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Independent Hearing Examiner
Information on the certification criteria for Independent Hearing Examiners can be found in Texas Administrative Code, Chapter 157, subchapter D.
Request for an assignment of an Independent Hearing Examiner
If you are a teacher and have a received a notice from the school board of trustees that your contract has been proposed for termination, non-renewed or suspended without pay, you may have the option to request a hearing to the Commissioner of Education. The teacher must file a written request not later than the 15th day after the date the teacher receives written notice. If you have a continuing contract the teacher must notify the board of trustees not later than the 10th day after the date the teacher receives notice. Texas Education Code, Chapter 21, section 21.159. Please also refer to Texas Education Code, Chapter 21, Subchapter F and Hearings Conducted by an Independent Hearing Examiner.
File an Appeal
TEA does not provide forms or pleading examples due the variety of cases that are filed.
If you filed a parent or employment grievance and a decision has been reached by the Board of Trustees, you may file an appeal in writing to the Commissioner of Education. Please refer to Texas Education Code 7.057. If you believe your appeal is governed by this statue, you have 45 days from the date the decision was communicated to you to file a Petition for Review in writing with the Commissioner. Please refer to Texas Administrative Code, Chapter 157, Subchapter AA and BB for detailed information on this process.
Texas Education Code, Section 7.057(a) states that:
A person may appeal in writing to the commissioner if the person is aggrieved by:
(1) the school laws of this state; or
(2) actions or decisions of any school district board of trustees that violate:
(A) the school laws of this state; or
(B) a provision of a written employment contract between the school district and a school district employee, if a violation causes or would cause monetary harm to the employee.
If you are a teacher and your contract has been terminated, non-renewed or you have been suspended without pay by the school district board, please refer to Texas Education Code, Chapter 21. If you believe your appeal is governed by Texas Education Code Chapter 21, you have 20 days after the decision of the school board of trustees has communicated to you, to file a Petition for Review to the Commissioner of Education. Other timelines may be included in the statue.
Once you have determined the type of case you will be filing please refer to Chapter 157 Texas Administrative Code, Subchapter AA to find out where and how to file your documents.
Email submission of documents is not permitted. Please refer to Chapter 157 regarding the filing procedure on the above mentioned link.
Other related information
For information on Texas Education Code (TEC), Chapter 21 teacher contracts, refer to the following:
Probationary contracts see, Subchapter C and G.
Continuing contracts see, Subchapter D and G.
Term contracts see, Subchapters E and G.
For information on specific appeals to the Commissioner, see Texas Administrative Code, chapter 157 BB.
For additional information on all TEA administrative rules, see Texas Administrative Code.
For information on appeals to district court in Travis County, refer to Texas Education Code, section 7.057(d).
For Judicial Appeals, refer to the Texas Education Code, section 21.307 and the Government Code, Section 2001.171.