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PRESIDIO INDEPENDENT SCHOOL DIST. v. SCOTT

No. 08-0958.

309 S.W.3d 927 (2010)

PRESIDIO INDEPENDENT SCHOOL DISTRICT, Petitioner, v. Robert SCOTT, as Commissioner of Education, Respondent.

Supreme Court of Texas.

Decided April 23, 2010.

Attorney(s) appearing for the Case

Larry A. Baskind, Linda Aileen Samples, Baskind & Hosford, PC, Ken Slavin, Kemp Smith, LLP, El Paso, TX, for Petitioner.

George A. Warner Jr., Greg W. Abbott, Attorney General, Clarence Andrew Weber, First Assistant Attorney General, David S. Morales, Office of the Attorney General, Bill Davis, Daniel L. Geyser, Asst. Solicitor General, James C. Ho, Solicitor General, Office of Solicitor General, Austin, TX, for Respondent.

Richard L. Arnett, Brim, Arnet, Robinett, Hanner, Conners & McCormick, P.C., Austin, TX, for other interested party Samuel Papa.

Justice GUZMAN delivered the opinion of the Court.

At issue in this case is whether Texas Education Code § 21.307 requires the Commissioner of Education's consent before an appeal of his decision in a dispute between a teacher and a school district can proceed in a Travis County district court. After the Commissioner adjudicates the dispute between a teacher and a school district, § 21.307(a) allows "[e]ither party" to appeal the Commissioner's decision...

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