SECTION 157.1134. Commissioner Determination

(a) After a hearing is conducted under Texas Education Code (TEC), §39.005, the commissioner of education shall provide an opportunity for the Texas Education Agency (TEA) and the school district or open-enrollment charter school to present oral argument to the commissioner regarding the disagreement that formed the basis of the hearing. The commissioner shall provide TEA and the school district or open-enrollment charter school with equal time for oral argument.

(b) After hearing any oral argument presented under subsection (a) of this section, the commissioner shall issue a written decision to the school district or open-enrollment charter school that contains:

(1) findings of fact;

(2) conclusions of law; and

(3) sanctions, interventions, or other actions authorized by law.

(c) In determining the written decision under subsection (b) of this section, the commissioner shall consider:

(1) the record of the hearing conducted under TEC, §39.005;

(2) the findings of fact and conclusions of law issued by the hearing examiner or the person conducting the hearing under TEC, §39.005(h); and

(3) the oral arguments presented under subsection (a) of this section.

(d) The commissioner may accept, reject, or amend the conclusions of law issued by the hearing examiner or the person who conducted the hearing under TEC, §39.005, regarding the interpretation of a provision of the TEC.

(e) The commissioner may not reject or amend a finding of fact issued by the hearing examiner or the person who conducted the hearing under TEC, §39.005, unless the commissioner, after reviewing the record, determines that a finding of fact is not supported by substantial, admissible evidence.

(f) The commissioner shall provide in writing the legal basis and reason for any amendment or rejection of a finding of fact or conclusion of law made by the hearing examiner or the person who conducted the hearing under TEC, §39.005.

Source Note: The provisions of this §157.1134 adopted to be effective April 6, 2022, 47 TexReg 1691