The commissioner must hear oral argument from the agency and school district, then issue a written decision and explain any changes to findings or legal conclusions.
Sec. 39.006. COMMISSIONER DETERMINATION. (a) After a hearing is conducted under Section 39.005, the commissioner shall provide an opportunity for the agency and the school district to present oral argument to the commissioner regarding the disagreement that formed the basis of the hearing. The commissioner shall provide the agency and the district with equal time for oral argument. (b) After hearing any oral argument presented under Subsection (a), the commissioner shall issue a written decision to the school district that contains: (1) findings of fact; (2) conclusions of law; and (3) sanctions, interventions, or other actions authorized by law. (c) In determining the written decision under Subsection (b), the commissioner shall consider: (1) the record of the hearing conducted under Section 39.005; (2) the findings of fact and conclusions of law issued by the hearing examiner or the person conducting the hearing under Section 39.005(h); and (3) the oral arguments presented under Subsection (a). (d) The commissioner may accept, reject, or amend the conclusions of law issued by the hearing examiner or the person who conducted the hearing under Section 39.005 regarding the interpretation of a provision of this code. (e) The commissioner may not reject or amend a finding of fact issued by the hearing examiner or the person who conducted the hearing under Section 39.005, unless the commissioner, after reviewing the record, determines that a finding of fact is not supported by substantial, admissible evidence. (f) The commissioner shall provide in writing the legal basis and reason for any amendment or rejection of a finding of fact or conclusion of law made by the hearing examiner or the person who conducted the hearing under Section 39.005. Added by Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 2.05, eff. September 1, 2021.