(a) A school district or open-enrollment charter school must appeal under this section if the district or charter school intends to challenge a decision by the commissioner under this chapter to:
(1) close the district or a district campus or the charter school;
(2) pursue alternative management of a district campus or the charter school;
(3) appoint a board of managers to the district or charter school; or
(4) appoint a conservator or management team to the district or charter school.
(b) A challenge to a decision under this section is under the substantial evidence rule as provided by Subchapter G, Chapter 2001, Government Code. The commissioner shall adopt procedural rules for a challenge under this section.

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Terms Used In Texas Education Code 39A.301

  • 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.
  • Rule: includes regulation. See Texas Government Code 311.005

(c) Notwithstanding other law:
(1) the State Office of Administrative Hearings shall conduct an expedited review of a challenge under this section;
(2) the administrative law judge shall issue a final order not later than the 30th day after the date on which the hearing is finally closed;
(3) the decision of the administrative law judge is final and may not be appealed; and
(4) the decision of the administrative law judge may set an effective date for an action under this section.

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