Here’s a short and simple point to keep in mind. If you appeal a school district’s decision to T.E.A. you have to identify the DISTRICT as the respondent. In a recent case, an anonymous “child” acting through the equally anonymous “parent” complained about nine named employees without identifying the school district they worked for. The Commissioner put it succinctly: “The only proper respondent in a Texas Education Code section 7.057(a)(2) case is a school district.” No school district, no jurisdiction. Case dismissed.
If that sounds overly harsh, you should also know that the Commish gave the Petitioner an opportunity to fix this problem, but the Petitioner failed to do so.
So there. The case is Child b/n/f (by next friend) Parents v. Rogers, et al. Docket No. 020-R10-03-2016, decided by Commissioner Morath on November 17, 2016.
DAWG BONE: IT’S IMPORTANT TO PAY ATTENTION TO DETAILS
File this one under: PRACTICE AND PROCEDURE
Tomorrow: Have you issued a “no trespass” letter to a parent?