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Request For Expedited Review

The expedited review process is designed to allow a requestor to promptly receive a preliminary judgment from the commissioner as to a decision to deny a request for the installation of cameras or a decision to deny a request to release a video while at the same time respecting the school grievance process.  The expedited review process does not apply to a request to only view a video. (Texas Admin. Code §103.1303(b)(7)(A))

Invoking the expedited review process results in a prompt initial determination.  However, the final commissioner's determination is to be based on a substantial evidence review of the school district's grievance record.  This allows for a full record to be developed at the school district level and does not require the requestor and the school district to make an evidentiary record before the Texas Education Agency (Texas Admin. Code §103.1301(b)(7)(A))

Because the requirements of Texas Educ. Code §7.057, are met when the school board's decision is heard by the commissioner, an appeal to district court is allowed under Texas Educ. Code §7.057(d).  Texas Educ. Code §29.022, does not by itself allow an appeal to district court.  (Texas Admin. Code §103.1303(b)(7)(A))

A school district, parent, staff member, or administrator may request an expedited review.  Any request for an expedited review shall include the names, telephone numbers, and addresses of all interested parties to the request.  "Interested parties" are all persons who brought the grievance, all persons who have testified or provided written statements as part of the grievance process, and the school district.  The request for expedited review shall specify whether the school district denied a request for the placement of a video camera or the school district denied a request to release a video and briefly describe why that decision is either correct or incorrect.  (Texas Admin. Code §103.1303(b)(7)(B)

A request for expedited review shall be filed with the commissioner no earlier than 14 business days after a request for placement of a video camera or a request to release a video is administratively denied and no later than the fifth business day after a school board resolves a grievance as to a request for placement of a video camera or a request to release a video.  (Texas Admin. Code §103.1303(b)(7)(C))

Whenever an interested party files a document with the commissioner, with the exception of the request for expedited review, the interested party shall send the same document to all other interested parties by the same method that the document was sent to the commissioner.  (Texas Admin. Code §103.1303(b)(7)(D))

If a request for expedited review is timely filed, the commissioner will establish a briefing schedule and will send notice to all interested that an expedited review has been filed.  All briefing shall clearly state the facts relied upon.  Documents relevant to the issues presented may be attached to a brief.  All briefings shall provide the reasons why the commissioner should or should not grant the request for expedited review.  Citations to statutes, rules, commissioner decisions, and caselaw are important to identify the legal basis for the claims made.  (Texas Admin. Code §103.1303(b)(7)(E) and (F))

All interested parties who are in favor of granting the request for expedited review shall file briefing at the time specified for the requestor of the expedited review.  (Texas Admin. Code §103.1303(b)(7)(G))

All interested parties who are opposed to granting the request for expedited review shall file briefing at the same time.  (Texas Admin. Code §103.1303(b)(7)(H))

Briefing is not limited to the issues specifically raised in the pleadings in the case.  However, no new arguments may be raised in the reply briefs.  Reply briefs may contain new citations to the record and legal authority as to issues previously raised.  (Texas Admin. Code §103.1303(b)(7)(I))

A preliminary judgment shall be issued based on the briefing of the interested parties.  The preliminary judgment will be sent to the requestor, the school district, and all interested parties.  If it is determined that a school district is not likely to prevail on the issue of a request for the placement of video cameras or the issue of a request to view a video under full review, the school district will fully comply with Texas Educ. Code §29.022.  (Texas Admin. Code §103.1303(b)(7)(J))

After a preliminary judgment is made, a final judgment will be made in accordance with the procedures set forth in paragraphs (1)-(5) of this subsection.  (Texas Admin. Code §103.1303(b)(7)(K))

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