Hearings and Appeals, Frequently Asked Questions
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What is the deadline for a teacher to file an appeal of a notice of termination?
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What matters does the Commissioner of Education have jurisdiction over?
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Do I need to hire a lawyer to file an appeal with the Commissioner of Education?
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Once I file a petition for review, when can I expect a decision?
- What can I do if I wish to file a complaint against an Independent Hearing Examiner?
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What can I do if there is a hearing scheduled and I am not available on the scheduled day?
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What do I do if I want to file a complaint against a school district?
Questions & Answers
1. When can I appeal a decision of a local ISD grievance?
The deadline to file an appeal depends on the type of case you are appealing to the Commissioner.
7.057 Appeal - The petitioner shall file with the commissioner or the agency's division responsible for hearings and appeals a petition for review within 45 calendar days after the decision, order, or ruling complained of is first communicated to the petitioner. In all cases, when a decision is announced in the presence of the petitioner or the petitioner's representative of record at a hearing, the announced decision shall constitute communication to the petitioner. (Tex. Educ. Code § 157.1049(a)).
Ch. 21 Appeal - Not later than the 20th day after the date the board of trustees or board subcommittee announces its decision under Tex. Educ. Code § 21.259 or the board advises the teacher of its decision not to renew the teacher's contract under Section 21.208, the teacher may appeal the decision by filing a petition for review with the commissioner. (Tex. Educ. Code § 21.301(a)).
Hearings before Hearing Examiner - A teacher must file a written request for a hearing under this subchapter with the commissioner not later than the 15th day after the date the teacher receives written notice of the proposed action. The teacher must provide the district with a copy of the request and must provide the commissioner with a copy of the notice. (Tex. Educ. Code § 21.253(a)). The parties may agree in writing to extend by not more than 10 days the deadline for requesting a hearing. (Tex. Educ. Code § 21.253(b)).
2. What is the deadline for a teacher to file an appeal of a termination?
Ch. 21 Appeal - Not later than the 20th day after the date the board of trustees or board subcommittee announces its decision under Tex. Educ. Code § 21.259 or the board advises the teacher of its decision not to renew the teacher's contract under Section 21.208, the teacher may appeal the decision by filing a petition for review with the commissioner. (Tex. Educ. Code § 21.301(a)).
3. How long does an educator have to request the assignment of an Independent Hearing Examiner to appeal a notice of proposed termination, or suspension without pay?
Hearings before Hearing Examiner - A teacher must file a written request for a hearing under this subchapter with the commissioner not later than the 15th day after the date the teacher receives written notice of the proposed action. The teacher must provide the district with a copy of the request and must provide the commissioner with a copy of the notice. (Tex. Educ. Code § 21.253(a)). The parties may agree in writing to extend by not more than 10 days the deadline for requesting a hearing. (Tex. Educ. Code § 21.253(b)).
4. How do I file an appeal with the Commissioner of Education?
All appeals documents should be filed with the Division of Hearing and Appeals using the division's electronic filing system https://form.jotform.com/200514538968159, email to Christina.Eischens@tea.texas.gov, mail or hand delivery to 1701 N. Congress Ave., Austin, Texas 78701, or by facsimile to (512) 475-3662.
All documents filed with TEA’s Division of Hearings and Appeals must also be served on the opposing party or their representative.
5. What matters does the Commissioner of Education have jurisdiction over?
The Commissioner of Education has jurisdiction over violations of school law of this state. School laws of the state are Title 1 and Title 2 of the Texas Education Code.
6. Do I need to hire a lawyer to file an appeal with the Commissioner of Education?
No. However, there are advantages to representation by a lawyer. The appeal process is a legal proceeding that raises legal questions that may best be understood and addressed with the help of an attorney.
