WE’RE ZOOMING WITH THE DAWG THIS THURSDAY!! PLEASE JOIN ME AND MY SPECIAL GUEST, SARAH ORMAN, FOR A PREVIEW OF THE 10TH EDITION OF THE EDUCATOR’S GUIDE TO TEXAS SCHOOL LAW AND A REVIEW OF THE LATEST “USE OF FORCE’ CASE FROM T.E.A. THURSDAY AT 10:00.
Nonrenewal cases are common in Texas school law, and most of them are decided by the Commissioner. The process is 1) the board proposes a nonrenewal; 2) the educator requests a hearing; 3) the board conducts the hearing and votes to not renew the educator’s contract; and 4) the educator appeals to the Commissioner.
The case of Mull v. Houston ISD is an exception. The story begins when the district proposed not a nonrenewal but a termination of the kindergarten teacher’s contract. This was in January, 2017. Ms. Mull first appealed that recommendation to the Commissioner, but then she withdrew that appeal. By April, as the end of the school year approached, the board evidently decided that the simpler thing to do with Ms. Mull was to propose her nonrenewal. After all, the burden of proof for the district is easier to satisfy with a nonrenewal and the process is simpler. The board followed through on that, voting to end Ms. Mull’s employment with the district on the date when her current contract ran out.
The normal next step would be for Ms. Mull to appeal the board’s decision to the Commissioner, but she did not do that. Instead, she filed suit in federal court alleging that the district had violated various constitutional standards as well as some state laws. That did not turn out well for her.
The federal court dismissed the case, and the 5th Circuit has now affirmed that decision. Ms. Mull cited the Texas Education Code provision that immunizes teachers from disciplinary actions when they use reasonable force to address student misconduct. (This is an issue we will look at later this week). The nonrenewal was based on the district’s view that the teacher’s use of force was not reasonable, but was excessive. This factual dispute could have been sorted out by the Commissioner if Ms. Mull had taken the appeal to him. But the federal court has no business dealing with this issue until the Commissioner does. Key Quote:
In Texas, “if the Legislature expressly or impliedly grants an agency sole authority to make an initial determination in such disputes, the agency has exclusive jurisdiction and a party ‘must exhaust her administrative remedies before seeking recourse through judicial review.’” Here, Mull was required first to appeal the District’s nonrenewal of her contract to the Commissioner of Education….As she failed to exhaust her administrative remedies as to this issue, the district court’s dismissal was proper.
It's Mull v. Houston ISD, decided by the 5th Circuit in an “unpublished” decision on August 4, 2022.
DAWG BONE: NONRENEWAL APPEALS GO TO T.E.A.
Got a question or comment for the Dawg? Let me hear from you at jwalsh@wabsa.com.
Tomorrow: Toolbox Tuesday!!