TEXAS EDUC. AGENCY v. UNITED STATES DEPT. OF EDUC.

No. 20-60051.

992 F.3d 350 (2021)

TEXAS EDUCATION AGENCY, Petitioner, v. UNITED STATES DEPARTMENT OF EDUCATION, Respondent.

United States Court of Appeals, Fifth Circuit.

Filed March 23, 2021.


Attorney(s) appearing for the Case

Drew L. Harris , Assistant Attorney General, Glorieni Marie Azeredo , Assistant Attorney General, Office of the Attorney General, General Litigation Division, Cynthia O. Akatugba , Office of the Attorney General, General Litigation Division, Austin, TX, for Petitioner.

Jaynie Randall Lilley , U.S. Department of Justice, Washington, DC, Elisabeth Prince DeVos , Secretary, U.S. Department of Education, U.S. Department of Education, Marleigh D. Dover , Assistant Director, U.S. Department of Justice, Carlos Muniz , U.S. Department of Education, Washington, DC, for Respondent.

Before Higginbotham, Smith, and Dennis, Circuit Judges.


The National Defense Authorization Act of 2013 ("NDAA") prohibits any recipient of federal dollars from retaliating against whistleblowers who report an abuse of that money. Laurel Kash filed a complaint with the U.S. Department of Education ("DOE"), alleging that the Texas Education Agency ("TEA") had discharged her...

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