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Per Texas Education Code § 26.0031 at the time and in the manner that a school district or open-enrollment charter school informs students and parents about courses that are offered in the district's or school's traditional classroom setting, the district or school shall notify parents and students of the option to enroll in an electronic course offered through the state virtual school network under Chapter 30A.

A school district or open-enrollment charter school in which a student is enrolled as a full-time student may not deny the request of a parent of a student to enroll the student in an electronic course offered through the state virtual school network under Chapter 30A. There are exceptions which can be found in Texas Education Code § 20.0031(c). 

Notwithstanding Subsection (c)(2), a school district or open-enrollment charter school that provides an electronic course through the state virtual school network shall make all reasonable efforts to accommodate the enrollment of a student in the course under special circumstances.

Appeal decision to Deny Request to enrollment in an electronic course offered through the state virtual school network

A parent may appeal to the commissioner a school district's or open-enrollment charter school's decision to deny a request to enroll a student in an electronic course offered through the state virtual school network.  The commissioner's decision under this subsection is final and may not be appealed.

Complete Local School District's Grievance Process

The parent/legal guardian must exhaust administrative remedies through the school district's grievance process.  After local remedies are exhausted by filing a grievance with the school board and obtaining a school board determination, the requestor may appeal the denial to the commissioner of education under TEC §7.057, by filing a petition for review.

Prepare and file a Petition for Review

The parent shall file with the Commissioner or the agency's division responsible for hearings and appeals a petition for review within 10 business calendar days receiving a final decision in the local grievance process that the student was denied the opportunity to enroll in an electronic course offered through the TxVSN. 

The only document required to file an appeal is the Petition for Review.  An appeal under this section shall be based on review of the local record developed in the grievance process (Tex. Admin. Code § 70.1035(d)(2).  The record is filed by the Respondent (ISD) when they file their answer.  (See Local Record section below for more details on what must be included.)

A petition for review shall contain the following in numbered paragraphs:

1. A description of the challenged ruling, action, or failure to act complained of;
2. The date of the challenged ruling, action, or failure to act;
3. A precise description of the action the petitioner wants the commissioner to take on the petitioner's behalf;
4. A statement of jurisdiction and the legal basis for the claim;
5. The name, mailing address, telephone number of the petitioner's party representative during business hours, email, and facsimile number, if any; and
6. The name, mailing address, and business telephone of the respondent or the respondent's representative, email, and facsimile number, if any.

Filing of Documents with the Commissioner of Education 

The Petition for Review must be filed with ����vlog����’s Division of Hearings & Appeals, by , email to HearingsandAppeals@tea.texas.gov, mail, or hand delivery to Attn: Hearings and Appeals Division (160), 1701 N. Congress Ave., Suite 2-150, Austin, Texas 78701 or by facsimile to (512) 475-3662.  Electronic filing is recommended.

Service of Documents on Other Parties

Every pleading, plea, motion, or correspondence filed with ����vlog����’s Hearings and Appeals Division shall be served on all parties or the party’s representatives and must contain a certificate of service. 

����vlog���� Acknowledgment Letter

Upon receipt of the Petition for Review the hearings and appeals division will issue an acknowledgment letter providing parties notice that the case has been docketed.

Answers

Respondent must file an answer along with the local record within 30 calendar days after receiving notice from the hearings and appeals division that the case has been docketed.  (Tex. Admin. Code § 157.1052, § 157.1073(d), (e), and (f)).

Per Tex. Admin. Code 157.1052 the answer shall:

• Specifically admit or deny each allegation in the petition for review, or shall assert that respondent is without sufficient knowledge and information to admit or deny the allegation and shall set forth all affirmative defenses.
• Contain the name of the respondent or the respondent's party representative, the mailing address, telephone number during business hours, and facsimile number, if any.

Local Record (Tex. Admin. Code §157.1073(d))

It is the responsibility of the school district to make and preserve the records of the proceedings before the board of trustees. If the school district fails to create and preserve the record without good cause, all substantial evidence issues that require missing portions of the record for resolution shall be deemed against the school district. The record shall include:  (1) a tape recording or a transcript of the hearing at the local level. If a tape recording is used: (A) the tape recording must be complete, audible, and clear; and (B) each speaker must be clearly identified; (2) all evidence admitted; (3) all offers of proof; (4) all written pleadings, motions, and intermediate rulings; (5) a description of all matters officially noticed; (6) if applicable, the decision of the hearing examiner; (7) a tape recording or transcript of the oral argument before the board of trustees; and (8) the decision of the board of trustees.

Objection to the record. In all hearings filed against a school district, the school district must file the local record with its answer. The school district shall notify the petitioner in writing when the local record is prepared and make the record available to the petitioner for inspection. A copy of the local record shall be provided to the petitioner for a reasonable charge upon request. In all hearings filed against a school district, the record before the commissioner shall be considered complete and accurate and shall be admitted into evidence for all purposes, unless within 30 days of the date of filing the record, the petitioner files objections to the record that specifically set forth the items that are relevant and material and have been erroneously omitted for the record or portions of the record that are relevant and material but have been inaccurately transcribed. The administrative law judge shall conduct a hearing to receive evidence relevant to the challenge to the record if it appears that the matter in dispute is material to the outcome of the hearing.

Proposal for Decision (Tex. Educ. Code § 7.057(b))

A Proposal for Decision (“PFD”) will be issued no later than 180 calendar days from the date the Petition for Review was filed. (Tex. Educ. Code § 7.057(b)).

Filing of Exceptions and Replies to Proposal for Decision (Tex. Admin. Code § 157.1059)

Either party may file exceptions to a proposal for decision no later than 30 calendar days from the date the proposal for decision was issued.  Parties may also file replies to the exceptions no later than 50 calendar days from the date of the proposal for decision.  All disagreements with the factual findings and legal conclusions of the proposal for decision must be made in the parties' exceptions to the proposal for decision or be waived.  (Tex. Admin. Code § 157.1059).

Decision of the Commissioner  (Tex. Educ. Code § 7.057(c))

After the time for filing exceptions and replies to exceptions expires, the administrative law judge's proposal for decision will be considered by the commissioner and either adopted or modified.  (Tex. Admin. Code § 157.1060).  The commissioner’s decision will be issued no later than 240 calendar days from the date the petition for review was filed.  The parties to the appeal may agree in writing to extend the decision deadline, by not more than 60 days. (Tex. Educ. Code § 7.057(c)).

If the commissioner determines that a student was unreasonably denied the opportunity to enroll in an electronic course, the school district or charter school shall immediately enroll the student in the electronic course or a similar course in accordance with the enrollment windows established by the provider. 

Motions for Rehearing (Tex. Admin. Code (Tex. Admin. Code § 157.1061)

Either party aggrieved by the decision of the commissioner may file a motion for rehearing no later than 25 calendar days after the date the commissioner’s decision was signed.  A party must file any replies to the motion for rehearing not later than 40 calendar days after the date the decision is signed. (Tex. Gov't. Code § 2001.146 & Tex. Admin Code § 157.1061).

The commissioner's decision under this section is final and may not be appealed.