Spring 2015

Exhaustion of Administrative Remedies

Parents of students attending Clint ISD filed suit against the school district claiming that the district does not equally or equitably fund students at different, comparable campuses within the district in violation of the Texas Constitution.  TASB LAF originally assisted Clint ISD in this matter by filing an amicus brief with the El Paso County District Court.

The district court granted Clint ISD’s plea to the jurisdiction, agreeing that the district was immune from suit and that plaintiffs failed to exhaust administrative remedies before filing suit.  The parents appealed the district court’s decision to the El Paso Court of Appeals.  LAF again filed an amicus brief in support of the district.

The El Paso Court of Appeals concluded that, because the plaintiffs’ request for relief was grounded in the alleged violation of their rights under the Texas Constitution, they were not required to exhaust administrative remedies before filing suit.  The court of appeals reversed the trial court’s judgment and remanded the case for further proceedings.

Clint ISD filed a petition for review with the Texas Supreme Court.  LAF filed an amicus brief with the Texas Supreme Court urging the court to grant the petition for review, uphold the original decision of the district court, and dismiss the case.  The Texas Supreme Court has requested briefing on the merits from both parties.  Clint Indep. Sch. Dist. v. Herrera, No. 14-0903 (pet. filed).  LAF’s Attorneys:  David Thompson and Holly McIntush, Thompson & Horton, L.L.P., Houston.