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

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

Volpe v. New York City Department of Education

Cheryl Volpe, a special education teacher, sued the New York City Department of Education and Principal Olivia Francis-Webber, alleging retaliation, equal protection violations, and unlawful searches stemming from her advocacy for special needs students. The defendants filed a motion to dismiss, which the court partially granted and partially denied. The court dismissed Volpe's Fourth Amendment and equal protection claims, finding no protected class or unreasonable search. However, the court allowed her Rehabilitation Act and ADA retaliation claim to proceed, specifically regarding an incident on December 18, 2013, where she was confined after attempting to speak with a student's parent.

Special Education TeacherWorkplace RetaliationDisability DiscriminationADA Title IIRehabilitation ActPublic School SystemMotion to DismissHostile Work EnvironmentFourth Amendment ViolationEqual Protection Claim
References
68
Case No. MISSING
Regular Panel Decision
Apr 07, 2014

B.K. v. New York City Department of Education

G.K., a child diagnosed with Autism Spectrum Disorder, faced educational challenges for the 2011-2012 school year. His parents, B.K. and Y.K., initiated legal action against the New York City Department of Education, alleging that the Department failed to provide G.K. with a free and appropriate public education (FAPE) as mandated by the Individuals with Disabilities Education Improvement Act (IDEIA). The parents sought tuition reimbursement for G.K.'s private special education program and direct funding for home-based therapy, appealing an administrative decision that had previously denied their claims. The Department subsequently filed a cross-motion for summary judgment. The District Court, after conducting an independent review of the administrative record and giving due weight to the state administrative proceedings, denied the plaintiffs' motion for summary judgment and granted the Department's cross-motion, concluding that the May 2011 Individualized Education Program (IEP) proposed by the Department was procedurally and substantively adequate.

Individualized Education ProgramFree Appropriate Public EducationIndividuals with Disabilities Education ActAutism Spectrum DisorderSpecial EducationTuition ReimbursementDue Process HearingBehavioral Intervention PlanFunctional Behavioral AssessmentParental Participation
References
46
Case No. MISSING
Regular Panel Decision
Feb 22, 1982

In re the Arbitration between Board of Education of Connetquot Central School District & Connetquot Teachers Ass'n

This dissenting opinion argues for affirming a Special Term's order directing a board of education to arbitrate a grievance filed by a teachers union. The union's claim involves continued use of office space in school district buildings, citing a collective bargaining agreement and past practice. The dissent contends that the arbitration clause is broad and encompasses the dispute, rejecting the employer's argument that law or public policy (specifically Education Law § 414 or Civil Service Law § 209-a) prohibits arbitration of this grievance. Justice O'Connor asserts that the union's use of office space for its statutory duties as a collective bargaining agent serves a "school purpose," similar to administrative and support services, and thus is not excluded by Education Law § 414. The dissent concludes that the order compelling arbitration should be affirmed.

ArbitrationCollective Bargaining AgreementGrievanceTeachers UnionBoard of EducationOffice SpaceSchool PropertyEducation LawCivil Service LawPublic Employment Relations Board
References
15
Case No. M2005-02719-COA-R3-CV
Regular Panel Decision
Jun 30, 2010

Wilson County Board of Education v. Wilson County Education Association and Steve Johnson

An assistant principal, Steve Johnson, was transferred to a teaching position by the Wilson County Board of Education. He, along with the Wilson County Education Association, grieved the transfer under a locally negotiated agreement. After the grievance was denied through internal steps, they sought to compel arbitration in the Chancery Court for Wilson County. The trial court granted summary judgment to the Board, concluding that assistant principals are statutorily similar to principals, giving the director of schools unrestrained authority to transfer them. On appeal, the Court of Appeals of Tennessee at Nashville affirmed the trial court's judgment, but on different grounds. The appellate court held that despite the agreement mentioning "binding arbitration," it also stated that the arbitrator "may recommend" remedies, creating an inconsistency that prevented a "meeting of the minds" on the final resolution procedure, thus rendering the arbitration agreement unenforceable.

Education Professional Negotiations ActGrievance ProcedureArbitration AgreementMeeting of the MindsContract InterpretationTeacher TransferAssistant PrincipalStatutory AuthoritySchool Board PowersBinding vs. Advisory Arbitration
References
29
Case No. MISSING
Regular Panel Decision

F.O. ex rel. O. v. New York City Department of Education

Plaintiffs F.O. and E.O., on behalf of their minor child Brendan O., sued the New York City Department of Education under the IDEA and New York State Education Law. They sought to reverse a State Review Officer (SRO) decision that had overturned an Impartial Hearing Officer (IHO) decision, which ordered the DOE to reimburse tuition for Brendan's private school placement at the Rebecca School for the 2010-2011 school year. Brendan, diagnosed with Myasthenia Gravis and Autism, required special education services, and the dispute centered on the adequacy of the DOE's proposed IEP (a 12:1:4 classroom) versus the Rebecca School's program. The District Court granted the plaintiffs' motion for summary judgment regarding tuition reimbursement, finding the SRO's decision inadequately reasoned and deferring to the IHO's conclusion that the DOE's IEP was inappropriate and the Rebecca School was an appropriate unilateral placement. The court ordered the DOE to reimburse $92,100 for Brendan's tuition but denied the plaintiffs' request for declaratory relief concerning a 1:1 health paraprofessional on procedural grounds.

