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

Case No. 03-98-00598-CV
Regular Panel Decision
Jul 15, 1999

Hazel Simpson, Individually and as Next Friend of Her Minor Son Brandon Simpson v. State of Texas Texas Youth Commission Giddings State School Steve Robinson, Individually and as Executive Director of the Texas Youth Commission and Stan Degerolami as Superintendent of Giddings State School And Sandra Burnham, Individually

Hazel Simpson, individually and as next friend of her son Brandon Simpson, appealed a summary judgment granted in favor of the appellees. Simpson had sued for common-law damages after being sexually assaulted by a student while teaching at Giddings State School, having previously received workers' compensation benefits. Her suit alleged negligence and intentional acts/omissions by appellees for failing to ensure her safety. The trial court barred her claim under Texas Labor Code section 408.001, finding workers' compensation as the exclusive remedy. The Court of Appeals affirmed, concluding that Simpson's allegations did not constitute intentional conduct under the "substantial certainty" test, thus her claims and her son's derivative loss of consortium claim were barred.

Workers' CompensationExclusive RemedyIntentional TortSummary JudgmentNegligenceSexual Assault (workplace)Loss of ConsortiumTexas Labor CodeSafe WorkplaceSubstantial Certainty Test
References
10
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. M2022-01719-COA-R3-CV
Regular Panel Decision
Apr 18, 2024

Parents' Choice Tennessee v. Jason Golden, in his Official Capacity as Superintendent of Williamson County Schools

This appeal arose from a lawsuit brought by parents and an education-focused parents’ rights organization against the Williamson County Board of Education. They challenged the Board's Wit & Wisdom curriculum, asserting it violated Tennessee laws restricting Common Core instructional materials and prohibiting certain concepts in public schools. The trial court dismissed the suit, citing the plaintiffs' lack of standing and failure to exhaust administrative remedies for one claim. On appeal, the Court of Appeals affirmed the dismissal of claims by a family who had left the school system and upheld the dismissal of the prohibited concepts claim for failure to exhaust administrative remedies. However, the appellate court reversed the trial court's finding of lack of standing for other plaintiff families and the parents' rights organization, and it also reversed the dismissal of the Common Core claim, remanding that part of the case for further proceedings.

Education LawSchool CurriculumCommon Core StandardsProhibited ConceptsStanding LawAdministrative Remedies ExhaustionJudicial ReviewDeclaratory ReliefInjunctive ReliefTennessee Court of Appeals
References
60
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. MISSING
Regular Panel Decision

Wilson v. Dallas Independent School District

Stephen Wilson, a former teacher for Dallas Independent School District (DISD), appealed the trial court's judgment which granted DISD’s plea to the jurisdiction and motion for summary judgment, dismissing Wilson’s Whistleblower Act cause of action. Wilson alleged he was coerced by assistant principals into illegally changing a student athlete's grade to maintain the student’s eligibility for extracurricular activities, a violation of the 'no pass, no play' rule and other statutes. He reported these alleged violations to school board members, an area superintendent, DISD’s Office of Professional Responsibility, the District Attorney’s office, and the University Interscholastic League. Following his reports, Wilson claims his class was eliminated, he was reprimanded, received a negative performance evaluation, and was denied interviews at other DISD schools, leading to a lower-paying position in another district. The appellate court affirmed the trial court’s judgment, concluding that Wilson failed to report a violation of law as defined by the Whistleblower Act because his reports did not assert the student actually participated in extracurricular activities while ineligible, and his arguments regarding other statutes were not properly preserved for appeal in the trial court.

Whistleblower Protection ActGovernmental ImmunityPublic EmployeeGrade TamperingExtracurricular EligibilityNo Pass No Play RuleTexas Education CodeTexas Penal CodeSubject Matter JurisdictionAppellate Review
References
17
Case No. MISSING
Regular Panel Decision

La Villa Independent School District v. Gomez Garza Design, Inc.

