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The Division of Hearing and Appeals hears appeals regarding:

1. Parties aggrieved by the school laws of this state; or actions or decisions of any school board of trusteesÌýthat violateÌýthe school laws of this state under ɬÀï·¬ Education Code Section 7.057;
2. Educators who have been terminated orÌýreceived a notice of proposed contract termination, non-renewal, and/or suspension without pay under ɬÀï·¬ Education Code SectionÌýCh. 21;
3. School district's requests for an extension of time to begin operation of a video camera under ɬÀï·¬ Education Code Section 29.022;
4. Denial of video surveillance of special education settings appeals under ɬÀï·¬ Education Code Section 29.022;
5. Detachment and Annexation appeals under ɬÀï·¬ Education Code Section 13.051; and
6. School District or charter school's decision to deny a request to enroll a student in an electronic course offered through the state virtual school network under ɬÀï·¬ Education Code Section 26.0031.Ìý

The hearings and appeals division does not hear appeals related to educator certification matters.ÌýAll matters related to educator certification should contact TEA's Educator Certification DivisionÌýor the State Board of Educator Certification, Enforcement Division.

On this page, you will find general instructions by the type of appeal, sample forms, references to citations related to appeals, and a series of frequently asked questions about filing an appeal with the Commissioner of Education.Ìý Please note the instructions and sample forms are only intended to serve as a guide and parties are not required to use the sample forms.Ìý Parties are encouraged to consult an attorney before initiating an appeal to the Commissioner of Education.Ìý All filings submitted for any of the above-referenced appeals should be submitted to the Division of Hearing and Appeals.

2025 Independent Hearing Examiner — Now Accepting Applications

The ɬÀï·¬ Education Agency seeks qualified attorneys to act as independent hearing examiners in local school district employment hearings. ÌýThe independent hearing examiner will preside over hearings involving a nonrenewal or termination of educator employment contracts. ÌýThe examiner will issue a recommendation for the school district’s board of trustees to consider. ÌýHearing requests are assigned on a regional basis. ÌýHearing Examiners are paid by the school district and may charge $125 an hour up to $10,000, plus allowable expenses.Ìý The number of assignments an examiner will receive varies from year to year and from region to region.Ìý One mandatory training session will be held via webcast for qualifying attorneys. ÌýTo be considered as an independent hearing examiner you are required to complete specific continuing legal education requirements throughout the year. ÌýSelected hearing examiners will be required to submit to a national criminal history check as a condition of continued certification. ÌýFor additional information, interested attorneys may review TEC Chapter 21, subchapter F, and 19 TAC Chapter 157, specifically Subchapters D and DD. ÌýThe application must be submitted by Friday, November 1, 2024, no later than 5:00 p.m. ÌýApplications may be emailed or mailed.Ìý Email submission is strongly encouraged.Ìý The email address to send your application is Christina.Eischens@tea.texas.gov. ÌýFor questions, contact the Hearings and Appeals Division at (512) 463-0489 or email Christina.Eischens@tea.state.tx.us.

• Application for Independent Hearing Examiner
• Recertification Affidavit for Independent Hearing Examiners

Appeals Processes

Grievance Appeals

If you filed a parent/student, or educator grievance with the school board and a final school board decision has been made, you may file an appeal to the Commissioner of Education if theÌýdecision violates the school laws of this state or a provision of a written employment contract.Ìý Please refer to theÌýinstructions for Filing a 7.057 Grievance AppealÌýwebpage for more information.

Chapter 21 Appeals

Educators who received a school board's decision not to renew theÌýeducator's term contract; to terminate a continuing or term contract; to terminate a probationary contract before theÌýend of theÌýcontract's term; or decision to suspend without pay a probationary, term or continuing contract may file an appeal in writing to the Commissioner of Education.Ìý Please refer to theÌýinstructions for Filing a Ch. 21 AppealÌýwebpage for more information.

Request for Independent Hearing Examiner

Educators who received notice of the proposed decision to: (1)Ìýterminate the teacher's continuing contract at any time;Ìý(2)Ìýterminate the teacher's probationary or term contract before the end of the contract period; and (3)Ìýsuspend the teacher without pay; may request the assignment of an Independent Hearing Examiner.Ìý In some circumstances, a school district can decide to hear the nonrenewal of a term contract by a method other than using an Independent Hearing Examiner.Ìý Please refer to theÌýinstructions for filing a request for a hearing before an Independent Hearing ExaminerÌýwebpage for more information.Ìý

• List of Certified Independent Hearing Examiners
• Complaints against Independent Hearing Examiners

Detachment and Annexation Appeals

Territory may be detached from a school district and annexed to another school district that is contiguous to the detached territory.Ìý If both affected districts disapprove the petition, the decisions may not be appealed.Ìý Please refer to theÌýDetachment and Annexation webpage for more information.

Virtual School Network Appeals

A parentÌýor student may appeal to the Commissioner of Education a school district's decision to deny a request to enroll a student in an electric course offered through the state virtual school network.Ìý Ìý Please refer to the appeal of requests for virtual school network courseÌýwebpage for more information.

Request for Extension of Time to Begin the Operation of a Video Camera

School districts that received a request to install a video camera can request anÌýextension to begin the operation of the video cameras.Ìý Please refer to the instructions for requesting an extension of time to begin operating a video camera webpage for more information.

Denial of Surveillance of Special Education Setting

Authorized parties whose request for placement of video and audio surveillance was denied may file an appeal to the Commissioner of Education after local remedies are exhausted.Ìý Please refer to the denial of surveillance of special education setting webpage for more information.

Forms, Statutes & Rules, and FAQ's

You are welcome to use theseÌýsample forms for filing an appeal, but they are not required.

We provided weblinks to relevantÌýEducation Law & Regulations of the Commissioner of Education Relating to Appeals Before the Commissioner.

Please review ourÌýFrequently Asked Questions.

Electronically Filed Documents

The Division of Hearings and Appeals accepts electronically filed documents.Ìý All filings may be submitted through the electronic filing portal at the link below:

• Electronic Filing System

Commissioner's Decisions Database

The Division of Hearings and Appeals maintains a database of previously issued Commissioner's Decisions and Independent Hearing Examiner Recommendations:

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