Central Education Agency v. Upshur County Commissioners Court

I dissent. I would hold that the Commissioner of Education may exercise trial de novo review in this appeal taken under TEX. EDUC. CODE ANN. § 11.13(a).

It is clear under Texas law that the substantial evidence rule does not apply in appeals taken from one administrative agency to another. Lorena I.S.D. v. Rosenthal Com. Sch. Dist., 421 S.W.2d 491, 493 (Tex. Civ. App.—Waco 1967 writ ref'd n.r.e.) and authorities cited. See also, Temple I.S.D. v. State Board of Education, 493 S.W.2d 543, 544 (Tex. Civ. App.—Austin, 1973 no writ). The court in Canutillo I.S.D. v. Anthony I.S.D., 442 S.W.2d 916,…