Texas Codes

Tex. Educ. Code § 7.057 (2026)

Appeals

✓ current as of May 2026

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Sec. 7.057. APPEALS. (a) Except as provided by Subsection (e), a person may appeal in writing to the commissioner if the person is aggrieved by:

(1) the school laws of this state; or

(2) actions or decisions of any school district board of trustees that violate:

(A) the school laws of this state; or

(B) a provision of a written employment contract between the school district and a school district employee, if a violation causes or would cause monetary harm to the employee.

(a-1) A person is not required to appeal to the commissioner before pursuing a remedy under a law outside of Title 1 or this title to which Title 1 or this title makes reference or with which Title 1 or this title requires compliance.

(b) Except as provided by Subsection (c), the commissioner after due notice to the parties interested shall, not later than the 180th day after the date an appeal under Subsection (a) is filed, hold a hearing and issue a decision without cost to the parties involved. In conducting a hearing under this subsection, the commissioner has the same authority relating to discovery and conduct of a hearing as a hearing examiner has under Subchapter F, Chapter 21. This section does not deprive any party of any legal remedy.

(c) In an appeal against a school district, the commissioner shall, not later than the 240th day after the date the appeal is filed, issue a decision based on a review of the record developed at the district level under a substantial evidence standard of review. The parties to the appeal may agree in writing to extend, by not more than 60 days, the date by which the commissioner must issue a decision under this subsection. A school district's disclosure of the record to the commissioner under this subsection is not an offense under Section 551.146, Government Code.

(d) A person aggrieved by an action of the agency or decision of the commissioner under this section may appeal to a district court in Travis County. An appeal must be made by serving the commissioner with citation issued and served in the manner provided by law for civil suits. The petition must state the action or decision from which the appeal is taken. At trial, the court shall determine all issues of law and fact, except as provided by Section 33.081(g).

(e) This section does not apply to:

(1) a case to which Subchapter G, Chapter 21, applies; or

(2) a student disciplinary action under Chapter 37.

(f) In this section:

(1) "Record" includes, at a minimum, an audible electronic recording or written transcript of all oral testimony or argument.

(2) "School laws of this state" means Title 1 and this title and rules adopted under those titles.

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

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1111 (H.B. 829), Sec. 1, eff. June 19, 2009.

Acts 2013, 83rd Leg., R.S., Ch. 371 (H.B. 2952), Sec. 1, eff. June 14, 2013.

Acts 2025, 89th Leg., 2nd C.S., Ch. 6 (H.B. 8), Sec. 3.001, eff. December 4, 2025.

Notes of Decisions

Cited in 177 cases (33 in the last 5 years), 1996–2026 · leading case: Clint Indep. Sch. Dist. v. Sonia Herrera Marquez, Claudia Garcia, & Alicia Gomez, for & on the Behalf of Their Minor Child., 487 S.W.3d 538 (Tex. 2016).

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Clint Indep. Sch. Dist. v. Sonia Herrera Marquez, Claudia Garcia, & Alicia Gomez, for & on the Behalf of Their Minor Child., 487 S.W.3d 538 (Tex. 2016). · cites it 8× “” Tex. Educ. Code § 7.057(a-l).. Relying on section 7.”

Smith v. Nelson, 53 S.W.3d 792 (Tex. App. 2001). · cites it 15× “See Tex. Educ.Code Ann. § 7.057 (West 1996). Prior to 1995, Smith would have been entitled to appeal any grievance to the Commissioner.”

Michael McIntyre & Laura McIntyre, Individually & on Behalf of Their Child., K.M., L.M., C.M., M.M., & L.M. v. El Paso Indep. Sch. Dist., Dr. Lorenzo Garcia, & Mark Mendoza, 499 S.W.3d 820 (Tex. 2016). · cites it 12× “Laws 3054 (codified at Tex Educ. Code § 7.057(a-l)). The parties do not address this provision.”

Texas Comm'r of Educ. & Mission Consol. Indep. Sch. Dist. v. Dr. Maria Solis, 562 S.W.3d 591 (Tex. App. 2018). · cites it 14× “Petitioner’s Texas Education Code section 7.057 claims should be dismissed for a failure to exhaust administrative remedies.”

Austin Indep. Sch. Dist. v. Lowery, 212 S.W.3d 827 (Tex. App. 2006). · cites it 6× “Tex. Educ.Code Ann. § 7.057(a) (West 2006).”

Jenkins v. Crosby Indep. Sch. Dist., 537 S.W.3d 142 (Tex. App. 2017). · cites it 4× “Agency, Hearings Brought Under Texas Education. Code, § 7.057). . See Tex.”

Waco Indep. Sch. Dist. v. Gibson, 22 S.W.3d 849 (Tex. 2000). · cites it 2× “WISD has not challenged that part of the judgment, and it is not before us.”

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× “” Tex. Educ.Code § 7.057(d). 24 . See Act of July 2, 2009, 81st Leg.”

