Texas Education Code § 7.057 Grievance Appeals
Pursuant to Tex. Educ. Code § 7.057(a) a person may appeal in writing to the commissioner if the person is aggrieved by the school laws of this state; or actions or decisions of any school district board of trustees that violate the school laws of this state; or a provision of a written employment contract if a violation causes or would cause monetary harm to the employee. This section does not apply to Subchapter G, Chapter 21, or a student disciplinary action under Chapter 37.
Parents, students, or educators who have completed their local ISD grievance process and received the school board’s final decision may file an appeal of the board’s final decision to the Commissioner of Education. Each ISD has its own grievance process. Parties should refer to their local ISD policy for information on the localgrievance process.
Classification of Parties(Tex. Admin. Code § 157.1044)
- Petitioner--the party who initiates the hearing before the commissioner by filing a petition for review.
- Respondent--any party against whom a petition for review has been filed with the commissioner.
Petition for Review(Tex. Admin. Code § 157.1049)
Any party that wishes to appeal with the Commissioner shall prepare and file a Petition for Review within 45 calendar days after the decision, order, or ruling complained of is first communicated to the filing party. In all cases, when a decision is announced in the presence of the petitioner or the petitioner's representative of record at a hearing, the announced decision shall constitute communication to the petitioner. (Tex. Admin. Code § 157.1049).
The only document required to file an appeal is the Petition for Review.Decisions issued under Tex. Educ. Code 7.057 are based on a review of the record developed at the district level under a substantial evidence standard of review. (Tex. Admin. Code§ 157.1073(h). The record is filed by the Respondent when they file their answer. (See Local Record section below.)
A Petition for Review shall contain the following in numbered paragraphs (Tex. Admin. Code §§ 157.1051 and 157.1073(c))
- A description of the challenged ruling, action, or failure to act complained of;
- The date of the challenged ruling, action, or failure to act;
- A precise description of the action the petitioner wants the commissioner to take on the petitioner's behalf;
- A statement of jurisdiction and the legal basis for the claim;
- The name, mailing address, telephone number of the petitioner's party representative during business hours, email, and facsimile number, if any; and
- The name, mailing address, and business telephone of the respondent or the respondent's representative, email, and facsimile number, if any.
Filing of Documents with the Commissioner of Education(Tex. Admin. Code § 157.1049)
The Petition for Review must be filed with TEA’s Division of Hearings & Appeals, by , mail, or hand delivery to 1701 N. Congress Ave., Austin, Texas 78701 or by facsimile to (512) 475-3662.Electronic filing is recommended.
Service of Documents on Other Parties (Tex. Admin. Code § 157.1050)
Every pleading, plea, motion, or correspondence filed with TEA’s Hearings and Appeals Division shall be served on all parties or the party’s representatives by the same method as the document was filed with the agency, except that electronic service and service by facsimile may be substituted for personal service. All documents must contain a certificate of service.
TEA Acknowledgment Letter
Upon receipt of the Petition for Review, the Hearings and Appeals Division will issue an acknowledgment letter providing parties with notice that the case has been docketed.
Answers (Tex. Admin. Code §§157.1052 and 157.1072)
Respondent must file an answer along with the local record within 30 calendar days after receiving notice from the hearings and appeals division that the case has been docketed. (Tex. Admin. Code § 157.1052, § 157.1073(d), (e), and (f)).
- Specifically admit or deny each allegation in the petition for review, or shall assert that respondent is without sufficient knowledge and information to admit or deny the allegation and shall set forth all affirmative defenses.
- Contain the name of the respondent or the respondent's party representative, the mailing address, telephone number during business hours, and facsimile number, if any.
Local Record((Tex. Admin. Code §157.1073(d))
It is the responsibility of the school district to make and preserve the records of the proceedings before the board of trustees. If the school district fails to create and preserve the record without good cause, all substantial evidence issues that require missing portions of the record for resolution shall be deemed against the school district. The record shall include:(1) a tape recording or a transcript of the hearing at the local level. If a tape recording is used:(A) the tape recording must be complete, audible, and clear; and(B) each speaker must be clearly identified;(2) all evidence admitted;(3) all offers of proof;(4) all written pleadings, motions, and intermediate rulings;(5) a description of all matters officially noticed;(6) if applicable, the decision of the hearing examiner;(7) a tape recording or transcript of the oral argument before the board of trustees; and(8) the decision of the board of trustees.
