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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 03-02-00652-CV; 03-02-00693-CV
Regular Panel Decision
Apr 03, 2003

in Re Marble Falls Independent School District

This case concerns a challenge to the Marble Falls Independent School District's mandatory extracurricular activity drug-testing policy. Eddie Shell, on behalf of his minor children, argued the policy infringed upon their religious freedom, privacy rights, and due process under the Texas Constitution, citing the consumption of wine for religious observances. The trial court initially granted a temporary injunction against the school district. However, the Texas Court of Appeals, Third District, reversed this decision, finding that Shell failed to establish a probable right to recover. The appellate court concluded that the drug-testing policy did not violate constitutional provisions regarding religious freedom, due process, or privacy, as it was a neutral, generally applicable law rationally related to legitimate state interests in student safety and health.

Drug TestingExtracurricular ActivitiesReligious FreedomPrivacy RightsDue ProcessTexas ConstitutionTemporary InjunctionAbuse of DiscretionSchool PolicyAppellate Review
References
26
Case No. 03-01-00491-CV
Regular Panel Decision
Apr 11, 2002

West Orange-Cove Consolidated Independent School District Coppell Independent School District La Porte Independent School District And Port Neches-Groves Independent School District v. Felipe Alanis, Texas Commissioner of Education The Texas Education Agency Carol Keeton Rylander, Texas Comptroller of Public Accounts And the Texas State Board of Education Alvarado I.S.D. Anthony I.S.D. Aubrey I.S.D. Bangs I.S.D.

Four Texas school districts, led by West Orange-Cove Consolidated Independent School District, appealed the dismissal of their action seeking a declaratory judgment that the state's school finance system is unconstitutional. The districts contended that the $1.50 tax cap had become a de facto floor, forcing them to tax at the maximum allowable rate to provide education, thereby constituting an unconstitutional state ad valorem tax. The appellate court affirmed the dismissal, ruling that the districts failed to state a viable cause of action because they did not allege they were forced to tax at the cap specifically to provide the constitutionally-mandated 'accredited education.' The court also found the claim unripe, emphasizing that the focus should be on whether the state's requirements forced a lack of meaningful discretion in setting tax rates for an accredited education, not on a desired level of education or the number of districts taxing at the cap.

School Finance ReformConstitutional ChallengeAd Valorem TaxationEducation FundingDeclaratory JudgmentAppellate JurisdictionRipeness DoctrineTexas Constitution Article VII, Section 1Texas Constitution Article VIII, Section 1-eProperty Tax Cap
References
30
Case No. MISSING
Regular Panel Decision

New York State Employment Relations Board v. Christ the King Regional High School

The New York State Employment Relations Board initiated a proceeding to enforce its order against Christ the King Regional High School, which mandated good-faith bargaining with the Lay Faculty Association and reinstatement of teachers. The School challenged this order on First Amendment grounds, specifically citing the Free Exercise and Establishment Clauses, arguing for an absolute exemption from the New York State Labor Relations Act. The Supreme Court and Appellate Division ruled in favor of the Board. The Court of Appeals affirmed these decisions, concluding that the Act, being a neutral and generally applicable regulatory measure, did not violate the First Amendment rights of the religious school in its labor relations with lay faculty. The court also upheld the reinstatement of teacher Gaglione, finding insufficient evidence of religious entanglement to preclude it.

First AmendmentFree Exercise ClauseEstablishment ClauseLabor LawCollective BargainingReligious SchoolsLay Faculty RightsEmployment DisputesJudicial ReviewAdministrative Order Enforcement
References
19
Case No. MISSING
Regular Panel Decision

Mount Sinai Union Free School District v. Board of Education Port Jefferson Public Schools

Mount Sinai and Port Jefferson School Districts had a long-standing contract for Mt. Sinai to send its high school students to Port Jefferson. Following a deterioration of relations and an increase in Mt. Sinai's student population, Mt. Sinai decided to build its own high school. New York Education Law § 3014-c was enacted, requiring sending districts to consider teachers from receiving districts as their own employees. Mt. Sinai challenged this statute, alleging various constitutional violations. The court dismissed claims by teacher, parent/student, and taxpayer plaintiffs for lack of standing, and then dismissed the remaining Contract Clause claim by Mt. Sinai, granting summary judgment to the defendants.