Ollie, Dorothy v. Plano Indep. Sch. Dist., 383 S.W.3d 783 (Tex. App. 2012). · cites it 3× “Tex. Educ. Code Ann. § 7.057 (a)(2)(B) (West Supp.”

Jones v. Clarksville Indep. Sch. Dist., 46 S.W.3d 467 (Tex. App. 2001). · cites it 2× “Tex. Educ.Code Ann. § 7.057 (Vernon 1996) provides: (a) Except as provided by Subsection (e), [1] a person may appeal in writing to the commissioner if the person is aggrieved by: (1) the school laws of this state; or (2) actions or decisions of any school district board of…”

Gibson v. Waco Indep. Sch. Dist., 971 S.W.2d 199 (Tex. App. 1998). · cites it 3× “Laws 6 , 10 (repealed 1995) (current version at Tex. EduC.Code Ann. § 7.057(a) (Vernon 1996)).”

Gutierrez v. Laredo Indep. Sch. Dist., 139 S.W.3d 363 (Tex. App. 2004). · cites it 2× “); see also Tex. Educ. Code Ann. § 7.057 (Vernon 1996 & Supp.”

Show all 177 citing cases →

— Tex. Educ. Code § 7.057(a) — 39 cases

Clint Indep. Sch. Dist. v. Sonia Herrera Marquez, Claudia Garcia, & Alicia Gomez, for & on the Behalf of Their Minor Child., 487 S.W.3d 538 (Tex. 2016). “” Tex. Educ. Code § 7.057(a-l).. Relying on section 7.”

Austin Indep. Sch. Dist. v. Lowery, 212 S.W.3d 827 (Tex. App. 2006). “Tex. Educ.Code Ann. § 7.057(a) (West 2006).”

Michael McIntyre & Laura McIntyre, Individually & on Behalf of Their Child., K.M., L.M., C.M., M.M., & L.M. v. El Paso Indep. Sch. Dist., Dr. Lorenzo Garcia, & Mark Mendoza, 499 S.W.3d 820 (Tex. 2016). “Laws 3054 (codified at Tex Educ. Code § 7.057(a-l)). The parties do not address this provision.”

Smith v. Nelson, 53 S.W.3d 792 (Tex. App. 2001). “See Tex. Educ.Code Ann. § 7.057 (West 1996). Prior to 1995, Smith would have been entitled to appeal any grievance to the Commissioner.”

Jenkins v. Crosby Indep. Sch. Dist., 537 S.W.3d 142 (Tex. App. 2017). “Agency, Hearings Brought Under Texas Education. Code, § 7.057). . See Tex.”

— Tex. Educ. Code § 7.057(a)(1) — 6 cases

Michael McIntyre & Laura McIntyre, Individually & on Behalf of Their Child., K.M., L.M., C.M., M.M., & L.M. v. El Paso Indep. Sch. Dist., Dr. Lorenzo Garcia, & Mark Mendoza, 499 S.W.3d 820 (Tex. 2016). “Laws 3054 (codified at Tex Educ. Code § 7.057(a-l)). The parties do not address this provision.”

Friona Indep. Sch. Dist. v. King, 15 S.W.3d 653 (Tex. App. 2000).

Sonia Herrera Marquez, Claudia Garcia & Alicia Gomez, for & on Behalf of Their Minor Child. v. Clint Indep. Sch. Dist., 445 S.W.3d 450 (Tex. App. 2014).

Van Indep. Sch. Dist. v. Scott A. McCarty, 162 S.W.3d 254 (Tex. App. 2003).

Webb Consol. Indep. Sch. Dist. v. Robert Marshall & Amy Marshall (Tex. App. 2023).

— Tex. Educ. Code § 7.057(a)(2) — 5 cases

Texas Comm'r of Educ. & Mission Consol. Indep. Sch. Dist. v. Dr. Maria Solis, 562 S.W.3d 591 (Tex. App. 2018). “Petitioner’s Texas Education Code section 7.057 claims should be dismissed for a failure to exhaust administrative remedies.”

Gibson v. Waco Indep. Sch. Dist., 971 S.W.2d 199 (Tex. App. 1998). “Laws 6 , 10 (repealed 1995) (current version at Tex. EduC.Code Ann. § 7.057(a) (Vernon 1996)).”

Hermenia Jenkins v. Crosby Indep. Sch. Dist. & Michael L. Williams in His Off. Capacity as State Comm'r of Educ. (Tex. App. 2015).

Elijah Granger, Ed.D v. Mike Morath, in His Capacity as Comm'r of Educ., & Lancaster Indep. Sch. Dist. (Tex. App. 2024).

Mike Morath, in His Off. Capacity as Texas Comm'r of Educ. & La Villa Indep. Sch. Dist. v. Dr. Paz Elizondo (Tex. App. 2025).

— Tex. Educ. Code § 7.057(a)(2)(A) — 15 cases

Gibson v. Waco Indep. Sch. Dist., 971 S.W.2d 199 (Tex. App. 1998). “Laws 6 , 10 (repealed 1995) (current version at Tex. EduC.Code Ann. § 7.057(a) (Vernon 1996)).”

