Texas Administrative Code
Title 19 - EDUCATION
Part 2 - TEXAS EDUCATION AGENCY
Chapter 157 - HEARINGS AND APPEALS
Subchapter EE - INFORMAL REVIEW, FORMAL REVIEW, AND REVIEW BY STATE OFFICE OF ADMINISTRATIVE HEARINGS
Division 3 - STATE OFFICE OF ADMINISTRATIVE HEARINGS SUBSTANTIAL EVIDENCE REVIEW
Section 157.1155 - Petition for Review

Universal Citation: 19 TX Admin Code § 157.1155

Current through Reg. 49, No. 38; September 20, 2024

(a) A school district or an open-enrollment charter school subject to a decision defined by § 157.1151 of this title (relating to Applicability) (petitioner) may file with the Texas Education Agency (TEA) a petition for review of the decision or determination under this division. The petition must be received by the TEA not later than the 15th calendar day after the notice is sent to the petitioner.

(1) The petition for review shall include a copy of the challenged decision and any attachments or exhibits to the decision.

(2) The petition for review shall concisely state, in numbered paragraphs:

(A) if alleging the decision was made in violation of a statutory provision, the statutory provision violated and the specific facts supporting a conclusion that the statute was violated by the decision;

(B) if alleging the decision was made in excess of the TEA's statutory authority, the TEA's statutory authority and the specific facts supporting a conclusion that the decision was made in excess of this authority;

(C) if alleging the decision was made through unlawful procedure, the lawful procedure and the specific facts supporting a conclusion that the decision was made through unlawful procedure;

(D) if alleging the decision was affected by other error of law, the law violated and the specific facts supporting a conclusion that the decision violated that law;

(E) if alleging the decision was not reasonably supported by substantial evidence considering the reliable and probative evidence, each finding, inference, conclusion, or decision that was unsupported by substantial evidence;

(F) if alleging the decision was arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion, each finding, inference, conclusion, or decision affected and the specific facts supporting a conclusion that each was so affected; and

(G) for each violation, error, or defect alleged under subparagraphs (A)-(F) of this paragraph, the substantial rights of the school district or charter school that were prejudiced by such violation, error, or defect.

(3) A petition for review shall further contain:

(A) a concise statement of the relief sought by the petitioner; and

(B) the name, mailing address, telephone number, and facsimile number of the petitioner's representative.

(4) A request for relief in a review under this division may not be made orally or as part of the record at a prehearing conference or hearing.

(b) Failure to comply with the requirements of subsection (a) of this section shall result in dismissal of the petition for review and final action without further review and without referral to the State Office of Administrative Hearings (SOAH).

(d) The TEA shall file a notice of hearing, present evidence and arguments, and otherwise fully participate as a party in the contested case proceeding.

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