You can’t appeal the board’s decision when the board has not made a decision….

Mr. Blankenship thought that the local district was violating the law, and so he took his complaint straight to T.E.A.  That does not work. As the Commissioner has repeatedly stated, he has appellate jurisdiction only.  If you have not taken your complaint to the school board, you will not get a hearing at the Agency.  It went down like this:

Petitioner also lacks a valid Texas Education Code Section 7.057(a)(1) claim because all section 7.057 claims are appeals.  The Texas Supreme Court recently acknowledged that a Texas Education Code Section 7.057 case is an appeal.  Davis v. Morath (Tex. 2021).

I’m pleased to let you know that Ali Mosser from our firm’s Irving office obtained this dismissal with the able assistance of Sandi Tarski. The case is Blankenship v. Richardson ISD, decided by the Commissioner on September 7, 2021, Docket No. 042-R10-06-2021. 

DAWG BONE:  SOME ELEMENTS OF LOCAL CONTROL REMAIN IN PLACE.  SOME.  

Got a question or comment for the Dawg?  Let me hear from you at jwalsh@wabsa.com

Tomorrow: “Teacher, can I go to the bathroom?”