Legal Opinion

Tarkington Independent School District v. Ellis

Texas Court of Appeals, 9th District (Beaumont)

Decided August 31, 2006No. 09-06-139 CVPublishedCited by 2 opinions

1Opinion of the Court

OPINION

HOLLIS HORTON, Justice.

The central issue in this case is whether Texas law mandates the expulsion of a student for unknowingly possessing a weapon on a school district’s property. We hold that the Texas Education Code permits school districts to decline to expel students for unknowingly possessing prohibited weapons if the districts have adopted intent as a factor in expulsion decisions. Based on the transcript of the expulsion hearing in this case, the trial court could have reasonably concluded that the Tarkington Independent School District’s hearing officer erroneously thought the…

2Cases cited13 opinions

  1. Texas Ass'n of Business v. Texas Air Control BoardTexas Supreme Court · 1993
  2. Walling v. MetcalfeTexas Supreme Court · 1993
  3. DeSantis v. Wackenhut Corp.Texas Supreme Court · 1990
  4. Transport Co. of Texas v. Robertson TransportsTexas Supreme Court · 1953
  5. Patterson v. Planned Parenthood of Houston and Southeast Texas, Inc.Texas Supreme Court · 1998

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3Cited by2 opinions

  1. Tarkington Independent School District v. Ellis, Texas Court of Appeals, 9th District (Beaumont)2006
  2. Untitled Texas Attorney General Opinion, Texas Attorney General Reports2016

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