2024
(a) A school
					 district or an open-enrollment charter school subject to a decision defined by
					 §
											157.1151
					 of this title (relating to Applicability) (petitioner) may file with the Texas
					 Education Agency (TEA) a petition for review of the decision or determination
					 under this division. The petition must be received by the TEA not later than
					 the 15th calendar day after the notice is sent to the petitioner.
(1) The petition for review shall include a
					 copy of the challenged decision and any attachments or exhibits to the
					 decision.
(2) The petition for
					 review shall concisely state, in numbered paragraphs:
(A) if alleging the decision was made in
					 violation of a statutory provision, the statutory provision violated and the
					 specific facts supporting a conclusion that the statute was violated by the
					 decision;
(B) if alleging the
					 decision was made in excess of the TEA's statutory authority, the TEA's
					 statutory authority and the specific facts supporting a conclusion that the
					 decision was made in excess of this authority;
(C) if alleging the decision was made through
					 unlawful procedure, the lawful procedure and the specific facts supporting a
					 conclusion that the decision was made through unlawful procedure;
(D) if alleging the decision was affected by
					 other error of law, the law violated and the specific facts supporting a
					 conclusion that the decision violated that law;
(E) if alleging the decision was not
					 reasonably supported by substantial evidence considering the reliable and
					 probative evidence, each finding, inference, conclusion, or decision that was
					 unsupported by substantial evidence;
(F) if alleging the decision was arbitrary or
					 capricious or characterized by abuse of discretion or clearly unwarranted
					 exercise of discretion, each finding, inference, conclusion, or decision
					 affected and the specific facts supporting a conclusion that each was so
					 affected; and
(G) for each
					 violation, error, or defect alleged under subparagraphs (A)-(F) of this
					 paragraph, the substantial rights of the school district or charter school that
					 were prejudiced by such violation, error, or defect.
(3) A petition for review shall further
					 contain:
(A) a concise statement of the
					 relief sought by the petitioner; and
(B) the name, mailing address, telephone
					 number, and facsimile number of the petitioner's representative.
(4) A request for relief in a
					 review under this division may not be made orally or as part of the record at a
					 prehearing conference or hearing.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter EE - INFORMAL REVIEW, FORMAL REVIEW, AND REVIEW BY STATE OFFICE OF ADMINISTRATIVE HEARINGS › Division 3 - STATE OFFICE OF ADMINISTRATIVE HEARINGS SUBSTANTIAL EVIDENCE REVIEW › Section 157.1157 - Standard of Review

Current through Reg. 49, No. 28; July 12, 2024
(a) In response to
					 a challenge to a commissioner of education decision under the Texas Education
					 Code (TEC), §
											39.152, the
					 administrative law judge shall conduct a hearing to consider evidence and
					 arguments regarding the decision. Based on the evidence and arguments
					 presented, the administrative law judge shall review the commissioner's
					 decision under the substantial evidence rule as provided by Government Code,
					 §
											2001.174
					 and §
											2001.175,
					 and judicial case precedents construing those provisions.
(b) The State Office of Administrative
					 Hearings (SOAH) may not substitute its judgment for the judgment of the
					 commissioner on questions committed to the commissioner's discretion. Questions
					 committed to the commissioner's discretion include, but are not limited to, the
					 following:
(1) any questions arising under a
					 statute, rule, or other legal standard that requires or permits the
					 commissioner to make a decision within general legal guidelines that do not
					 mandate a specific result under the circumstances; and
(2) the execution of any act authorized or
					 required to be taken by the commissioner.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter EE - INFORMAL REVIEW, FORMAL REVIEW, AND REVIEW BY STATE OFFICE OF ADMINISTRATIVE HEARINGS › Division 3 - STATE OFFICE OF ADMINISTRATIVE HEARINGS SUBSTANTIAL EVIDENCE REVIEW › Section 157.1165 - Enforcement of Decision Pending Review

