Commissioner’s Decision
Reassigned STEM Principal Loses Appeal
Ruling: An appeal by a former principal who claimed her reassignment from principal to assistant principal was based on her race and violated her U.S. constitutional rights is dismissed. Dr. Aja Gardner v. Southwest ISD, No. 07-R10-10-2020, signed Feb. 10 by Education Commissioner Mike Morath.
Gardner appealed the denial of her grievance — at the administrative and school board level — of the district’s decision to reassign her from a STEM high school principal to an assistant principal at the start of the 2020-21 school year.
Gardner claimed that the reassignment was based on her race and thus was a discriminatory act in violation of the U.S. Constitution. Gardner also accused the district of not following its official policies in denying her grievance over her reassignment.
The commissioner dismissed Gardner’s appeal on a finding he lacked jurisdiction to consider her appeal because: 1) her claims did not involve “the school laws of this state,” 2) school board policies are not “the school laws of this state,” and 3) she did not allege a violation of a written school contract that resulted in monetary harm.
The record reflects Gardner declined opportunities given her during the appeals process to present claims for which the commissioner has jurisdiction to decide.