Tex. Codes » Education Code · TITLE 2. PUBLIC EDUCATION · SUBTITLE D. EDUCATORS AND SCHOOL DISTRICT EMPLOYEES AND VOLUNTEERS · CHAPTER 21. EDUCATORS
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Tex. Educ. Code § 21.301 (2026)

Appeal To Commissioner

✓ laws through the 89th Legislature (2025)
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Sec. 21.301. APPEAL TO COMMISSIONER. (a) Not later than the 20th day after the date the board of trustees or board subcommittee announces its decision under Section 21.259 or the board advises the teacher of its decision not to renew the teacher's contract under Section 21.208, the teacher may appeal the decision by filing a petition for review with the commissioner.

(b) The school district must file a response not later than the 20th day after the date the petition for review is filed. The record of the local hearing must be filed with the district's response or be filed alone within the period for a response if the district does not file a response. A school district's filing of the record with the commissioner under this subsection is not an offense under Section 551.146, Government Code.

(c) The commissioner shall review the record of the hearing before the hearing examiner and the oral argument before the board of trustees or board subcommittee. Except as provided in Section 21.302, the commissioner shall consider the appeal solely on the basis of the local record and may not consider any additional evidence or issue. The commissioner, on the motion of a party or on the commissioner's motion, may hear oral argument. The commissioner shall accept written argument.

(d) In conducting a hearing under this section, the commissioner has the same authority relating to discovery and conduct of a hearing as a hearing examiner has under Subchapter F.

(e) The commissioner may adopt rules governing the conduct of an appeal to the commissioner. An appeal to the commissioner under this section is not subject to Chapter 2001, Government Code.

(f) The commissioner may obtain advice concerning legal matters from the chief legal officer of the agency if the chief legal officer has not been involved in the proceedings.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 895, Sec. 2, eff. June 14, 2001.