Any party may appear on his or her own behalf; if a minor, by his or her next friend, or by a representative of the party's choice. Corporations must be represented by a duly authorized attorney licensed to practice in the state of Texas. Party representatives are held to the same procedural and substantive standards as attorneys. (Tex. Admin. Code §157.1045)
7. Once I file a petition, when can I expect a decision?
7.057 Appeal. The Commissioner’s Decision will be issued no later than 240 calendar days from the date the Petition for Review was filed. (Tex. Educ. Code § 7.057(c))
Ch. 21 Appeal. The commissioner must issue a decision not later than the 30th day after the last day on which a response to the petition for review may be filed under Tex. Educ. Code § 21.301(b). If the commissioner fails to issue a decision within that time, the decision of the board is affirmed. (Tex. Educ. Code § 21.304(b))
Hearing before Hearing Examiner. The IHE shall complete the hearing and make a written recommendation no later than 60 calendar days after the date the request for hearing was received by TEA. However, parties may agree to extend the written recommendation deadline by not more than 45 calendar days. (Tex. Educ. Code § 21.257)
8. What is a Independent Hearing Examiner?
Hearing Examiners are attorneys licensed to practice law in the State of Texas that has been certified by the commissioner to hold hearings pursuant to the Tex. Educ. Code, Ch. 21, Subchapter F (Hearings Before Hearings Examiners). The Hearing Examiner’s role is to preside over assigned cases, review the record, complete the hearing, and make a written recommendation that includes proposed findings of fact and conclusions of law and may include a proposal for granting relief. (Tex. Educ. Code § 21.257). The hearing shall be conducted in the same manner as a trial without a jury in a district court of this state. The hearing examiner may issue subpoenas at the request of either party for the attendance of witnesses and the production of documents at the hearing and may administer oaths, rule on motions and the admissibility of evidence, maintain decorum by closing the hearing or taking other appropriate action, schedule and recess the proceedings, and make any other orders as provided by rules adopted by the commissioner. The Hearing Examiner has the same authority as a District Court Judge.
9. What is an Administrative Law Judge?
A member or employee of the agency or other individual assigned to issue a proposal for decision, to render a decision, or to make findings of fact or conclusions of law.
The administrative law judge is designated and appointed by the commissioner to act on his behalf in conducting any hearings and prepare draft decisions or proposals for decisions on those hearings. The administrative law judge has the authority to administer oaths; call and examine witnesses; issue subpoenas; make rulings on motions, the admissibility of evidence, and amendments to pleadings; maintain decorum; schedule and recess the hearing from day to day; establish reasonable timelines; and make any other orders as justice requires. (Tex. Admin Code §157.1043)
10. Who is the Petitioner?
The petitioner is the party who initiates the hearing before the commissioner by filing a petition for review.
11. Who is the Respondent?
The respondent is any party against whom a petition for review has been filed with the commissioner.
12. What is a certificate of service?
A certificate of service is a written statement, included in all pleadings, proving that a copy of a document was served on its intended recipient. See sample forms for example.
13. What options are available to parties that disagree with the Hearing Examiners recommendation or the Board decision?
Educators can file an appeal of the Hearing Examiner’s recommendation or the board’s decision by filing an appeal to the commissioner of education pursuant to Tex. Educ. Code Ch. 21, Subchapter G, § 21.301.
14. What options are available to parties that disagree with the decision issued by the Commissioner of Education?
7.057 Appeal - In the absence of a finding of imminent peril, a motion for rehearing is a prerequisite to a judicial appeal. A motion for rehearing must be filed by a party representative within 25 days after the date the party representative is notified of the final decision or order. (Tex. Admin. Code § 157.1061)
Either party may appeal the commissioner’s decision to the district court in Travis County. An appeal must be made by serving the commissioner with citation issued and served in the manner provided by law for civil suits. (Tex. Educ. Code § 7.057).
Ch. 21 Appeal - Parties may file a motion for rehearing not later than the 20th day after the date the party or the party's representative receives notice of the commissioner's decision under Section 21.304. A request for rehearing is not required for a party to appeal the commissioner's decision under Section 21.307. (Tex. Educ. Code § 21.3041)
Either party may appeal the commissioner's decision to a district court in the county in which the district's central administrative offices are located; or if agreed by all parties, a district court in Travis County. (Tex. Educ. Code § 21.307)
15. Can I bring a lawsuit in court if I have a grievance against a school district, or must I first appeal to the Commissioner?
A person is not required to appeal to the commissioner before pursuing a remedy under a law outside of Title 1 or Title 2 to which Title 1 or Title 2 makes reference or with which Title 1 or Title 2 requires compliance. (Tex. Educ. Code § 7.057(a-1))
16. Can I telephone or write to the Department to learn about the status of my appeal or when a decision will be issued?
Yes, parties can contact Christina Eischens, Paralegal, Division of Hearings and Appeals. Christina.Eischens@tea.texas.gov or (512) 463-0489.