School DistrictsTeacher TenureEducation LawContract ClauseDue ProcessEqual ProtectionStandingAbstention DoctrineSummary JudgmentFederal Civil Procedure
References
17
Case No. 2-08-266-CV
Regular Panel Decision
Mar 05, 2009

Jane Doe, Individually and as Next Friend for Sally Doe, a Minor v. Texas Association of School Boards, Inc. and Texas Association of School Boards Risk Management Fund

Appellant Jane Doe, individually and as next friend for her daughter Sally Doe, a minor, appealed the trial court's order granting summary judgment motions of appellees Texas Association of School Boards, Inc. (TASB, Inc.) and Texas Association of School Boards Risk Management Fund (TASB RMF). The case originated from sexual assaults committed by a school bus driver, John Paul Emenhiser, against Sally Doe. Appellant later sued appellees seeking a declaration that Emenhiser was an insured under their coverage to the Denton Independent School District (DISD), which would obligate appellees to satisfy a $5,000,000 judgment appellant obtained against Emenhiser. The Court of Appeals affirmed the trial court's summary judgment, concluding that an indemnity clause in a prior settlement agreement between appellant and DISD precluded appellees' responsibility to pay the judgment, thereby rendering the coverage issue moot.

Sexual MisconductSummary JudgmentIndemnity AgreementThird-Party BeneficiaryContract InterpretationMinor's RightsQuasi-EstoppelAppellate ProcedureCoverage DisputeSchool Liability
References
39
Case No. 03-04-00744-CV
Regular Panel Decision
May 12, 2006

Greg Abbott, Attorney General of the State of Texas v. North East Independent School District and Dr. Richard A. Middleton, in His Official Capacity as Custodian of Public Records for North East Independent School District

This case addresses whether a memorandum from a school principal to a teacher, which outlines complaints and directs corrective actions, qualifies as a confidential "document evaluating the performance of a teacher" under Texas Education Code Ann. § 21.355. The Attorney General argued it was merely a reprimand and therefore not confidential, while the North East Independent School District (NEISD) contended it was an evaluation. The district court sided with NEISD, granting their motion for summary judgment. The Court of Appeals affirmed this decision, concluding that the memorandum's content, including the principal's judgment on performance issues, corrective directives, and provisions for further review, indeed constituted an evaluation, thereby making it confidential and exempt from public disclosure under the Texas Public Information Act.

Public Information ActTeacher Performance EvaluationConfidentialitySchool District RecordsSummary Judgment ReviewStatutory InterpretationGovernment TransparencyEducation CodeAppellate ReviewTexas Law
References
18
Case No. 03-97-00192-CV
Regular Panel Decision
Feb 05, 1998

Texas Property and Casualty Insurance Guaranty Association v. Texas Association of School Boards Workers' Compensation Self-Insurance Fund, Individually and on Behalf of the Independent School Districts of Aransas Pass, El Paso, Irving, Houston,and Hico

This case involves an appeal from the District Court of Travis County between the Texas Property and Casualty Insurance Guaranty Association (Appellant) and the Texas Association of School Boards Workers' Compensation Self-Insurance Fund, Individually and on Behalf of several Independent School Districts (Appellee). The parties jointly moved the Court of Appeals to vacate the trial court's judgment and render a judgment stating that the appellee should take nothing against the appellant. Citing precedent from *Starnes v. Chapman*, the Court noted that reversing the trial court's judgment effectively vacates it and aligns with their practice when rendering a new judgment. The Court granted the motion, reversed the trial court's judgment, and rendered judgment that the appellee take nothing against the appellant. The decision was rendered per curiam by Justices Powers, Kidd, and B. A. Smith.