Current through Reg. 49, No. 28; July 12, 2024
The pendency of a review under this division does not
						stay or otherwise affect the enforcement of the commissioner of education
						decision challenged under this division.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter EE - INFORMAL REVIEW, FORMAL REVIEW, AND REVIEW BY STATE OFFICE OF ADMINISTRATIVE HEARINGS › Division 3 - STATE OFFICE OF ADMINISTRATIVE HEARINGS SUBSTANTIAL EVIDENCE REVIEW › Section 157.1167 - Expedited Review

Current through Reg. 49, No. 28; July 12, 2024
(a) The State
					 Office of Administrative Hearings (SOAH) shall expedite its review of a
					 challenge under this division in order to meet the requirements of this
					 section.
(b) The administrative law
					 judge shall issue a pre-hearing order initially setting a date for closure of
					 the record that is not later than the 30th calendar day after the date the
					 petition for review is transmitted to the SOAH.
(c) The administrative law judge may grant a
					 continuance of the date set in subsection (b) of this section only for good
					 cause shown.
(d) The administrative
					 law judge may not order a settlement conference, mediation, or other form of
					 alternative dispute resolution.
(e)
					 The administrative law judge shall issue a final order not later than the 30th
					 calendar day after the date on which the record is finally closed.
(f) Where the revocation of a charter is an
					 issue, in all cases where the matter is docketed at the SOAH on or before March
					 15, the administrative law judge shall issue a final order not later than May
					 31 of the same year.
(g) Where the
					 revocation of a charter is an issue, in setting deadlines and issuing orders,
					 the SOAH shall consider the following:
(1) the
					 need for parents and students to evaluate, select, and enroll in another school
					 district or open-enrollment charter school;
(2) the need for educators and staff to find
					 other employment;
(3) the need for
					 the school district or open-enrollment charter school to engage in an orderly
					 termination of its operations; and
(4) the need for the Texas Education Agency
					 to facilitate and complete an orderly termination of the operations of a school
					 district or open-enrollment charter school.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter EE - INFORMAL REVIEW, FORMAL REVIEW, AND REVIEW BY STATE OFFICE OF ADMINISTRATIVE HEARINGS › Division 3 - STATE OFFICE OF ADMINISTRATIVE HEARINGS SUBSTANTIAL EVIDENCE REVIEW › Section 157.1169 - Conduct of Review During a Ratings Appeal

Current through Reg. 49, No. 28; July 12, 2024
(a) The administrative law judge shall
					 proceed with an expedited review under this division during any ratings appeal
					 under the Texas Education Code (TEC), §
											39.151,
					 and shall presume for purposes of such review that the rating will not change
					 by reason of the appeal, unless the commissioner of education:
(1) withdraws the rating; or
(2) requests that review of the final
					 decision be abated pending the outcome of the ratings appeal.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter EE - INFORMAL REVIEW, FORMAL REVIEW, AND REVIEW BY STATE OFFICE OF ADMINISTRATIVE HEARINGS › Division 3 - STATE OFFICE OF ADMINISTRATIVE HEARINGS SUBSTANTIAL EVIDENCE REVIEW › Section 157.1171 - Final Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) The decision of
					 the administrative law judge:
(1) may not
					 order a sanction or relief that the commissioner of education is not authorized
					 to order under applicable law;
(2)
					 may not change an accreditation status; and
(3) may not change an academic or a financial
					 accountability rating.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter EE - INFORMAL REVIEW, FORMAL REVIEW, AND REVIEW BY STATE OFFICE OF ADMINISTRATIVE HEARINGS › Division 3 - STATE OFFICE OF ADMINISTRATIVE HEARINGS SUBSTANTIAL EVIDENCE REVIEW › Section 157.1173 - Application to Charter Schools

