The Courts
Texas First Court of Appeals (Houston)
Board Should not have Skipped a Step
Before Suspending Teacher without Pay
Ruling: The education commissioner correctly ruled that an ISD, in suspending a teacher without pay for “egregious conduct,” violated the teacher’s due process rights. Sheldon ISD v. Brandon Romero and [Education Commissioner] Mike Morath, No. 01-21-00023-CV. Issued July 14.
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Texas First Court of Appeals (Houston)
Charter not Liable Over Sexual Abuse
Of Students by School Counselor
Ruling: A charter school district is not liable for the sexual abuse of several female students by a school counselor. KIPP Texas Inc., D/B/A KIPP Texas Public Schools v. Doe, et al., No. 01-21-00368-CV. Issued June 30.
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Texas Fifth Court of Appeals (Dallas)
TASB-Linked Insurance Fund Loses Bid
To Quash ISD’s Breach of Contract Suit
Ruling: An ISD can continue to pursue a breach of contract claim against a self-insurance fund for governmental entities that refused to reimburse the district for a hail damage claim. Texas Association of School Boards Risk Management Fund v. Greenville ISD, No. 05-21-01012-CV. Issued July 19.
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Texas 13th Court of Appeals — Corpus Christi-Edinburg
ESC Wins Dismissal of Contractual Lawsuit
That Resulted from Injuries at a Conference
Ruling: The fact that education service centers are units of state government — and not local governments like ISDs — means that a breach of contract lawsuit against an ESC must be dismissed. Education Service Center Region 2 v. Global Spectrum, LP D/B/A, Spectra Venue Management and Nueces County, No. 13-21-00071-CV. Issued June 30.
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Two ISDs Lose Faulty Stadium Turf Appeals
Rulings: The manufacturer of an artificial turf product that failed long before its warranty period expired isn’t liable for decisions made by two ISDs to replace their failed fields at the districts’ own expense.
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