The two sides debated whether Texas' decreased spending on children with disabilities years ago violated federal law.
On Wednesday, the two parties will argue their cases in front of the the Fifth Circuit Court of Appeals in New Orleans.
The federal investigation found that the TEA effectively capped the statewide percentage of students who could receive special education services.
Travis Early College High School in San Antonio ISD and Crestview Elementary School in Judson ISD were recognized for overall academic performance.
After an all-night talk-a-thon by Senate Democrats and two Republicans' decision to oppose confirmation, Vice President Pence cast the deciding vote.