The Legal Services Division provides information and resources regarding legal issues that affect public education in Texas. Our office can answer general questions and provide information about state law, but we cannot give legal advice to either side of a dispute.
Below are legal topics that may be helpful to assist you with questions that you have. If you find the information below does not answer your question(s) you may contact our legal office at (512) 463-9720.
Legal Topics
Education Law & Rules
Information on special education mediation and the special education due process hearings programs.
Student Discipline Matters
- The The Commissioner of Education generally does not have authority over local student discipline matters, with the exception of Texas Education Code Chapter 37.006 (i) and 37.006 (j). Student disciplinary appeals should be filed in the State District Court in the county in which the school district's administrative offices are located.
Address Confidentiality Program, Office of the Attorney General
Information regarding the enrollment of a student in a household participating in the OAG Address Confidentiality Program.
Hearing and Appeals
Teacher Termination/Non-Renewal
- Hearings before a Certified Hearing Examiner refer to Sections 21.251 and 21.253 of the Texas Education Code for information.
- Appeals to the Commissioner refer to Section 21.301 of the Texas Education Code for information.
- Judicial appeals refer to Section 21.307 of theTexas Education Code for information.
Refer to the Texas Administrative Code (TAC),Title 19, Chapter 157, Hearing and Appeals for additional information.
Commissioner Hearing Decisions
Hearing Decisions - Click on the link to search past and present Commissioner Hearing Decisions.
Civil Action 5281 Process
- All conveyances of real property by Texas School Districts are submitted to TEA for review and approval.
- The approval process primarily seeks the implementation of restrictive convenants and reversionary clause issued by Civil Action 5281.
- The district or district's representative is sent a letter upon receipt indicating that all documentation has been mailed to the attorney of record to initiate the approval process and to expect approval within 20 - 30 days.
- A memorandum letter indicating counsel of record along with copies of deed(s) are mailed for approval to: The United State Department of Justice and the National Association for the Advancement of Colored People.
- Each request is entered into an office filing system which is tickled and tracked upon approval.
- Requestor is mailed an approval letter within the time contraints indicating the approval of transactions.
- Upon completion of the transaction, a finalized copy of the deed(s) must be submitted to TEA.
- Any conveyance mailed to TEA which does not contain the restrictive convenants and reversionary clause is returned to the requestor along with a standard letter indicating non-approval.
- Copies of the Civil Action 5281 memo and court orders are available upon request for procedural assistance. You may contact our Legal Services Division at (512) 463-9720, by fax (512) 475-3662 or email tealegal@tea.state.tx.us
Public Information (Open Records)
- Open Records Request
Pursuant to section 552.301(c) of the Texas Government Code, the Commissioner of Education has designated two e-mail addresses and two fax numbers to receive requests for public information held by the Texas Education Agency. A request sent to any e-mail address or fax number other than those listed below does not trigger the requirements of the Public Information Act, Chapter 552 of the Texas Government Code. Following the process will help expedite your request and improve our ability to provide you with the information you need in the most effecient way possible.
Please submit your request to:
Office of General Inquiry (requests from the general public)
E-mail address: PIR@tea.state.tx.us
Fax number: 512-475-3665
Or:
Division of Communications (requests from the media)
E-mail address: media-PIR@tea.state.tx.us
Fax number: 512-463-9838
Frequently Asked Questions (FAQ's)
School Finance Ruling
Links to Related Sights
Administrator Addressed Letter
Disclaimer: The Texas Education Code is maintained by Texas Legislature Online which will update the Code when the changes are received from the publisher. Please review the Texas Legislature Online website for the current status.