| (a) A school district or an open-enrollment charter
school subject to a decision defined by §157.1151 of this title
(relating to Applicability) (petitioner) may file with the Texas Education
Agency (TEA) a petition for review of the decision or determination
under this division. The petition must be received by the TEA not
later than the 15th calendar day after the notice is sent to the petitioner.
(1) The petition for review shall include a copy of
the challenged decision and any attachments or exhibits to the decision.
(2) The petition for review shall concisely state,
in numbered paragraphs:
(A) if alleging the decision was made in violation
of a statutory provision, the statutory provision violated and the
specific facts supporting a conclusion that the statute was violated
by the decision;
(B) if alleging the decision was made in excess of
the TEA's statutory authority, the TEA's statutory authority and the
specific facts supporting a conclusion that the decision was made
in excess of this authority;
(C) if alleging the decision was made through unlawful
procedure, the lawful procedure and the specific facts supporting
a conclusion that the decision was made through unlawful procedure;
(D) if alleging the decision was affected by other
error of law, the law violated and the specific facts supporting a
conclusion that the decision violated that law;
(E) if alleging the decision was not reasonably supported
by substantial evidence considering the reliable and probative evidence,
each finding, inference, conclusion, or decision that was unsupported
by substantial evidence;
(F) if alleging the decision was arbitrary or capricious
or characterized by abuse of discretion or clearly unwarranted exercise
of discretion, each finding, inference, conclusion, or decision affected
and the specific facts supporting a conclusion that each was so affected;
and
(G) for each violation, error, or defect alleged under
subparagraphs (A)-(F) of this paragraph, the substantial rights of
the school district or charter school that were prejudiced by such
violation, error, or defect.
(3) A petition for review shall further contain:
(A) a concise statement of the relief sought by the
petitioner; and
(B) the name, mailing address, telephone number, and
facsimile number of the petitioner's representative.
(4) A request for relief in a review under this division
may not be made orally or as part of the record at a prehearing conference
or hearing.
(b) Failure to comply with the requirements of subsection
(a) of this section shall result in dismissal of the petition for
review and final action without further review and without referral
to the State Office of Administrative Hearings (SOAH).
(c) The TEA shall transmit the petition for review
to the SOAH with a request that it be docketed.
(d) The TEA shall file a notice of hearing, present
evidence and arguments, and otherwise fully participate as a party
in the contested case proceeding.
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| Source Note: The provisions of this §157.1155 adopted to be effective January 6, 2008, 33 TexReg 172; amended to be effective December 22, 2010, 35 TexReg 11238; amended to be effective September 18, 2014, 39 TexReg 7334 |
