Commissioner’s Decision
Former Superintendent Loses Appeal
Over Voided $2 Million Severance Agreement
Ruling: The comimssioner lacks the authority to consider an appeal by an ex-superintendent who claimed his former school board improperly voided a $2 million severance pay agreement. Dr. Elijah Granger v. Lancaster ISD, No. 024-R10-01-2021. Signed Nov. 1 by Education Commissioner Mike Morath.

Background
Just before a school board election, LISD’s board voted to extend Granger’s superintendent contract for another five years on Oct. 29, 2020. The board chairman lost re-election.

Before the new board member could be sworn in, the board voted 4-3 to offer Granger a voluntary separation agreement whereby he would be paid $2,036,567.07 in severance, and that he would agree to be assigned the position of Superintendent Emeritus from Nov. 9, 2020, until Feb. 1, 2021. The board also voted, as a part of the separation agreement, to accept Granger’s resignation, effective Feb. 1, 2021.

But, on Nov. 23, 2020 — after the board’s makeup changed due to the school board election — the board voted to suspend Granger with pay.

And, on Dec. 15, 2020, the board voted to rescind the separation agreement and propose the termination of Granger’s contract.

The board never voted to terminate Granger’s contract because it was determined that the issue was moot.

Granger appealed to the commissioner on claims that the school board improperly violated the separation agreement and had improperly suspended him.

Failed to File a Grievance
The comimssioner, noting that he had never heard a dispute of this nature with similar facts, concluded the appeal must be dismissed because — based on state law and prior court decisions — he lacks the legal authority to hear the appeal due in large part to Granger’s failure to file a grievance with LISD, which would have resulted in a school board decision that could be appealed to the commissioner once the grievance process had ended.

The commissioner rejected Granger’s various arguments as to why he did not need to pursue a local grievance prior to appealing to the commissioner.