The Division of Hearing and Appeals hears appeals regarding:
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. 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. Parties are encouraged to consult an attorney before initiating an appeal to the Commissioner of Education. All filings submitted for any of the above-referenced appeals should be submitted to the Division of Hearing and 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 the decision violates the school laws of this state or a provision of a written employment contract. Please refer to the instructions for Filing a 7.057 Grievance Appeal webpage for more information.
Educators who received a school board's decision not to renew the educator's term contract; to terminate a continuing or term contract; to terminate a probationary contract before the end of the contract'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. Please refer to the instructions for Filing a Ch. 21 Appeal webpage for more information.
Educators who received notice of the proposed decision to: (1) terminate the teacher's continuing contract at any time; (2) terminate the teacher's probationary or term contract before the end of the contract period; and (3) suspend the teacher without pay; may request the assignment of an Independent Hearing Examiner. 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. Please refer to the instructions for filing a request for a hearing before an Independent Hearing Examiner webpage for more information.
Territory may be detached from a school district and annexed to another school district that is contiguous to the detached territory. If both affected districts disapprove the petition, the decisions may not be appealed. Please refer to the Detachment and Annexation webpage for more information.
A parent or 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. Please refer to the appeal of requests for virtual school network course webpage for more information.
School districts that received a request to install a video camera can request an extension to begin the operation of the video cameras. Please refer to the instructions for requesting an extension of time to begin operating a video camera webpage for more information.
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. Please refer to the denial of surveillance of special education setting webpage for more information.
You are welcome to use these sample forms for filing an appeal, but they are not required.
Please review our Frequently Asked Questions.
The Division of Hearings and Appeals accepts electronically filed documents. All filings may be submitted through the electronic filing portal at the link below:
The Division of Hearings and Appeals maintains a database of previously issued Commissioner's Decisions and Independent Hearing Examiner Recommendations:
NOTICE
Submitting a complaint to TEA Complaints Management after you have exhausted the local grievance process (Levels One-Three) does not meet the requirements of an Appeal to the Commissioner of Education under Texas Education Code § 7.057. To appeal a grievance decision please refer to the instructions for filing a 7.057 Appeal.
All matters related to a complaint should be directed to TEA's Complaint Management Division at (512) 463-3544 or email ComplaintsManagement@tea.texas.gov.