Appeals to the Commissioner of Education — Hearings and Appeals Division

The Division of Hearing and Appeals hears appeals regarding:

  1. Parties aggrieved by the school laws of this state; or actions or decisions of any school board of trusteesthat violates the school laws of this state under Texas Education Code Section 7.057;
  2. Educators who have been terminated orreceived a notice of proposed contract termination, non-renewal, and/or suspension without pay under Texas Education Code SectionCh. 21;
  3. School district's requests for an extension of time to begin operation of a video camera under Texas Education Code Section 29.022;
  4. Denial of video surveillance of special education settings appeals under Texas Education Code Section 29.022;
  5. Detachment and Annexation appeals under Texas Education Code Section 13.051; and
  6. School District or charter school's decision to deny a request to enroll a student in an electronic course offered through the state virtual school network under Texas Education Code Section 26.0031.

THE HEARINGS AND APPEALS DIVISION DOES NOT HEAR APPEALS RELATED TO EDUCATOR CERTIFICATION MATTERS. (All matters related to educator certification should contact 鶹ý's Educator Certification Divisionor the State Board of Educator Certification, Enforcement Division.)

On this page, you will find general instructions by the type of appeal, sample forms, references to citations related to appeals, and a series of frequently asked questions about filing an appeal with the Commissioner of Education. Please note the instructions and sample forms are only intended to serve as a guide and parties are not required to use the sample forms. Parties are encouraged to consult an attorney before initiating an appeal to the Commissioner of Education. All filings submitted for any of the aboveabove-referencedals should be submitted to the Division of Hearing and Appeals.

  • If you filed a parent/student, or educator grievance with the school board and a final school board decision has been made, you may file an appeal to the Commissioner of Education if thedecision violates the school laws of this state or a provision of a written employment contract. Please refer to theinstructions for Filing a 7.057 Grievance Appealwebpage for more information.

  • Educators who received a school board's decision not to renew theeducator's term contract; to terminate a continuing or term contract; to terminate a probationary contract before theend of thecontract's term; or decision to suspend without pay a probationary, term or continuing contract may file an appeal in writing to the Commissioner of Education. Please refer to theinstructions for Filing a Ch. 21 Appealwebpage for more information.

  • Educators who received notice of the proposed decision to:(1)terminate the teacher's continuing contract at any time;(2)terminate the teacher's probationary or term contract before the end of the contract period; and (3)suspend the teacher without pay; may request the assignment of an Independent Hearing Examiner. In some circumstances, a school district can decide to hear the nonrenewal of a term contract by a method other than using an Independent Hearing Examiner. Please refer to theinstructions for filing a request for a hearing before an Independent Hearing Examinerwebpage for more information.

  • Authorized parties whos request for placement of video and audio surveillance was denied may file an appeal to the Commissioner of Education after local remedies are exhausted. Please refer to the denial of surveillance of special education setting webpage for more information.

  • Territory may be detached from a school district and annexed to another school district that is contiguous to the detached territory. If both affected districts disapprove the petition, the decisions may not be appealed. Please refer to theDetachment and Annexation webpage for more information.

  • A parentor student may appeal to the Commissioner of Education a school district's decision to deny a request to enroll a student in an electric course offered through the state virtual school network. Please refer to the appeal of requests for virtual school network coursewebpage for more information.

You are welcome to use thesesample forms for filing an appeal, but they are not required.

We provided weblinks to relevantEducation Law & Regulations of the Commissioner of Education Relating to Appeals Before the Commissioner.

Please review ourFrequently Asked Questions.

The Division of Hearings and Appeals accepts electronically filed documents. All filings may be submitted through the electronic filing portal at the link below.

Electronic Filing System

The Division of Hearings and Appeals maintains a database of previously issued Commissioner's Decisions and Independent Hearing Examiner Recommendations.

NOTICE

The Division of Hearings and Appeals does not hear appeals related to educator certifications. All matters related to educator certification should contact 鶹ý's Educator Certification Divisionor the State Board of Educator Certification, Enforcement Division.

Submitting a complaint to 鶹ý Complaints Management after you have exhausted the local grievance process (Levels One-Three) does not meet the requirements of an Appeal to the Commissioner of Education under Texas Education Code § 7.057. To appeal a grievance decision please refer to the instructions for filing a 7.057 Appeal.

All matters related to a complaint should be directed to 鶹ý's Complaint Management Division at (512) 463-3544 or email ComplaintsManagement@tea.texas.gov.

Contact Information

For questions, please contact the Office of the General Counsel's Division of Hearings and Appealsat Christina.Eischens@tea.texas.gov or (512) 463-0489.