La Villa Independent School District appealed a judgment in favor of Gomez Garza Design, Inc. for breach of contract. The case stemmed from a 1995 agreement for architectural services, where a dispute arose when La Villa hired another firm for a new elementary school project after Garza Design had commenced preliminary work under the existing contract. The trial court's judgment, based on a jury finding, awarded Garza Design $52,850.00. The appellate court affirmed the decision, ruling that sufficient evidence supported the jury's conclusions regarding the existence of a valid contract, the superintendent's authority to bind the school district, and the calculation of damages. The court also determined that the contract did not violate the Professional Services Procurement Act.

Breach of contractArchitectural servicesSchool districtSuperintendent authorityContract validityProfessional Services Procurement ActDamagesJury findingsJudgment notwithstanding the verdict (JNOV)Estoppel
References
24
Case No. H-12-0675
Regular Panel Decision
Apr 29, 2015

Jackie Anderson, Patrick Cockerham, Diann Banks, Herbert Lenton, and Mable Caleb v. Terry Grier, Superintendent of the Houston Independent School District

Plaintiff Mable Caleb, a former principal, initiated a civil action against Dr. Terry Grier, Superintendent, and the Houston Independent School District, alleging First Amendment retaliation and liberty interest due process violations. The case stemmed from an investigation into alleged improprieties at Key Middle School and Kashmere High School, leading to Caleb's termination. Earlier proceedings dismissed claims of co-plaintiffs and some of Caleb's initial claims. In this final district court decision, the court granted summary judgment in favor of the defendants. It found that Caleb failed to provide sufficient evidence that her protected speech was the motivating factor for her termination, and the defendants presented legitimate, non-pretextual reasons based on the investigation report. Furthermore, her liberty interest due process claim failed because she did not request a name-clearing hearing. All remaining claims by Mable Caleb against Dr. Terry Grier and HISD were dismissed with prejudice.

First AmendmentRetaliationDue ProcessSummary JudgmentPublic EmploymentSchool DistrictEmployee MisconductFree SpeechFreedom of AssociationLiberty Interest
References
67
Case No. MISSING
Regular Panel Decision
Feb 01, 1993

Tennessee Small School Systems v. McWherter

This case concerns a constitutional challenge to Tennessee's public school funding system, alleging violations of the education clause and equal protection provisions of the Tennessee Constitution. The plaintiffs, small school systems, superintendents, students, and parents, argued that disparities in funding led to unequal educational opportunities. The trial court initially ruled in favor of the plaintiffs, but the Court of Appeals reversed. The Supreme Court of Tennessee, in this opinion, reversed the Court of Appeals, finding that the statutory funding scheme resulted in constitutionally impermissible disparities in educational opportunities and failed the "rational basis" test under equal protection provisions, despite arguments for local control. The case was remanded to the trial court for further proceedings, with the responsibility for fashioning a remedy left to the General Assembly.

Education FundingEqual ProtectionConstitutional LawPublic School SystemSchool Finance ReformDisparity in EducationState Supreme CourtJudicial ReviewLegislative PrerogativeLocal Control
References
42
Case No. MISSING
Regular Panel Decision

Alejandro v. Robstown Independent School District

Jesus Alejandro, Assistant Superintendent for Business and Finance with Robstown Independent School District (RISD), sued RISD, Superintendent Leobardo Cano, and board members Adolfo Lopez and Oscar Lopez for retaliatory discharge under the Texas Whistleblower Act. Alejandro alleged he was terminated after reporting misuse of public funds and official misconduct by the board members. The trial court granted a directed verdict for the appellees and imposed sanctions against Alejandro. The appellate court affirmed the directed verdict regarding the retaliatory discharge claim, finding no causal link between Alejandro's report and his termination. However, the appellate court reversed the sanctions order, concluding that the trial court abused its discretion by not admitting sufficient evidence at the sanctions hearing.

WhistleblowerRetaliationDirected VerdictSanctions ReversalAbuse of DiscretionCausationPublic FundsOfficial MisconductTexas LawGovernment Code
References
21
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