Texas Court of AppealsJoint MotionVacate JudgmentRender JudgmentTake NothingWorkers' CompensationSelf-Insurance FundInsurance Guaranty AssociationAppellate PracticePer Curiam
References
1
Case No. MISSING
Regular Panel Decision

Doe v. TEXAS ASS'N OF SCHOOL BOARDS, INC.

This case involves appellant Jane Doe, individually and as next friend for her daughter Sally Doe, appealing a trial court's order granting summary judgment to the Texas Association of School Boards, Inc. (TASB, Inc.) and Texas Association of School Boards Risk Management Fund (TASB RMF). Sally Doe was sexually assaulted by a school bus driver, John Paul Emenhiser. Jane Doe initially sued Emenhiser, then added the Denton Independent School District (DISD) and subsequently appellees (TASB, Inc. and TASB RMF), who provided liability coverage to DISD. Appellant sought a declaration that Emenhiser was an insured under appellees' Sexual Misconduct Claims Endorsement, obligating them to defend him and satisfy any judgment. Appellees countered that no obligation existed due to an exclusion for criminal acts and asserted a counterclaim for contractual indemnity based on a settlement agreement between appellant and DISD. The appellate court affirmed the trial court's summary judgment, holding that the settlement agreement's indemnity provisions precluded appellees' responsibility to pay any judgment obtained against Emenhiser, thereby rendering the coverage issue moot as to appellant.

Summary JudgmentIndemnity AgreementThird-Party BeneficiaryContract InterpretationInsurance Coverage DisputeSexual MisconductMinor's RightsNext Friend RepresentationQuasi-EstoppelAppellate Review
References
35
Case No. 03-01-00491-CV
Regular Panel Decision
Apr 11, 2002

WEST ORANGE-COVE SCHOOL DIST. v. Alanis

Four school districts, led by West Orange-Cove, appealed the dismissal of their lawsuit challenging the constitutionality of the Texas school finance system. They contended that increasing education costs compelled them to levy taxes at the maximum allowable rate, thus transforming the local property tax into an unconstitutional state ad valorem tax. The Court of Appeals of Texas, Austin, affirmed the trial court's dismissal, ruling that the districts failed to sufficiently allege that they were forced to tax at the maximum rate to provide a constitutionally-mandated accredited education, as opposed to an enriched education they desired. The court also determined the claim was not ripe, emphasizing that the districts had not demonstrated a loss of meaningful discretion in setting tax rates concerning their state-imposed educational obligations.

School Finance ReformEducation Funding DisparitiesState Ad Valorem Tax ChallengeConstitutional Law (Texas)Judicial RestraintRipeness of ClaimsEducational AccountabilityLocal Taxing Authority DiscretionProperty Tax CapPublic School System
References
36
Case No. NO. 03-02-00652-CV & NO. 03-02-00693-CV
Regular Panel Decision
Apr 03, 2003

Marble Falls Independent School District v. Eddie G. Shell on Behalf of His Minor Children, Morgan Shell and Alex Shell

The Marble Falls Independent School District implemented a drug-testing policy for students participating in extracurricular activities, which was challenged by Eddie Shell on behalf of his children. Shell argued the policy violated their religious freedom, privacy, and due process rights under the Texas Constitution. The trial court initially granted a temporary injunction against the school district. However, the Texas Court of Appeals, Third District, reversed this decision, finding that Shell failed to demonstrate a probable right to recover. The appellate court concluded that the drug policy was neutral, rationally related to legitimate state interests in student health and safety, and involved only a minimal intrusion on privacy, thus dissolving the temporary injunction.

Drug testing policyExtracurricular activitiesReligious freedomPrivacy rightsDue processTexas ConstitutionTemporary injunctionSchool districtAppellate reviewAbuse of discretion
References
30
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