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 charter of an open-enrollment charter school is automatically:
(1) revoked, void, and of no further force or
					 effect on the effective date of a final decision by the commissioner of
					 education ordering the charter school closed under this division; and
(2) modified to remove authorization for an
					 individual campus on the effective date of a final decision by the commissioner
					 ordering the campus closed under this division.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter EE - INFORMAL REVIEW, FORMAL REVIEW, AND REVIEW BY STATE OFFICE OF ADMINISTRATIVE HEARINGS › Division 4 - STATE OFFICE OF ADMINISTRATIVE HEARINGS ARBITRARY AND CAPRICIOUS OR CLEARLY ERRONEOUS REVIEW › Section 157.1181 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This division applies only to review of a commissioner of
						education decision to:
(1) revoke the
					 charter of an open-enrollment charter school under the Texas Education Code
					 (TEC), Chapter 12;
(2) reconstitute
					 the governing body of the charter holder of an open-enrollment charter school
					 under the TEC, Chapter 12;
(3) deny
					 a petition for a discretionary renewal of an open-enrollment charter school
					 under the TEC, Chapter 12; and
(4)
					 deny a petition for an expedited renewal of an open-enrollment charter school
					 under the TEC, Chapter 12.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter EE - INFORMAL REVIEW, FORMAL REVIEW, AND REVIEW BY STATE OFFICE OF ADMINISTRATIVE HEARINGS › Division 4 - STATE OFFICE OF ADMINISTRATIVE HEARINGS ARBITRARY AND CAPRICIOUS OR CLEARLY ERRONEOUS REVIEW › Section 157.1182 - Applicability of Other Law

Current through Reg. 49, No. 28; July 12, 2024
(a) A review
					 under this division shall be governed by the contested case procedures provided
					 by this division and is not subject to the Texas Government Code, Chapter 2001,
					 except as provided by the Texas Education Code, §
											39A.301.
(b) A review conducted by the State Office of
					 Administrative Hearings (SOAH) under this division is governed by Chapter 155
					 of Title 1 (relating to Rules of Procedure), except as modified
					 herein.
(c) To the extent that a
					 provision of this division conflicts with a rule or practice of the SOAH, this
					 division shall prevail.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter EE - INFORMAL REVIEW, FORMAL REVIEW, AND REVIEW BY STATE OFFICE OF ADMINISTRATIVE HEARINGS › Division 4 - STATE OFFICE OF ADMINISTRATIVE HEARINGS ARBITRARY AND CAPRICIOUS OR CLEARLY ERRONEOUS REVIEW › Section 157.1183 - Petition for Review

Current through Reg. 49, No. 28; July 12, 2024
(a) An
					 open-enrollment charter school subject to a decision defined by §
											157.1181
					 of this title (relating to Applicability) (petitioner) may file with the Texas
					 Education Agency (TEA) a petition for review of the decision or determination
					 under this division. The petition must be received by the TEA not later than
					 the 15th calendar day after the notice is sent to the petitioner.
(1) The petition for review shall include a
					 copy of the challenged decision and any attachments or exhibits to the
					 decision.
(2) The petition for
					 review shall concisely state, in numbered paragraphs:
(A) if alleging the decision was arbitrary or
					 capricious, each finding, inference, conclusion, or decision affected and the
					 specific facts supporting a conclusion that each was so affected;
(B) if alleging the decision was clearly
					 erroneous, each finding, inference, conclusion, or decision affected and the
					 specific facts supporting a conclusion that each was so affected; and
(C) for each violation, error, or defect
					 alleged under subparagraphs (A) and (B) of this paragraph, the substantial
					 rights of the school district or charter school that were prejudiced by such
					 violation, error, or defect.
(3) A petition for review shall further
					 contain:
(A) a concise statement of the relief
					 sought by the petitioner; and
(B)
					 the name, mailing address, telephone number, and facsimile number of the
					 petitioner's representative.
(4) A request for relief in a review under
					 this division may not be made orally or as part of the record at a prehearing
					 conference or hearing.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter EE - INFORMAL REVIEW, FORMAL REVIEW, AND REVIEW BY STATE OFFICE OF ADMINISTRATIVE HEARINGS › Division 4 - STATE OFFICE OF ADMINISTRATIVE HEARINGS ARBITRARY AND CAPRICIOUS OR CLEARLY ERRONEOUS REVIEW › Section 157.1184 - Standard of Review

