Fort Worth Independent School District v. Service Employment Redevelopment

Service Employment Redevelopment (“SER”) sued Fort Worth Independent School District for breach of a contract to provide alternative education program services. The trial court dismissed the case for want of jurisdiction, but a divided court of appeals reversed. 163 S.W.3d 142 (Tex.App.-Fort Worth 2005). The court of appeals held that the District’s immunity from suit was waived by section 11.151(a) of the Texas Education Code, which states:

The trustees of an independent school district constitute a body corporate and in the name of the district may acquire and hold real and personal…