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Presidio Independent School District v. Scott

At issue in this case is whether Texas Education Code �21.307 requires the Commissioner of Education's consent before an appeal of his decision in a dispute between a teacher and a school district can proceed in a Travis County district court. This court concluded it is not because the plain language in �21.307(a) excludes the commissioner from those parties who must consent to a judicial appeal in Travis County. Texas Supreme Court, No. 08-0958, 04-23-2010

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Argued January 19, 2010

At issue in this case is whether Texas Education Code § 21.307 requires the Commissioner of Education’s consent before an appeal of his decision in a dispute between a teacher and a school district can proceed in a Travis County district court. After the Commissioner adjudicates the dispute between a teacher and a school district, § 21.307(a) allows “[e]ither party” to appeal the Commissioner’s decision in one of two possible venues: (1) a district court in the school district’s county; or (2) “if agreed by all parties, a district court in Travis County.” Here, both Presidio Independent School District (Presidio) and the teacher agreed to venue in Travis County, but the Commissioner, who must be joined to the appeal under § 21.307(c), did not agree. We must determine whether the Commissioner’s consent is required under the statute, and we conclude that it is not. Accordingly, we reverse the judgment of the court of appeals and remand to the trial court for further proceedings.*fn1

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