June 2023 Committee on School Initiatives Item 2
Discussion of Proposed Amendment to 19 TAC Chapter 157, Hearings and Appeals, Subchapter D, Independent Hearing Examiners, §157.41, Certification Criteria for Independent Hearing Examiners
June 22, 2023
COMMITTEE ON SCHOOL INITIATIVES: DISCUSSION
STATE BOARD OF EDUCATION: NO ACTION
SUMMARY: This item provides an opportunity for the committee to discuss a proposed amendment to 19 Texas Administrative Code (TAC) Chapter 157, Hearings and Appeals, Subchapter D, Independent Hearing Examiners, §157.41, Certification Criteria for Independent Hearing Examiners. The proposed amendment would modify the experience requirements for independent hearing examiners.
STATUTORY AUTHORITY: Texas Education Code (TEC), §21.252(a).
TEC, §21.252(a), requires the State Board of Education (SBOE) to establish certification criteria for independent hearing examiners.
The full text of statutory citations can be found in the statutory authority section of this agenda.
FUTURE ACTION EXPECTED: The proposed amendment to §157.41 will be presented for first reading and filing authorization at the August-September 2023 SBOE meeting.
BACKGROUND INFORMATION AND JUSTIFICATION: Chapter 157, Subchapter D, addresses criteria for the certification of hearing examiners eligible to conduct hearings.
During the rule review required under Texas Government Code, §2001.039, the SBOE requested that Texas Education Agency staff present a proposed amendment to §157.41 that would modify the experience requirements for hearing examiners.
Subsection (d)(2) would be amended to require that an independent hearing examiner must not have had his or her license reprimanded, suspended, or revoked within the last three years.
Subsection (d)(3) and (4) would be amended to reduce the requirements that an independent hearing examiner must have been licensed to practice law and engaged in the practice of law on a full-time basis from five years to three years.
Subsection (e) would be amended to expand the experience requirements to include family law, criminal law, and personal injury law.
Staff Member Responsible:
Christopher Maska, Director, Hearings and Appeals, Office of General Counsel
Attachment:
Text of Proposed Amendment to 19 TAC Chapter 157, Hearings and Appeals, Subchapter D, Independent Hearing Examiners, §157.41, Certification Criteria for Independent Hearing Examiners