Sec. 39.152. REVIEW BY STATE OFFICE OF ADMINISTRATIVE HEARINGS: SANCTIONS. (a) A school district or open-enrollment charter school that intends to challenge a decision by the commissioner under this chapter to close the district or a district campus or the charter school or to pursue alternative management of a district campus or the charter school must appeal the decision under this section.
(b) A challenge to a decision under this section is under the substantial evidence rule as provided by Subchapter G, Chapter 2001, Government Code. The commissioner shall adopt procedural rules for a challenge under this section.
(c) Notwithstanding other law:
(1) the State Office of Administrative Hearings shall conduct an expedited review of a challenge under this section;
(2) the administrative law judge shall issue a final order not later than the 30th day after the date on which the hearing is finally closed;
(3) the decision of the administrative law judge is final and may not be appealed; and
(4) the decision of the administrative law judge may set an effective date for an action under this section.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 59, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 43, eff. September 1, 2013.
Last modified: September 28, 2016