Why the Commissioner lacked jurisdiction…

Yesterday we told you about Parent v. Alief ISD and the district’s efforts to get the case tossed out based on lack of jurisdiction. The district’s first argument was that the Petition for Review was filed too late. That didn’t work.

But the second argument did.  AISD argued that the parent had not properly invoked the Commissioner’s jurisdiction because the parent had not alleged a violation of the school laws of Texas.  The parent alleged that Alief violated T.E.C. 4.001 and 4.002, which set out in broad language the “Public Education Mission and Objectives and the Public Education Academic Goals.” The Commissioner said that was not good enough to invoke his jurisdiction.  Key Quote:

Petitioner wants the same thing for her daughters that every parent wants for their children. However, Sections 4.001 and 4.002 of the Texas Education Code are aspirational for Respondent and for all school districts in Texas.  These sections do not set forth a cognizable cause of action enforceable by the Commissioner. A school district can violate these sections only by setting objectives that are contrary to those established by the Texas Education Code.  Petitioner does not allege that Respondent has done so.

So the case was dismissed.  It’s Parent v. Alief ISD, Docket No. 002-R10-09-2018, decided by Commissioner Morath on January 24, 2019.


Enjoy the weekend, Readers!