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 157.1123 - Informal Review

Current through Reg. 49, No. 28; July 12, 2024
(a) A school
					 district, an open-enrollment charter school, or any person who is subject to an
					 investigation, assignment, determination, or decision identified in §
											157.1121
					 of this title (relating to Applicability) may request, in writing, an informal
					 review under this section.
(b) A
					 written request for informal review must be addressed to the designated Texas
					 Education Agency (TEA) representative. The written request must be received by
					 the TEA representative on or before the deadline identified in the notice
					 issued under §
											157.1122 of
					 this title (relating to Notice of Informal Review).
(c) A school district, an open-enrollment
					 charter school, or any person requesting the informal review may submit written
					 information to the TEA representative by the deadline set forth in the notice
					 issued under §
											157.1122 of
					 this title. In addition, the TEA representative may require attendance at a
					 meeting at the TEA headquarters in Austin, Texas, or by telephone or virtual
					 meeting platform, to discuss the findings and/or provide additional information
					 for review. For an informal review of a decision to non-renew the charter of an
					 open-enrollment charter school pursuant to the Texas Education Code (TEC),
					 §12.1141(c), or a decision to revoke the charter of an open-enrollment
					 charter school or reconstitute the governing board of the charter holder under
					 the TEC, §
											12.115(a),
					 the TEA representative shall, at the request of the open-enrollment charter
					 school, meet with representatives from the open-enrollment charter school at
					 the TEA headquarters in Austin, Texas, or by telephone or virtual meeting
					 platform. This meeting is part of the informal review but is not a contested
					 case hearing. The meeting will not include the examination of any witnesses,
					 including TEA staff. The rules of civil procedure and evidence, including rules
					 prohibiting ex parte communications, do not apply.
(d) If no informal review is requested by the
					 deadline, an assignment, a determination, or a decision may be issued without
					 informal review.
(e) An informal
					 review is not governed by the TEC, §
											7.057, or by the Texas
					 Government Code, Chapter 2001.
(f)
					 Following the informal review by the TEA representative, an assignment, a
					 determination, or a decision will be issued. The assignment, determination, or
					 decision may include changes or additions to the preliminary report or action,
					 and such modifications are not subject to another informal review procedure. An
					 assignment, a determination, or a decision issued following an informal review
					 is final and may not be appealed, except as provided by law or rule. For an
					 informal review of a decision to non-renew the charter of an open-enrollment
					 charter school pursuant to the TEC, §
											12.1141(c),
					 or a decision to revoke the charter of an open-enrollment charter school or
					 reconstitute the governing board of the charter holder under the TEC, §
											12.115(a),
					 the final decision shall include a written response to any information the
					 charter holder submits under this section.