Notes of Decisions
Cited in 46 cases (5 in the last 5 years), 1970–2025 · leading case: Presidio Indep. Sch. Dist. v. Scott, 309 S.W.3d 927 (Tex. 2010).
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Presidio Indep. Sch. Dist. v. Scott, 309 S.W.3d 927 (Tex. 2010). · cites it 2× “But the Commissioner reviews the school board’s decision “solely on the basis of the local record and may not consider any additional evidence or issue,” Tex. Educ.Code § 21.301(c), and he may not substitute his judgment “unless [the board’s] decision was arbitrary, capricious,…”
Texas Comm'r of Educ. & Mission Consol. Indep. Sch. Dist. v. Dr. Maria Solis, 562 S.W.3d 591 (Tex. App.—Austin 2018). · cites it 2× “Specifically, the ALJ stated in an order that “[t]he Petition for Review alleged jurisdiction under Texas Education Code section 21.301.[3] However, 2 It is undisputed that MCISD did not provide Solis notice pursuant to section 21.”
Montgomery Indep. Sch. Dist. v. Davis, 34 S.W.3d 559 (Tex. 2000). “See Tex. Educ.Code § 21.301(a). The commissioner did not issue a written decision, thereby affirming the Board’s decision by operation of law.”
Nairn v. Killeen Indep. Sch. Dist., 366 S.W.3d 229 (Tex. App.—El Paso 2012). “In the Conclusions of Law section of his Decision, the Commissioner determined that: (1) he had jurisdiction over the matter pursuant to Tex.Educ.Code Ann. § 21.301; (2) Nairn “failed to establish a causal connection between her report objecting to an incident of alleged sexual…”
Bd. of Trs. of Bastrop Indep. Sch. Dist. v. Toungate, 958 S.W.2d 365 (Tex. 1998). · cites it 2× “TEX. EDUC.CODE § 21.301(b)(2) (authorizing in-school suspension for "serious or persistent misbehavior").”
Gilder v. Meno, 926 S.W.2d 357 (Tex. App.—Austin 1996). · cites it 2× “See Tex. Educ.Code Ann. § 21.301(c) (West 1996).”
Tave v. Alanis, 109 S.W.3d 890 (Tex. App.—Dallas 2003). “See Tex. Educ.Code Ann. § 21.301(a) (Vernon Supp.”
Moses v. Fort Worth Indep. Sch. Dist., 977 S.W.2d 851 (Tex. App.—Fort Worth 1998). · cites it 2× “See Tex. Educ.Code Ann. § 21.301(a) (Vernon 1996).”
Fisher v. Burkburnett Indep. Sch. Dist., 419 F. Supp. 1200 (N.D. Tex. 1976). · cites it 2× “The plaintiff’s first argument is that the School Board exceeded its statutory authority 2 in suspending • her because Tex. Educ.Code Ann. § 21.301 (1972) authorizes only the suspension of “incorrigible” students.”
Toungate v. Bastrop Indep. Sch. Dist., 842 S.W.2d 823 (Tex. App.—Austin 1992). “This subsection prohibits an officer of a political subdivision from imposing an unreasonable burden on a person because of his sex. The District maintains that because in-school suspension is specifically permitted by statute, it does not impose an unreasonable burden.”
Whitaker v. Moses, 40 S.W.3d 176 (Tex. App.—Texarkana 2001). · cites it 2× “Tex. Educ.Code Ann. § 21.301, relied on by the commissioner in his decision, mandates that the commissioner restrict his review to evidence and issues appearing in the local record.”
Moses v. Dallas Indep. Sch. Dist., 12 S.W.3d 168 (Tex. App.—Dallas 2000). · cites it 2× “See Tex. Educ.Code Ann. § 21.301(b) (Vernon 1996).”
Show all 46 citing cases →
Tex. Educ. Code § 21.301(a): 9 cases
Montgomery Indep. Sch. Dist. v. Davis, 34 S.W.3d 559 (Tex. 2000). “See Tex. Educ.Code § 21.301(a). The commissioner did not issue a written decision, thereby affirming the Board’s decision by operation of law.”
Tave v. Alanis, 109 S.W.3d 890 (Tex. App.—Dallas 2003). “See Tex. Educ.Code Ann. § 21.301(a) (Vernon Supp.”
Texas Comm'r of Educ. & Mission Consol. Indep. Sch. Dist. v. Dr. Maria Solis, 562 S.W.3d 591 (Tex. App.—Austin 2018). “Specifically, the ALJ stated in an order that “[t]he Petition for Review alleged jurisdiction under Texas Education Code section 21.301.[3] However, 2 It is undisputed that MCISD did not provide Solis notice pursuant to section 21.”
TEXAS EDUC. v. Donna Indep. Sch. Dist., 221 S.W.3d 791 (Tex. App.—Corpus Christi 2007).
Moses v. Fort Worth Indep. Sch. Dist., 977 S.W.2d 851 (Tex. App.—Fort Worth 1998). “See Tex. Educ.Code Ann. § 21.301(a) (Vernon 1996).”
Tex. Educ. Code § 21.301(b): 2 cases
Moses v. Fort Worth Indep. Sch. Dist., 977 S.W.2d 851 (Tex. App.—Fort Worth 1998). “See Tex. Educ.Code Ann. § 21.301(a) (Vernon 1996).”
Moses v. Dallas Indep. Sch. Dist., 12 S.W.3d 168 (Tex. App.—Dallas 2000). “See Tex. Educ.Code Ann. § 21.301(b) (Vernon 1996).”
Tex. Educ. Code § 21.301(b)(2): 1 case
Bd. of Trs. of Bastrop Indep. Sch. Dist. v. Toungate, 958 S.W.2d 365 (Tex. 1998). “TEX. EDUC.CODE § 21.301(b)(2) (authorizing in-school suspension for "serious or persistent misbehavior").”
Tex. Educ. Code § 21.301(c): 8 cases
Presidio Indep. Sch. Dist. v. Scott, 309 S.W.3d 927 (Tex. 2010). “But the Commissioner reviews the school board’s decision “solely on the basis of the local record and may not consider any additional evidence or issue,” Tex. Educ.Code § 21.301(c), and he may not substitute his judgment “unless [the board’s] decision was arbitrary, capricious,…”
Gilder v. Meno, 926 S.W.2d 357 (Tex. App.—Austin 1996). “See Tex. Educ.Code Ann. § 21.301(c) (West 1996).”
Whitaker v. Moses, 40 S.W.3d 176 (Tex. App.—Texarkana 2001). “Tex. Educ.Code Ann. § 21.301, relied on by the commissioner in his decision, mandates that the commissioner restrict his review to evidence and issues appearing in the local record.”
Los Fresnos Consol. Indep. Sch. Dist. & Michael L. Williams v. Jorge Vazquez, No. 03-14-00629-CV (Tex. App.—Austin Jan. 16, 2015).
North East Indep. Sch. Dist. & Texas Comm'r of Educ. v. Dehann Riou, 598 S.W.3d 243 (Tex. 2020).
Tex. Educ. Code § 21.301(e): 2 cases
Moses v. Dallas Indep. Sch. Dist., 12 S.W.3d 168 (Tex. App.—Dallas 2000). “See Tex. Educ.Code Ann. § 21.301(b) (Vernon 1996).”
Los Fresnos Consol. Indep. Sch. Dist. & Michael L. Williams v. Jorge Vazquez, No. 03-14-00629-CV (Tex. App.—Austin Jan. 16, 2015).
Tex. Educ. Code § 21.301(g)(1): 2 cases
Toungate v. Bastrop Indep. Sch. Dist., 842 S.W.2d 823 (Tex. App.—Austin 1992). “This subsection prohibits an officer of a political subdivision from imposing an unreasonable burden on a person because of his sex. The District maintains that because in-school suspension is specifically permitted by statute, it does not impose an unreasonable burden.”
Bastrop Indep. Sch. Dist. Bd. of Trs. v. Toungate, 922 S.W.2d 650 (Tex. App.—Austin 1996).
Tex. Educ. Code § 21.301(n): 1 case
Fowler v. Szostek, 905 S.W.2d 336 (Tex. App.—Houston [1st Dist.] 1995).
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