SECTION 157.1123. Informal Review

(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.

Source Note: The provisions of this §157.1123 adopted to be effective September 18, 2014, 39 TexReg 7334; amended to be effective June 9, 2016, 41 TexReg 4010; amended to be effective April 6, 2022, 47 TexReg 1691