The Legal Services Division provides information and resources about legal issues that affect public education in Texas. Our office can answer general questions and provide information about state law, but we cannot give legal advice to either side of a dispute.
Below are legal topics that may assist you with questions that you have. If you find the information below does not answer your question(s) you may contact our legal office at (512) 463-9720 or by email at firstname.lastname@example.org.
Frequently Asked Questions
Address Confidentiality Program, Office of the Attorney General
Information about the enrollment of a student in a household participating in the OAG Address Confidentiality Program.
Administrator addressed letter summarizing several important statutes relating to attendance, public school admission, enrollment records and tuition.
Authorization Agreement for Nonparent Relative under Chapter 34, Family Code
Execution of an authorization agreement for a nonparent relative under Chapter 34, Family Code, is not required for a student to enroll in a public school, including a student who is entitled to enroll on the basis of a separate residence under Sections 25.001(b)(4) and (d), Education Code. A student who is entitled to enroll under Section 25.001 may not be excluded from enrollment due to the lack of an authorization agreement, power of attorney, or other similar document.
Hearing and Appeals
Information about appeals to the Commissioner of Education for teacher employment, contract non-renewals, terminations, and suspension without pay that are governed by the Texas Education Code, Section 21.301. Hearings before a Certified Hearing Examiner refer to the Texas Education Code, Section 21.251, Applicability.
Adopted Amendments to the 19 TAC Chapter 157, Subchapters AA-DD
Effective May 28, 2012, the compensation cap for Independent Hearing Examiners who hold employment hearings under Texas Education Code, Chapter 21, subchapter F has been increased from $8,000 per case to $10,000 per case. Text of Adopted Amendments to 19 TAC (PDF, 12 KB)
In addition, the Commissioner has adopted amendments to subchapters AA, BB, and CC of 19 Texas Administrative Code, Chapter 157, Hearings and Appeals, that include clarifying the requirements for motions requiring a certificate of conference, clarifying hearings procedures about federal programs and updating federal statutory references, and adding procedures about the issuance of subpoenas and depositions.
Commissioner and Local Hearing Decisions
Special Education Dispute Resolution
Information on special education mediation and the special education due process hearings programs.
Civil Action 5281 / Conveyance of Property Deeds
Federal mandate requiring TEA to review and approve the sale or lease of school property.
Public Information (Open Records)
Under section 552.262(a), the Office of the Attorney General (OAG) is required to adopt rules to be used by governmental bodies in determining charges for providing copies of public information or making paper records available for public inspection.
Helpful Links to Related Sites
Student Discipline Matters
The Commissioner of Education generally does not have authority over local student discipline matters, with the exception of Texas Education Code Chapter 37.006 (i) and 37.006 (j). Student disciplinary appeals should be filed in the State District Court in the county in which the school district's administrative offices are located.
Disclaimer: The Texas Education Code is maintained by Texas Legislature Online which will update the Code when the changes are received from the publisher. Please review the Texas Legislature Online website for the current status.