(a) Notwithstanding Chapter 2001, Government Code, a school district may only appeal a decision made by the commissioner under § 39.006 in accordance with this section.
(b) A school district may appeal a decision made by the commissioner under § 39.006 to:
(1) a district court with jurisdiction in the county in which the school district’s central administrative offices are located; or
(2) a district court in Travis County, if agreed to by the school district and the commissioner.

Terms Used In Texas Education Code 39.007

  • 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.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Rule: includes regulation. See Texas Government Code 311.005
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(c) A school district must file an appeal under this section not later than 30 days after the date on which the district received the written decision of the commissioner under § 39.006(b).
(d) The filing of an appeal under this section does not affect or stay the enforcement of the commissioner’s written decision issued under § 39.006(b).
(e) A court hearing an appeal under this section shall review the decision issued by the commissioner under § 39.006(b) under the substantial evidence rule as provided by Subchapter G, Chapter 2001, Government Code, after examining:
(1) the evidentiary record of the hearing conducted under Section 39.005;
(2) the findings of fact issued by the hearing examiner or the person that conducted the hearing under Section 39.005; and
(3) any amendment or rejection of a finding of fact made by the commissioner under § 39.006.
(f) A court hearing an appeal under this section may not take additional evidence.
(g) A court hearing an appeal under this section may review any amendment to or rejection of a finding of fact made by the commissioner. If the court determines that the amendment or rejection was not supported by substantial evidence, the court shall reject the commissioner’s amended finding of fact and consider instead the original finding issued by the hearing examiner or the person who conducted the hearing under § 39.005.
(h) Notwithstanding § 2001.174, Government Code, the court may not reverse or remand a decision issued by the commissioner under § 39.006(b) based on a procedural error or irregularity made by the commissioner, an agency investigator, or the hearing examiner or the person who conducted the hearing under § 39.005, unless the court determines that the procedural error or irregularity is likely to have caused an erroneous decision by the commissioner.

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