Hermenia Jenkins v. Crosby Indep. Sch. Dist. & Michael L. Williams in His Off. Capacity as State Comm'r of Educ. (Tex. App. 2015).

— Tex. Educ. Code § 7.057(a)(2)(B) — 15 cases

Smith v. Nelson, 53 S.W.3d 792 (Tex. App. 2001). “See Tex. Educ.Code Ann. § 7.057 (West 1996). Prior to 1995, Smith would have been entitled to appeal any grievance to the Commissioner.”

Godley Indep. Sch. Dist. v. Woods, 21 S.W.3d 656 (Tex. App. 2000).

Canutillo Indep. Sch. Dist. v. Yusuf Elias Farran, 409 S.W.3d 653 (Tex. 2013).

Azleway Charter Sch. v. Hogue, 515 S.W.3d 359 (Tex. App. 2016).

Hermenia Jenkins v. Crosby Indep. Sch. Dist. & Michael L. Williams in His Off. Capacity as State Comm'r of Educ. (Tex. App. 2015).

— Tex. Educ. Code § 7.057(a)(2)(a) — 1 case

Jenkins v. Crosby Indep. Sch. Dist., 537 S.W.3d 142 (Tex. App. 2017). “Agency, Hearings Brought Under Texas Education. Code, § 7.057). . See Tex.”

— Tex. Educ. Code § 7.057(b) — 5 cases

Michael McIntyre & Laura McIntyre, Individually & on Behalf of Their Child., K.M., L.M., C.M., M.M., & L.M. v. El Paso Indep. Sch. Dist., Dr. Lorenzo Garcia, & Mark Mendoza, 499 S.W.3d 820 (Tex. 2016). “Laws 3054 (codified at Tex Educ. Code § 7.057(a-l)). The parties do not address this provision.”

Mike Morath, Comm'r of Educ. for the State of Texas Bellpas, Inc. & Copperas Cove Indep. Sch. Dist. v. Lampasas Indep. Sch. Dist. (Tex. 2024).

Mike Morath in His Off. Capacity as the Comm'r of Educ. v. Kingsville Indep. Sch. Dist. (Tex. App. 2025).

— Tex. Educ. Code § 7.057(c) — 8 cases

Amaral-Whittenberg v. Alanis, 123 S.W.3d 714 (Tex. App. 2003).

Marble Falls Indep. Sch. Dist. v. Scott, 275 S.W.3d 558 (Tex. App. 2008).

Hermenia Jenkins v. Crosby Indep. Sch. Dist. & Michael L. Williams in His Off. Capacity as State Comm'r of Educ. (Tex. App. 2015).

Marble Falls Indepen. Sch. Dist. v. Scott, 275 S.W.3d 558 (Tex. App. 2009).

— Tex. Educ. Code § 7.057(d) — 30 cases

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). “” Tex. Educ.Code § 7.057(d). 24 . See Act of July 2, 2009, 81st Leg.”

Smith v. Nelson, 53 S.W.3d 792 (Tex. App. 2001). “See Tex. Educ.Code Ann. § 7.057 (West 1996). Prior to 1995, Smith would have been entitled to appeal any grievance to the Commissioner.”

Jenkins v. Crosby Indep. Sch. Dist., 537 S.W.3d 142 (Tex. App. 2017). “Agency, Hearings Brought Under Texas Education. Code, § 7.057). . See Tex.”

Poole v. Karnack Indep. Sch. Dist., 344 S.W.3d 440 (Tex. App. 2011).

Robert Scott, Comm'r of Educ. v. Alphonso Crutch Life Support Ctr., 392 S.W.3d 132 (Tex. App. 2009).

— Tex. Educ. Code § 7.057(e)(1) — 1 case

O'Neal v. Ector Cnty. Indep. Sch. Dist., 251 S.W.3d 50 (Tex. 2008).

— Tex. Educ. Code § 7.057(e)(2) — 1 case

Bastrop Indep. Sch. Dist. Bd. of Trs. v. Toungate, 922 S.W.2d 650 (Tex. App. 1996).

— Tex. Educ. Code § 7.057(f)(2) — 11 cases

Michael McIntyre & Laura McIntyre, Individually & on Behalf of Their Child., K.M., L.M., C.M., M.M., & L.M. v. El Paso Indep. Sch. Dist., Dr. Lorenzo Garcia, & Mark Mendoza, 499 S.W.3d 820 (Tex. 2016). “Laws 3054 (codified at Tex Educ. Code § 7.057(a-l)). The parties do not address this provision.”

Larsen v. Santa Fe Indep. Sch. Dist., 296 S.W.3d 118 (Tex. App. 2009).

Friona Indep. Sch. Dist. v. King, 15 S.W.3d 653 (Tex. App. 2000).

El Paso Indep. Sch. Dist. v. McIntyre, 457 S.W.3d 475 (Tex. App. 2014).

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