Mike Morath, Commissioner of Education v. Sterling City Independent School District, Highland Independent School District, and Blackwell Consolidated Independent School District

in which JUSTICE GREEN, JUSTICE LEHRMANN, and JUSTICE DEVINE joined.

Section 42.2516 of the Texas Education Code1 requires the Commissioner of Education to make certain adjustments in state aid to school districts and provides that his determinations are “final and may not be appealed.”2 In this ultra vires action, three school districts complain that the Commissioner exceeded his authority under the statute. We hold that the Legislature has made the decisions of which the districts complain beyond judicial review. We therefore reverse the judgment of the court of appeals3 and dismiss the case…