DOCKET NO. 010-R10-998
GLORIA STEPHENS
V.
DENTON INDEPENDENT
SCHOOL DISTRICT
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BEFORE THE
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§ COMMISSIONER OF EDUCATION
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THE STATE OF TEXAS
DECISION OF THE COMMISSIONER
Statement of the Case
Petitioner Gloria Stephens appeals the inaction of the board of
trustees of the Denton Independent School District, Respondent, which
upheld the issuance of a letter of reprimand to Petitioner.
Joan Howard Allen is the Administrative Law Judge appointed by the
Commissioner of Education. Petitioner is represented by Huey P.
Mitchell, Attorney at Law, Fort Worth, Texas. Respondent is represented
by Paige D. Scherr, Attorney at Law, Denton, Texas.
Respondent filed a Plea to the Jurisdiction, which was the basis of
the Proposal for Decision issued on April 30, 1999, recommending that
Petitioner's appeal be dismissed for failure to state a claim. No
exceptions were filed.
Findings
After due consideration of the record and matters officially
noticed, in my capacity as Commissioner of Education, the following
Findings are supported by substantial evidence:
1.
Petitioner Gloria Stephens received a letter of reprimand
from her principal. She pursued the grievance process through the board
of trustees, which did not act to grant her grievance.
2.
Petitioner did not allege that the issuance of the letter of
reprimand violated the school laws of the state.
3.
Petitioner did not allege that the issuance of the letter of
reprimand violated a provision of her written contract of employment that
caused or might cause monetary damage.
4.
Petitioner alleges violations of constitutional due process
rights.
5.
Petitioner has not identified a protected property interest.
6.
Petitioner alleges violations of local board policy.
Discussion
Petitioner Gloria Stephens alleges that the district violated her
due process rights in investigating and issuing a letter of reprimand.
Respondent filed a plea to the jurisdiction, asserting that Petitioner
has failed to state a claim for which relief can be granted.
Respondent's Plea is well-taken and is hereby granted. Petitioner has
failed to state a claim under Tex. Educ. Code §7.057.
Section 7.057 sets forth the Commissioner's general hearings
jurisdiction and provides in relevant part:
(a)
Except as provided by Subsection (e), a person may appeal in
writing
to the commissioner if the person is aggrieved by:
(1)
(2)
that
the school laws of the state; or
actions or decisions of any school district board of trustees
violate:
(A)
(B)
the school laws of the state; or
a provision of a written employment contract between
the school district and a school district
employee, if a
violation causes or would cause
monetary harm to the
employee.
Tex. Educ. Code §7.057(f)(2) defines the "school laws of the state" as
Title I and Title II and rules adopted under those titles.
In her responses to Respondent's plea to the jurisdiction,
Petitioner asserts that Respondent construes the jurisdiction of Tex.
Educ. Code §7.057 too narrowly and that claims of constitutional
violations and violations of local policy should be included in the
commissioner's jurisdiction. Petitioner is incorrect. The
commissioner's jurisdiction has been decreased in the area of grievances.
Any appeal of a grievance decision must either state a violation of
Titles I or II of the Education Code or must state a contract claim that
causes or would cause Petitioner monetary harm. Petitioner has alleged
neither. Petitioner's appeal should be dismissed for failure to state a
claim for which relief can be granted.
Conclusions of Law
After due consideration of the record, matters officially noticed,
and the foregoing Findings, in my capacity as Commissioner of Education,
I make the following Conclusions of Law:
1.
The Commissioner of Education has jurisdiction over the
instant matter pursuant to Tex. Educ. Code §7.057.
2.
Petitioner failed to plead a violation of the school laws of
the state, as that term is defined in Tex. Educ. Code §7.057.
3.
Petitioner failed to plead a violation of a provision of a written
employment contract between the school district and the employee that
causes or would cause monetary harm to the employee.
4.
Petitioner has failed to state a claim under Tex. Educ. Code
§7.057.
5.
Respondent's plea to the jurisdiction should be granted.
6.
Petitioner's appeal should be dismissed for failure to state
a claim.
O R D E R
After due consideration of the record, matters officially noticed,
and the foregoing Findings and Conclusions of Law, in my capacity as
Commissioner of Education, it is hereby
ORDERED that Petitioner's appeal be, and is hereby, dismissed for
failure to state a claim; and
FURTHER ORDERED that Respondent's Plea to the Jurisdiction be, and
is hereby, GRANTED.
SIGNED AND ISSUED this 6th day of August, 1999.
____________________________________
MIKE MOSES
COMMISSIONER OF EDUCATION
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