Current through Reg. 49, No. 28; July 12, 2024
(a) In response to
					 a challenge to a commissioner of education decision under or subject to the
					 Texas Education Code, §§
											12.1141,
					 12.115,
					 or
					 12.116,
					 the administrative law judge shall conduct a hearing to consider evidence and
					 arguments regarding the decision. Based on the evidence and arguments
					 presented, the administrative law judge shall review the commissioner's
					 decision. The administrative law judge shall uphold a decision by the
					 commissioner unless the judge finds the decision is arbitrary and capricious or
					 clearly erroneous.
(b) A decision
					 of the administrative law judge is final and may not be appealed.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter EE - INFORMAL REVIEW, FORMAL REVIEW, AND REVIEW BY STATE OFFICE OF ADMINISTRATIVE HEARINGS › Division 4 - STATE OFFICE OF ADMINISTRATIVE HEARINGS ARBITRARY AND CAPRICIOUS OR CLEARLY ERRONEOUS REVIEW › Section 157.1185 - Enforcement of Decision Pending Review

Current through Reg. 49, No. 28; July 12, 2024
The pendency of a review under this division does not
						stay or otherwise affect the enforcement of the commissioner of education
						decision challenged under this division.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter EE - INFORMAL REVIEW, FORMAL REVIEW, AND REVIEW BY STATE OFFICE OF ADMINISTRATIVE HEARINGS › Division 4 - STATE OFFICE OF ADMINISTRATIVE HEARINGS ARBITRARY AND CAPRICIOUS OR CLEARLY ERRONEOUS REVIEW › Section 157.1186 - Expedited Review

Current through Reg. 49, No. 28; July 12, 2024
(a) The State
					 Office of Administrative Hearings (SOAH) shall expedite its review of a
					 challenge under this division in order to meet the requirements of this
					 section.
(b) The administrative law
					 judge shall issue a pre-hearing order as soon as practical after the petition
					 for review is transmitted to the SOAH, setting all necessary
					 deadlines.
(c) The administrative
					 law judge may grant a continuance of the date set in subsection (b) of this
					 section only for good cause shown.
(d) The administrative law judge may not
					 order a settlement conference, mediation, or other form of alternative dispute
					 resolution.
(e) The administrative
					 law judge shall issue a final order as soon as practical after the petition for
					 review is transmitted to the SOAH.
(f) In all cases where the matter is docketed
					 at SOAH on or before March 15, the administrative law judge shall issue a final
					 order not later than May 31 of the same year.
(g) In setting deadlines and issuing orders,
					 the SOAH shall consider the following:
(1)
					 the need for parents and students to evaluate, select, and enroll in another
					 school district or open-enrollment charter school;
(2) the need for educators and staff to find
					 other employment;
(3) the need for
					 the school district or open-enrollment charter school to engage in an orderly
					 termination of its operations; and
(4) the need for the Texas Education Agency
					 to facilitate and complete an orderly termination of the operations of a school
					 district or open-enrollment charter school.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter EE - INFORMAL REVIEW, FORMAL REVIEW, AND REVIEW BY STATE OFFICE OF ADMINISTRATIVE HEARINGS › Division 4 - STATE OFFICE OF ADMINISTRATIVE HEARINGS ARBITRARY AND CAPRICIOUS OR CLEARLY ERRONEOUS REVIEW › Section 157.1187 - Conduct of Review During a Ratings Appeal

