Texas Codes

Tex. Educ. Code § 39.151 (2026)

Review By Commissioner: Accountability Determination

✓ current as of May 2026

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Sec. 39.151. REVIEW BY COMMISSIONER: ACCOUNTABILITY DETERMINATION. (a) The commissioner by rule shall provide a process for a school district or open-enrollment charter school to challenge an agency decision made under this chapter relating to an academic or financial accountability rating that affects the district or school, including a determination of consecutive school years of unacceptable performance ratings.

(b) The rules under Subsection (a) must provide for the commissioner to appoint a committee to make recommendations to the commissioner on a challenge made to an agency decision relating to an academic performance rating or determination, including a determination of consecutive school years of unacceptable performance ratings, or financial accountability rating. The commissioner may not appoint an agency employee as a member of the committee.

(c) The commissioner may limit a challenge under this section to a written submission of any issue identified by the school district or open-enrollment charter school challenging the agency decision.

(d) The commissioner shall make a final decision under this section after considering the recommendation of the committee described by Subsection (b). The commissioner's decision may not be appealed under Section 7.057 or other law.

(e) A school district or open-enrollment charter school may not challenge on any basis, including a lack of commissioner or agency authority, an agency decision relating to an academic or financial accountability rating under this chapter, including a decision relating to a determination of consecutive school years of unacceptable performance ratings, in another proceeding unless the district or school has exhausted the district's or school's remedies under this section.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 59, eff. June 19, 2009.

Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 2.09, eff. September 1, 2021.

Acts 2025, 89th Leg., 2nd C.S., Ch. 6 (H.B. 8), Sec. 3.005, eff. December 4, 2025.

SUBCHAPTER G. DISTINCTION DESIGNATIONS

Notes of Decisions

Cited in 7 cases (3 in the last 5 years), 2015–2025 · leading case: Honors Acad., Inc. v. Tex. Educ. Agency, 555 S.W.3d 54 (Tex. 2018).

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Honors Acad., Inc. v. Tex. Educ. Agency, 555 S.W.3d 54 (Tex. 2018). · cites it 5× “Laws 2357 , 2402 (codified *72 at TEX. EDUC. CODE § 39.151 ); see also 19 Tex.”

Texas Educ. Agency & Mike Morath, Comm'r of Educ., in His Off. Capacity v. Am. Youthworks, Inc., D/B/A Am. Youthworks Charter Sch. Honors Academy, Inc., D/B/A Honors Academy & Azleway Inc., D/B/A Azleway Charter Sch., 496 S.W.3d 244 (Tex. App. 2016). · cites it 2× “See Tex. Educ.Code § 39.151. 129 . See Tex. Educ.”

the Texas Educ. Agency & Mike Morath, Comm'r of Educ., in His Off. Capacity v. Academy of Careers & Tech., Inc. D/B/A Academy of Careers & Tech. Charter Sch. (Tex. App. 2015). · cites it 22× “7 TEX. EDUC. CODE §39.151 .................”

Mike Morath in His Off. Capacity as the Comm'r of Educ. v. Kingsville ISD (Tex. App. 2024). · cites it 4× “City of Brownsville, 662 S.W.3d 860 , 869 (Tex.”

the Texas Educ. Agency Mike Morath, Comm'r of Educ. in His Off. Capacity & Doris Delaney, in Her Off. Capacity v. Houston Indep. Sch. Dist. (Tex. App. 2020). “151 provides procedures for challenging Commissioner decisions “relating to an academic or financial accountability rating,” Tex. Educ. Code § 39.151(a), and provides that such decisions, once final, may not be challenged or appealed, id.”

Mike Morath in His Off. Capacity as the Comm'r of Educ. v. Kingsville ISD (Tex. App. 2024). “” Tex. Educ. Code § 39.151(a) (emphasis added).”

Mike Morath in His Off. Capacity as the Comm'r of Educ. v. Kingsville Indep. Sch. Dist. (Tex. App. 2025). “LAWS 2357, 2402 (codified at TEX. EDUC. CODE § 39.151); see also 19 TEX.”

— Tex. Educ. Code § 39.151(a) — 4 cases

Honors Acad., Inc. v. Tex. Educ. Agency, 555 S.W.3d 54 (Tex. 2018). “Laws 2357 , 2402 (codified *72 at TEX. EDUC. CODE § 39.151 ); see also 19 Tex.”

Texas Educ. Agency & Mike Morath, Comm'r of Educ., in His Off. Capacity v. Am. Youthworks, Inc., D/B/A Am. Youthworks Charter Sch. Honors Academy, Inc., D/B/A Honors Academy & Azleway Inc., D/B/A Azleway Charter Sch., 496 S.W.3d 244 (Tex. App. 2016). “See Tex. Educ.Code § 39.151. 129 . See Tex. Educ.”

Mike Morath in His Off. Capacity as the Comm'r of Educ. v. Kingsville ISD (Tex. App. 2024). “” Tex. Educ. Code § 39.151(a) (emphasis added).”

— Tex. Educ. Code § 39.151(b) — 2 cases

Honors Acad., Inc. v. Tex. Educ. Agency, 555 S.W.3d 54 (Tex. 2018). “Laws 2357 , 2402 (codified *72 at TEX. EDUC. CODE § 39.151 ); see also 19 Tex.”

the Texas Educ. Agency & Mike Morath, Comm'r of Educ., in His Off. Capacity v. Academy of Careers & Tech., Inc. D/B/A Academy of Careers & Tech. Charter Sch. (Tex. App. 2015). “7 TEX. EDUC. CODE §39.151 .................”

— Tex. Educ. Code § 39.151(d) — 2 cases

Honors Acad., Inc. v. Tex. Educ. Agency, 555 S.W.3d 54 (Tex. 2018). “Laws 2357 , 2402 (codified *72 at TEX. EDUC. CODE § 39.151 ); see also 19 Tex.”

— Tex. Educ. Code § 39.151(e) — 2 cases

Mike Morath in His Off. Capacity as the Comm'r of Educ. v. Kingsville ISD (Tex. App. 2024). “City of Brownsville, 662 S.W.3d 860 , 869 (Tex.”

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