The Third Court of Appeals has ruled against the Texas Commissioner of Education in a case regarding the requirement that a grievant must first bring the complaint before their local school board before appealing to the Commissioner. In Texas Commissioner of Education v. Solis, Dr. Maria Solis reached a non-Chapter 21 employment agreement with Mission Consolidated ISD for the 2012-2013 school year to work as the district’s Executive Director for State and Federal Programs. During the year, the district reassigned her to serve as an assistant principal at a junior high school.

In March 2013, the Superintendent chose not to take any action regarding her contract, allowing it to expire in June 2013. Solis complained that the Superintendent’s decision not to take any action constituted retaliation because she had previously filed a grievance against the Superintendent. The Board ultimately upheld the Superintendent’s decision. Solis filed a petition for review with the Commissioner of Education. On appeal to the Commissioner, Solis did not move forward with her retaliation claim, but instead raised issues that she did not raise during the grievance process at the local level, including that her employment agreement became a Chapter 21 contract upon her reassignment to an assistant principal position. The Commissioner dismissed her appeal for lack of jurisdiction. Travis County District Court overturned the Commissioner’s decision.

On appeal, the Third Court of Appeals in Austin affirmed the trial court’s judgment. Specifically, the Court rejected the Commissioner’s argument that filing a complaint is a prerequisite to filing an appeal with the Commissioner. Moreover, the Commissioner may not narrow the availability of appeals under Texas Education Code section 7.057 through his rules or policies. Requiring that an aggrieved party must request and attend a hearing before the board as a prerequisite to an appeal to the Commissioner would impermissibly narrow the availability of the statutory right of such an appeal.

While a grievant who fails to raise a particular complaint with a school district in accordance with an applicable local grievance policy may not have a record to present to the Commissioner to support the complaint, it does not mean the Commissioner lacks jurisdiction over the appeal itself. For school districts, this ruling may broaden the scope of decisions that the Commissioner may now hear upon appeal.

 

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