Current through Reg. 49, No. 28; July 12, 2024
(a) The administrative law judge shall
					 proceed with an expedited review under this division during any ratings appeal
					 under Texas Education Code (TEC), §
											39.151,
					 and shall presume for purposes of such review that the rating will not change
					 by reason of the appeal, unless the commissioner of education:
(1) withdraws the rating; or
(2) requests that review of the final
					 decision be abated pending the outcome of the ratings appeal.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter EE - INFORMAL REVIEW, FORMAL REVIEW, AND REVIEW BY STATE OFFICE OF ADMINISTRATIVE HEARINGS › Division 4 - STATE OFFICE OF ADMINISTRATIVE HEARINGS ARBITRARY AND CAPRICIOUS OR CLEARLY ERRONEOUS REVIEW › Section 157.1188 - Final Decision

Current through Reg. 49, No. 28; July 12, 2024
The decision of the administrative law judge is final and
						may not be appealed.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter EE - INFORMAL REVIEW, FORMAL REVIEW, AND REVIEW BY STATE OFFICE OF ADMINISTRATIVE HEARINGS › Division 4 - STATE OFFICE OF ADMINISTRATIVE HEARINGS ARBITRARY AND CAPRICIOUS OR CLEARLY ERRONEOUS REVIEW › Section 157.1189 - Application to Charter Schools

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 charter of an open-enrollment charter school is automatically:
(1) revoked, void, and of no further force or
					 effect on the effective date of a final decision by the commissioner of
					 education ordering the charter school closed under this division; and
(2) modified to remove authorization for an
					 individual campus on the effective date of a final decision by the commissioner
					 ordering the campus closed under this division.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter EE - INFORMAL REVIEW, FORMAL REVIEW, AND REVIEW BY STATE OFFICE OF ADMINISTRATIVE HEARINGS › Division 5 - CONFLICTS › Section 157.1191 - Conflicts

Current through Reg. 49, No. 28; July 12, 2024
This subchapter prevails in the event of a conflict
						between this subchapter and any other rule adopted by the commissioner of
						education.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 161 - COMMISSIONER'S RULES CONCERNING ADVISORY COMMITTEES › Section 161.1001 - Establishment of Advisory Committees

Current through Reg. 49, No. 28; July 12, 2024
The commissioner of education has authority to establish
				  advisory committees and to appoint the membership of advisory committees. The
				  commissioner may establish an advisory committee based on state or federal law
				  or State Board of Education (SBOE) recommendation or as the commissioner deems
				  expedient.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 161 - COMMISSIONER'S RULES CONCERNING ADVISORY COMMITTEES › Section 161.1002 - Texas Education Agency Operating Procedures

Current through Reg. 49, No. 28; July 12, 2024
The commissioner of education shall adopt and implement Texas
				  Education Agency (TEA) operating procedures governing establishment and
				  operation of public education advisory committees. For each committee listed in
				  §
									161.1003 of
				  this title (relating to Advisory Committees), the commissioner shall include
				  the following information as an attachment to the operating procedures:
(1) name of the committee;
(2) purpose of the committee;
(3) statutory authority under which the
				committee is established;
(4)
				number of members; and
(5) staff
				contact at TEA.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 161 - COMMISSIONER'S RULES CONCERNING ADVISORY COMMITTEES › Section 161.1003 - Advisory Committees

Current through Reg. 49, No. 28; July 12, 2024
The following public education advisory committees are in
				  effect:
(1) Charter School Proposal
				Evaluation Committee;
(2)
				Educational Technology Advisory Committee;
(3) Environmental Education Advisory
				Committee;
(4) Commissioner's
				Advisory Council on the Education of Gifted Students;
(5) HIV Program Review Panel;
(6) Policy Committee on Public Education
				Information;
(7) State Parent
				Advisory Council for Migrant Education;
(8) Investment Advisory Committee on the
				Permanent School Fund;
(9)
				Continuing Advisory Committee for Special Education;
(10) State Textbook Committees; and
(11) Title I, Committee of
				Practitioners/Texas Ed-Flex Committee.