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TARKINGTON INDEPEND. SCHOOL DIST. v. ELLIS

No. 09-06-139 CV.

200 S.W.3d 794 (2006)

TARKINGTON INDEPENDENT SCHOOL DISTRICT, Appellant, v. Randy ELLIS and Patricia Ellis, as Next Friends of J.M., Appellees.

Court of Appeals of Texas, Beaumont.

Decided August 10, 2006.

Opinion Overruling Rehearing August 31, 2006.

Attorney(s) appearing for the Case

Christopher B. Gilbert, Bracewell & Giuliani LLP, Houston, for appellant.

Zeb D. Zbranek, Zbranek Firm, PC, Liberty, for appellees.

Before GAULTNEY, KREGER and HORTON, JJ.

OPINION

HOLLIS HORTON, Justice.

The central issue in this case is whether Texas law mandates the expulsion of a student for unknowingly possessing a weapon on a school district's property. We hold that the Texas Education Code permits school districts to decline to expel students for unknowingly possessing prohibited weapons if the districts have adopted intent as a factor in expulsion decisions. Based on the transcript of the expulsion hearing in this case...

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