Individuals with Disabilities Education ActSpecial EducationFree Appropriate Public EducationIndividualized Educational ProgramTuition ReimbursementAutism Spectrum DisorderMyasthenia GravisImpartial Hearing OfficerState Review OfficerUnilateral Private Placement
References
41
Case No. MISSING
Regular Panel Decision

Deichman v. Board of Education

Petitioners, tenured school social workers, were terminated by respondent school district in July 1977, subject to preferred eligibility under Education Law § 2585(4). In September 1977, respondent Rivera, a non-tenured, less senior individual, was hired as a temporary school social worker because she spoke Spanish and qualified under a reclassification plan. Respondents argued the reclassification created a special tenure area, negating petitioners' preferred eligibility. The court ruled that local school boards cannot create special tenure areas without authorization from the Commissioner of Education or the Legislature, and the Buffalo School District was not authorized. The power to license teachers does not equate to the authority to establish special tenure areas. Therefore, petitioners are entitled to preferred eligibility and appointment based on seniority, with removal only permissible under Education Law § 3020-a if unqualified.

Tenure AreaSchool Social WorkersPreferred EligibilitySeniority RightsTeacher LicensingReclassification PlanBuffalo School DistrictAppellate ReviewEmployment TerminationStatutory Interpretation
References
6
Case No. Nos. 03-14-00283-CV and 03-14-00360-CV
Regular Panel Decision

Texas Education Agency and Mike Morath, Commissioner of Education, in His Official Capacity v. American Youthworks, Inc., D/B/A American Youthworks Charter School Honors Academy, Inc., D/B/A Honors Academy And Azleway Inc., D/B/A Azleway Charter School

This case involves an appeal by the Texas Education Agency (TEA) and Commissioner of Education Mike Morath against temporary injunctions granted to three charter holders: American YouthWorks, Inc., Honors Academy, Inc., and Azleway, Inc. The charter holders sued after the Commissioner initiated charter revocation proceedings under new 2013 legislation targeting underperforming open-enrollment charter schools. The district court had temporarily enjoined further revocation actions. The appellate court examined whether the charter holders' claims, including constitutional and ultra vires assertions, could overcome sovereign immunity and invoke the district court's inherent jurisdiction, given statutory prohibitions on judicial review. The court ultimately concluded that the pleadings did not sufficiently invoke such inherent jurisdiction, and thus, the claims were barred by sovereign immunity, leading to the vacating of the injunctions and dismissal of the suits.

Education LawCharter SchoolsCharter RevocationAdministrative LawJudicial ReviewSovereign ImmunitySubject-Matter JurisdictionTemporary InjunctionsDeclaratory ReliefUltra Vires Claims
References
71
Case No. MISSING
Regular Panel Decision
Jan 21, 1982

Parochial Bus Systems, Inc. v. Board of Education

Parochial Bus Systems, Inc. (Parochial) contracted with the Board of Education of the City of New York (Board) to transport students. During a wildcat strike, Parochial ceased services, citing safety concerns due to violence and picketing. The Board, however, maintained that Parochial could have provided service with police protection and found alternative transportation. Parochial sought payment under a "Cessation of Service" clause, which the Board denied, also raising an affirmative defense regarding non-compliance with Education Law § 3813. The Special Term initially dismissed the defense and denied summary judgment, but the appellate court modified this, finding that Parochial did not substantially comply with its contractual obligations to "attempt" service, despite police protection offers. Ultimately, the court granted the Board's motion, dismissing both Parochial's and co-plaintiff Local 100's complaints.

Contract DisputeTransportation ServicesWildcat StrikeBreach of ContractEducation LawNotice of ClaimSubstantial ComplianceSummary JudgmentImpossibility of PerformancePicket Line
References
5
Case No. 2019 NY Slip Op 01729
Regular Panel Decision
Mar 12, 2019

Matter of James v. Fariña

This case involves an appeal concerning a summary inquiry application initiated by the Public Advocate of New York City, Letitia James, against Carmen Fariña, Chancellor of the NYC Department of Education (DOE). The inquiry focused on the Special Education Student Information System (SESIS), a software designed to manage special education records and facilitate Medicaid reimbursement. Petitioner alleged that SESIS was an "abject failure" due to administrative inefficiencies, leading to lost Medicaid reimbursements and a failure to provide mandated services to children with disabilities. The Supreme Court initially granted the summary inquiry. However, the Appellate Division reversed this decision, asserting that the alleged administrative mismanagement did not constitute a "violation or neglect of duty" under NY City Charter § 1109, which they interpreted to require allegations of "official misconduct" or corruption, rather than mere inefficiency. The court further noted that the issue had already received significant public attention, and remediation efforts by the DOE were underway. A dissenting opinion argued for a broader interpretation of "neglect of duty" and maintained that a summary inquiry was justified given the severe impact on special education students and public funds.

Special EducationEducation PolicyAdministrative LawJudicial ReviewPublic AdvocateDepartment of EducationMedicaid ReimbursementSoftware Systems (SESIS)Official MisconductNeglect of Duty
References
44
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