Legal Opinion
Michael McIntyre and Laura McIntyre, Individually and on Behalf of Their Children, K.M., L.M., C.M., M.M., and L.M. v. El Paso Independent School District, Dr. Lorenzo Garcia, and Mark Mendoza
Texas Supreme Court
Decided June 24, 2016No. 14-0732PublishedCited by 9 opinions
1Opinion of the Court
John P. Devine,
Justice
The Texas Education Code permits appeals to the Texas Commissioner of Education by persons “aggrieved by” either “the school laws of this state” or “actions or decisions of any school district board of trustees that violate [ ] the school laws of this state.” Tex. Educ. Code § 7.057(a). It does not permit, much less require, administrative appeals when a person is allegedly aggrieved by violations of laws other than the state’s school laws, such as our state and federal constitutions. Yet the court of appeals expected the petitioners “to exhaust their administrative…
2Cases cited16 opinions
- Albright v. OliverSupreme Court of the United States · 1994
- Tinker v. Des Moines Independent Community School DistrictSupreme Court of the United States · 1969
- Ashcroft v. al-KiddSupreme Court of the United States · 2011
- Texas Education Agency v. LeeperTexas Supreme Court · 1995
- Safford Unified School District 1 v. ReddingSupreme Court of the United States · 2009
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- City of Hous. v. Hous. Mun. Emps. Pension Sys.Texas Supreme Court · 2018
- Kilgore Independent School District v. Darlene Axberg, John Claude Axberg, Sheila Anderson, and the State of Texas, Texas Court of Appeals, 6th District (Texarkana)2019
- Brownsville Independent School District v. Arthur Rendon, Texas Court of Appeals, 13th District2018
- Crowley Independent School District v. Carl Stoneham, and Mike Morath, in His Official Capacity as Commissioner of Education of Texas, Texas Court of Appeals, 15th District2025
- Crowley Independent School District v. Carl Stoneham, and Mike Morath, in His Official Capacity as Commissioner of Education of Texas, Texas Court of Appeals, 15th District2025
4 more not listed; retrieve them via the Exa API.