Tex.
Educ. Code Section 39.007
Judicial Appeal
(a)
Notwithstanding Chapter 2001 (Administrative Procedure), Government Code, a school district may only appeal a decision made by the commissioner under Section 39.006 (Commissioner Determination) in accordance with this section.(b)
A school district may appeal a decision made by the commissioner under Section 39.006 (Commissioner Determination) to:(1)
a district court with jurisdiction in the county in which the school district’s central administrative offices are located; or(2)
a district court in Travis County, if agreed to by the school district and the commissioner.(c)
A school district must file an appeal under this section not later than 30 days after the date on which the district received the written decision of the commissioner under Section 39.006 (Commissioner Determination)(b).(d)
The filing of an appeal under this section does not affect or stay the enforcement of the commissioner’s written decision issued under Section 39.006 (Commissioner Determination)(b).(e)
A court hearing an appeal under this section shall review the decision issued by the commissioner under Section 39.006 (Commissioner Determination)(b) under the substantial evidence rule as provided by Subchapter G (Judicial Review), Chapter 2001 (Administrative Procedure), Government Code, after examining:(1)
the evidentiary record of the hearing conducted under Section 39.005;(2)
the findings of fact issued by the hearing examiner or the person that conducted the hearing under Section 39.005; and(3)
any amendment or rejection of a finding of fact made by the commissioner under Section 39.006 (Commissioner Determination).(f)
A court hearing an appeal under this section may not take additional evidence.(g)
A court hearing an appeal under this section may review any amendment to or rejection of a finding of fact made by the commissioner. If the court determines that the amendment or rejection was not supported by substantial evidence, the court shall reject the commissioner’s amended finding of fact and consider instead the original finding issued by the hearing examiner or the person who conducted the hearing under Section 39.005 (Hearing Following Investigation).(h)
Notwithstanding Section 2001.174 (Review Under Substantial Evidence Rule or Undefined Scope of Review), Government Code, the court may not reverse or remand a decision issued by the commissioner under Section 39.006 (Commissioner Determination)(b) based on a procedural error or irregularity made by the commissioner, an agency investigator, or the hearing examiner or the person who conducted the hearing under Section 39.005 (Hearing Following Investigation), unless the court determines that the procedural error or irregularity is likely to have caused an erroneous decision by the commissioner.
Source:
Section 39.007 — Judicial Appeal, https://statutes.capitol.texas.gov/Docs/ED/htm/ED.39.htm#39.007 (accessed May 18, 2024).
