19 Tex. Admin. Code § 66.10 - Procedures Governing Violations of Statutes - Official Complaints
(a) An official complaint alleging a
violation of the Texas Education Code (TEC), §31.151, or a rule implementing
that section, for an instructional material adopted by the State Board of
Education (SBOE) shall be filed with the commissioner of education. An official
complaint shall be made on a form prescribed by the commissioner of
education.
(b) The complaint form
shall require:
(1) a citation to the specific
provision under the TEC, §
31.151, or rule for
which a violation is alleged;
(2)
identification of the publisher or manufacturer responsible for the alleged
violation;
(3) facts showing that a
likely violation has occurred such as identification of the particular
instructional material and page number where each alleged error occurs;
and
(4) signature and contact
information of the person complaining of the alleged violation.
(c) If a complainant fails to
submit a properly completed complaint form after being given an opportunity to
make corrections, the allegations will not be reviewed by the commissioner of
education and will not be submitted to the SBOE.
(d) An allegation of a factual error in
instructional materials currently under consideration by the SBOE for adoption
may not be submitted as an official complaint but must be submitted to the SBOE
in accordance with relevant provisions in this chapter.
(e) After investigating an official complaint
or an allegation brought forward by the Texas Education Agency (TEA) staff, the
commissioner of education shall recommend to the SBOE in writing whether to
hold a hearing concerning an administrative penalty under the TEC, §
31.151.
(f) The commissioner of education shall
provide the recommendation to the complainant, if any; the publisher or
manufacturer accused of the alleged violation; and members of the
SBOE.
(g) If the SBOE receives a
recommendation under subsection (f) of this section, the SBOE chair may include
the item for consideration on a future SBOE agenda. If the item is placed on
the agenda, TEA staff will present the recommendation.
(h) Upon a vote by the SBOE that a hearing
shall be held to determine whether a penalty should be assessed, a hearing will
be heard before the State Office of Administrative Hearing in accordance with
Chapter 157 of this title (relating to Hearings and Appeals). The SBOE shall
request either the commissioner of education or the Attorney General to present
the case before the State Office of Administrative Hearings.
(i) If the parties before the State Office of
Administrative Hearings come to an agreement for settling the case, the issue
of whether the agreement should be accepted will be placed on a future SBOE
agenda.
Notes
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