| (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.
|
