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HONORS ACADEMY, INC. v. TEXAS EDUC. AGENCY

No. 16-0519.

555 S.W.3d 54 (2018)

HONORS ACADEMY, INC., d/b/a/ Honors Academy and American Youth-Works, Inc., d/b/a American Youth-Works Charter School, Petitioners, v. TEXAS EDUCATION AGENCY and Michael Morath, in His Official Capacity as Texas Commissioner of Education, Respondents.

Supreme Court of Texas.

Opinion Delivered: April 27, 2018.

Rehearing Denied September 28, 2018.

Attorney(s) appearing for the Case

Thomas Anthony Fuller , The Fuller Law Group, PLLC, 2000 E. Lamar Blvd., Suite 600, Arlington, TX 76006, Richard L. Arnett , Richard Arnett, Attorney, LLC, 3262 Nebo Road, Boulder, CO 80302, for Amicus Curiae.

David Jay Campbell , Kevin T. O'Hanlon , Leslie L. McCollom , Susan G. Morrison , O'Hanlon, Demerath & Castillo, 808 West Avenue, Austin, TX 78701, Robert Allen Schulman, Maia K. Levenson , Schulman, Lopez, Hoffer & Adelstein, LLP, 517 Soledad Street, San Antonio, TX 78205-1508, for Petitioners.

Beth E. Klusmann , Assistant Solicitor General, Amanda Joy Cochran-McCall , Brantley D. Star , Deputy First Assistant Attorney General, James E. Davis , Jeffrey C. Mateer , First Assistant Attorney General, Joseph David `Jody' Hughes , Assistant Solicitor General, Scott A. Keller , Solicitor General, Shelley Nieto Dahlberg , General Litigation Division, W. Kenneth Paxton Jr. , Attorney General of Texas, Office of the Attorney General, P.O. Box 12548, Austin, TX 78711-2548, for Respondents.

Section 12.115 of the Texas Education Code requires the Commissioner of Education to revoke an open-enrollment charter school's charter after three consecutive years of "an unacceptable performance rating," an unsatisfactory "financial accountability performance rating," or any combination of the...

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