Objection to the record. In all hearings filed against a school district, the school district must file the local record with its answer. The school district shall notify the petitioner in writing when the local record is prepared and make the record available to the petitioner for inspection. A copy of the local record shall be provided to the petitioner for a reasonable charge upon request. In all hearings filed against a school district, the record before the commissioner shall be considered complete and accurate and shall be admitted into evidence for all purposes, unless within 30 days of the date of filing the record, the petitioner files objections to the record that specifically set forth the items that are relevant and material and have been erroneously omitted for the record or portions of the record that are relevant and material but have been inaccurately transcribed. The administrative law judge shall conduct a hearing to receive evidence relevant to the challenge to the record if it appears that the matter in dispute is material to the outcome of the hearing. (Tex. Admin. Code 157.1073(e)
Prehearing Conference (Texas Admin. Code §157.1053)
Upon TEA’s receipt of the answer and local record, the case will be assigned to a TEA Administrative Law Judge (“ALJ”). The administrative law judge or a party may move for the setting of a prehearing conference. At the administrative law judge's discretion, the parties shall be directed to appear, either in person or by telephone, at a specific time for a conference.
Parties may file a written request to reschedule the telephonic conference.A written request to reschedule a telephonic conference must contain a statement that all parties have been consulted or the reason why all parties were not consulted and list any objection and shall set forth three alternate dates and times for rescheduling the conference. (See Tex. Admin Code§ 157.1055)
Proposal for Decision(Tex. Educ. Code § 7.057(b))
A Proposal for Decision (“PFD”) will be issued no later than 180 calendar days from the date the Petition for Review was filed.
Filing of Exceptions and Replies to Proposal for Decision(Tex. Admin. Code § 157.1059)
Either party may file exceptions to a proposal for decision no later than 30 calendar days from the date the proposal for decision was issued. Parties may also file replies to the exceptions no later than 50 calendar days from the date of the proposal for decision. All disagreements with the factual findings and legal conclusions of the proposal for decision must be made in the parties' exceptions to the proposal for decision or be waived. The exceptions shall be specifically and concisely stated. The evidence relied upon shall be stated with particularity, and any evidence or arguments relied upon shall be grouped under the exceptions to which they relate.
Decision of the Commissioner (Tex. Educ. Code § 7.057(c))
After the time for filing exceptions and replies to exceptions expires, the administrative law judge's proposal for decision will be considered by the commissioner and either adopted or modified. (Tex. Admin. Code § 157.1060). The commissioner’s decision will be issued no later than 240 calendar days from the date the petition for review was filed. The parties to the appeal may agree in writing to extend the decision deadline, by not more than 60 calendar days.
Motions for Rehearing (Tex. Admin. Code(Tex. Admin. Code § 157.1061)
A motion for rehearing is a prerequisite to a judicial appeal. A motion for rehearing must be filed by a party representative within 25 calendar days after the date the decision or order that is the subject of the motion is signed. Replies to a motion for rehearing must be filed with the agency within 40 calendar days after the date the decision or order that is the subject of the motion is signed. Agency action on the motion for rehearing must be taken within 55 calendar days after the date the decision or order that is the subject of the motion is signed. If agency action is not taken within the 55-day period, the motion for rehearing is overruled by operation of law 55 days after the date the decision or order that is the subject of the motion is signed.(Tex. Gov't. Code § 2001.146 & Tex. Admin Code § 157.1061).
Appeal to a District Court in Travis County(Tex. Educ. Code § 7.057(d))
A person aggrieved by an action of the agency or decision of the commissioner may appeal to a district court in Travis County. An appeal must be made by serving the Commissioner with citation issued and served in the manner provided by law for civil suits.