| (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.
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