| (a) In response to a challenge to a commissioner of
education decision under the Texas Education Code (TEC), §39.152,
the administrative law judge shall conduct a hearing to consider evidence
and arguments regarding the decision. Based on the evidence and arguments
presented, the administrative law judge shall review the commissioner's
decision under the substantial evidence rule as provided by Government
Code, §2001.174 and §2001.175, and judicial case precedents
construing those provisions.
(b) The State Office of Administrative Hearings (SOAH)
may not substitute its judgment for the judgment of the commissioner
on questions committed to the commissioner's discretion. Questions
committed to the commissioner's discretion include, but are not limited
to, the following:
(1) any questions arising under a statute, rule, or
other legal standard that requires or permits the commissioner to
make a decision within general legal guidelines that do not mandate
a specific result under the circumstances; and
(2) the execution of any act authorized or required
to be taken by the commissioner.
(c) The SOAH may not substitute its judgment for the
judgment of the commissioner on the weight to be assigned the evidence
before the commissioner.
(d) The SOAH may affirm the commissioner decision in
whole or in part.
(e) The SOAH shall reverse and remand the decision
for further proceedings if substantial rights of the school district
or open-enrollment charter school have been prejudiced because the
administrative findings, inferences, conclusions, or decisions of
the commissioner are:
(1) in violation of a statutory provision;
(2) in excess of the commissioner's authority;
(3) made through unlawful procedure;
(4) affected by other error of law;
(5) not reasonably supported by substantial evidence
considering the reliable and probative evidence as a whole; or
(6) arbitrary or capricious or characterized by abuse
of discretion or clearly unwarranted exercise of discretion.
(f) An order of remand may not direct or control the
commissioner's exercise of discretion on a matter committed to the
commissioner's discretion by §157.1171(b) of this title (relating
to Final Decision) and TEC, Chapter 39.
(g) On remand, the commissioner shall apply the facts
and law as determined by the SOAH to reach a new decision in light
of all the circumstances of the case.
(h) The commissioner shall continue on remand to exercise
discretion over the accreditation decision as required by §157.1171(b)
of this title and TEC, Chapter 39.
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