Texas Education Code 39.006 – Commissioner Determination
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(a) After a hearing is conducted under § 39.005, the commissioner shall provide an opportunity for the agency and the school district to present oral argument to the commissioner regarding the disagreement that formed the basis of the hearing. The commissioner shall provide the agency and the district with equal time for oral argument.
(b) After hearing any oral argument presented under Subsection (a), the commissioner shall issue a written decision to the school district that contains:
(1) findings of fact;
(2) conclusions of law; and
(3) sanctions, interventions, or other actions authorized by law.
Terms Used In Texas Education Code 39.006
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) In determining the written decision under Subsection (b), the commissioner shall consider:
(1) the record of the hearing conducted under § 39.005;
(2) the findings of fact and conclusions of law issued by the hearing examiner or the person conducting the hearing under § 39.005(h); and
(3) the oral arguments presented under Subsection (a).
(d) The commissioner may accept, reject, or amend the conclusions of law issued by the hearing examiner or the person who conducted the hearing under § 39.005 regarding the interpretation of a provision of this code.
(e) The commissioner may not reject or amend a finding of fact issued by the hearing examiner or the person who conducted the hearing under § 39.005, unless the commissioner, after reviewing the record, determines that a finding of fact is not supported by substantial, admissible evidence.
(f) The commissioner shall provide in writing the legal basis and reason for any amendment or rejection of a finding of fact or conclusion of law made by the hearing examiner or the person who conducted the hearing under § 39.005.