Texas Education Code - Section 7.057. Appeals

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§ 7.057. APPEALS.  (a) Except as provided by Subsection 
(e), a person may appeal in writing to the commissioner if the 
person is aggrieved by:
		(1)  the school laws of this state;  or                                       
		(2)  actions or decisions of any school district board 
of trustees that violate:
			(A)  the school laws of this state;  or                                      
			(B)  a provision of a written employment contract 
between the school district and a school district employee, if a 
violation causes or would cause monetary harm to the employee.
	(b)  Except as provided by Subsection (c), the commissioner, 
after due notice to the parties interested, shall hold a hearing and 
issue a decision without cost to the parties involved.  In 
conducting a hearing under this subsection, the commissioner has 
the same authority relating to discovery and conduct of a hearing as 
a hearing examiner has under Subchapter F, Chapter 21.  This section 
does not deprive any party of any legal remedy.
	(c)  In an appeal against a school district, the commissioner 
shall issue a decision based on a review of the record developed at 
the district level under a substantial evidence standard of review.  
A school district's disclosure of the record to the commissioner 
under this subsection is not an offense under Section 551.146, 
Government Code.
	(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.  The petition must state the action or decision from 
which the appeal is taken.  At trial, the court shall determine all 
issues of law and fact, except as provided by Section 33.081(g).
	(e)  This section does not apply to:                                           
		(1)  a case to which Subchapter G, Chapter 21, applies;  
or                 
		(2)  a student disciplinary action under Chapter 37.                          
	(f)  In this section:                                                          
		(1)  "Record" includes, at a minimum, an audible 
electronic recording or written transcript of all oral testimony or 
argument.
		(2)  "School laws of this state" means Title 1 and this 
title and rules adopted under those titles.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.  
Amended by Acts 2001, 77th Leg., ch. 895, § 1, eff. June 14, 
2001.

Last modified: August 10, 2007