SECTION 153.1115. Appeal of the TEA Determination

(a) Petition.

(1) A person may appeal the Texas Education Agency (TEA) determination of ineligibility for employment under the provisions specified in this paragraph by filing a petition with the TEA within 30 days of the date of mailing that determination. The appeal may be based on:

(A) Texas Education Code (TEC), §12.1162(b);

(B) TEC, §22.0832;

(C) TEC, §22.0833;

(D) TEC, §22.0836;

(E) §153.1109 of this title (relating to Noncertified Employees);

(F) §153.1111 of this title (relating to Substitute Teachers); and

(G) §153.1113 of this title (relating to Charter School Educators).

(2) The petition shall state the factual and legal basis for the appeal of the TEA determination. The petition shall comply with the State Office of Administrative Hearings (SOAH) procedural rule in Title 1, Part 7, Chapter 155, §155.29 (relating to Pleadings) and the requirements of a petition appealing a State Board for Educator Certification (SBEC) administrative denial of an application for educator certification under §249.12 of this title (relating to Administrative Denial; Appeal) and §249.26 of this title (relating to Petition).

(b) Contested case.

(1) Upon the receipt of a timely petition of appeal of a determination of ineligibility for employment, the TEA shall refer the appeal to the SOAH, where it will be considered a contested case subject to the same procedural rules, including the allocation of the burden of proof, that would apply to the appeal of an SBEC administrative denial of an application for educator certification.

(2) The commissioner of education or the commissioner's designee shall:

(A) review the administrative law judge's proposal for decision in such a contested case;

(B) enter a final administrative decision and order; and

(C) consider a motion for rehearing, if any.

Source Note: The provisions of this §153.1115 adopted to be effective December 30, 2007, 32 TexReg 9626