17. Can parties use an agreed hearing examiner?
Yes. If the parties agree on a hearing examiner, the parties shall, before the date the commissioner is permitted to assign a hearing examiner, notify the commissioner in writing of the agreement, including the name of the hearing examiner selected. The notice must include the name and contact information of the hearing examiner the parties agreed to use. (Tex. Educ. Code § 21.254(e))
18. What do I do if I no longer wish to pursue my appeal?
Parties that wish to no longer pursue an appeal can file a Notice of Nonsuit. The petitioner may nonsuit an appeal at any time.
19. What can I do if I wish to file a complaint against an Independent Hearing Examiner?
A person who has participated in a hearing under Tex. Educ. Code Ch. 21, Subchapter F may file a written complaint about an Independent Hearing Examiner. 19 TEX. EDU. CODE § 157.41(k)(2). The complaint may be about timeliness, accuracy, and appropriateness of procedural and evidentiary rulings, decorum and control, or other issues.
If you would like to file a complaint against an Independent Hearing Examiner, you may download and complete the complaint form and submit it to our office by email to Christina.Eischens@tea.texas.gov, mail or hand delivery to 1701 N. Congress Ave., Austin, Texas 78701, or by fax to (512) 475-3662.
20. What do I do if there is a hearing scheduled and I am not available?
Parties may file written requests to reschedule a hearing. A motion for continuance of any hearing shall specifically articulate grounds constituting good cause or shall be by agreement and shall be filed in writing. (Tex. Admin. Code § 157.1055(a))
All motions requiring a ruling must be in writing and must contain a certificate of conference asserting that the movant has conferred with the opposing party representative and has or has not obtained agreement with the motion. If no conference was conducted, the movant shall state the reasons, amounting to good cause, why the conference was not held. All motions requiring a certificate of conference will be denied without the requirement of a response if the moving party fails to confer with the opposing party as required. Any motion for which a conference was not held, when the movant has alleged good cause for not holding a conference, must be responded to within seven days, unless the administrative law judge specifies a shorter time to respond. (Tex. Admin. Code § 157.1055(b))
21. What is discussed during a prehearing conference?
The ALJ will set a prehearing telephonic conference for the purposes of considering the formation or simplification of issues; admission of certain assertations of fact or stipulations; the procedure at the hearing on the merits, if the hearing is de novo; and/or such other matters as may aid in the simplification of the hearing or the disposition of matters in controversy, including the settlement of matters in dispute. (Tex. Admin Code § 157.1053(a))
22. I am an educator at a charter school, can I file an appeal with the Commissioner of Education for the termination of my contract?
No, charter school employees cannot appeal a contract termination to the Commissioner of Education.
23. What do I do if I want to file a complaint against a school district?
The Texas Education Agency has jurisdiction to investigate violations of school law concerning Texas public school entities (such as school districts and charter schools), certified educator certificate holders, and educator preparation programs. For more information, please see the Complaints and Investigations page.
24. I am an educator, and my certification has been suspended. Can I file an appeal with the Commissioner of Education?
Educators whose certification has been suspended, revoked, or canceled should contact Educator Certification Division at (512) 936-8400 or submit a HelpDesk Ticket. For more information on disciplinary information and proceedings please refer to the Educator Certification, Investigations webpage, and Tex. Admin. Code Title 19, Part 7, Chapter 249, Subchapter B, Rule §249.15.
25. Who can I contact regarding a civil rights violation?
Civil rights complaints allege that a public school discriminates against students on the basis of race, color, national origin, sex, or disability in admission or access to, or treatment in the district’s programs or activities. These complaints are under the jurisdiction and authority of the U.S. Department of Education's Office for Civil Rights (OCR). Visit the OCR website for details about when and how to file a complaint. OCR and TEA enforce several federal civil rights laws that prohibit discrimination in programs or activities that receive federal funds. In addition, TEA reviews school discrimination complaints and informs individuals of the appropriate complaint resolution options. See TEA Complaints and Investigations page.
For questions, please contact Christina Eischens, Office of the General Counsel, Division of Hearings and Appeals at Christina.Eischens@tea.texas.gov or (512) 463-0489.