|(a) An official complaint alleging a violation of the
Texas Education Code (TEC), §31.151, or a rule implementing that
section, for an instructional material adopted by the State Board
of Education (SBOE) shall be filed with the commissioner of education.
An official complaint shall be made on a form prescribed by the commissioner
(b) The complaint form shall require:
(1) a citation to the specific provision under the
TEC, §31.151, or rule for which a violation is alleged;
(2) identification of the publisher or manufacturer
responsible for the alleged violation;
(3) facts showing that a likely violation has occurred
such as identification of the particular instructional material and
page number where each alleged error occurs; and
(4) signature and contact information of the person
complaining of the alleged violation.
(c) If a complainant fails to submit a properly completed
complaint form after being given an opportunity to make corrections,
the allegations will not be reviewed by the commissioner of education
and will not be submitted to the SBOE.
(d) An allegation of a factual error in instructional
materials currently under consideration by the SBOE for adoption may
not be submitted as an official complaint but must be submitted to
the SBOE in accordance with relevant provisions in this chapter.
(e) After investigating an official complaint or an
allegation brought forward by the Texas Education Agency (TEA) staff,
the commissioner of education shall recommend to the SBOE in writing
whether to hold a hearing concerning an administrative penalty under
the TEC, §31.151.
(f) The commissioner of education shall provide the
recommendation to the complainant, if any; the publisher or manufacturer
accused of the alleged violation; and members of the SBOE.
(g) If the SBOE receives a recommendation under subsection
(f) of this section, the SBOE chair may include the item for consideration
on a future SBOE agenda. If the item is placed on the agenda, TEA
staff will present the recommendation.
(h) Upon a vote by the SBOE that a hearing shall be
held to determine whether a penalty should be assessed, a hearing
will be heard before the State Office of Administrative Hearing in
accordance with Chapter 157 of this title (relating to Hearings and
Appeals). The SBOE shall request either the commissioner of education
or the Attorney General to present the case before the State Office
of Administrative Hearings.
(i) If the parties before the State Office of Administrative
Hearings come to an agreement for settling the case, the issue of
whether the agreement should be accepted will be placed on a future