SECTION 157.1135. Judicial Review

(a) Notwithstanding Texas Government Code, Chapter 2001, a school district or open-enrollment charter school may only appeal a decision made by the commissioner of education under Texas Education Code (TEC), §39.006, and this section in accordance with TEC, §39.007, and this section.

(b) A school district or open-enrollment charter school may appeal a decision made by the commissioner under TEC, §39.006, and this section to:

(1) a district court with jurisdiction in the county in which the school district's or open-enrollment charter school's central administrative offices are located; or

(2) a district court in Travis County, if agreed to by the school district or open-enrollment charter school and the commissioner.

(c) A school district or open-enrollment charter school must file an appeal under this section not later than 30 calendar days after the date on which the district or charter school received the commissioner's written decision under TEC, §39.006(b), and §157.1134(b) of this title (relating to Commissioner Determination).

(d) The filing of an appeal under this section does not affect or stay the enforcement of the commissioner's written decision issued under TEC, §39.006(b), and §157.1134 of this title.

(e) A court hearing an appeal under this section shall review the decision issued by the commissioner under TEC, §39.006(b), and §157.1134(b) of this title under the substantial evidence rule as provided by Texas Government Code, Chapter 2001, Subchapter G, after examining:

(1) the evidentiary record of the hearing conducted under TEC, §39.005, and §157.1133 of this title (relating to Hearing Procedures);

(2) the findings of fact issued by the hearing examiner or the person who conducted the hearing under TEC, §39.005, and §157.1133 of this title; and

(3) any amendment or rejection of a finding of fact made by the commissioner under TEC, §39.006, and §157.1134 of this title.

(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 TEC, §39.005, and §157.1133 of this title.

(h) Notwithstanding Texas Government Code, §2001.174, the court may not reverse or remand a decision issued by the commissioner under TEC, §39.006(b), and §157.1134(b) of this title 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 TEC, §39.005, and §157.1133 of this title, unless the court determines that the procedural error or irregularity is likely to have caused an erroneous decision by the commissioner.

Source Note: The provisions of this §157.1135 adopted to be effective April 6, 2022, 47 TexReg 1691