TX Supreme Court Stays Order That Allowed Teachers Union To Shut Down Campus, Overrule School Administration

The Supreme Court of Texas stayed an order by a lower court that allowed a teacher’s union to presumptively shut down campus and would have removed the decision-making process from school administrators.

Staff Report

Texas Attorney General, Ken Paxton is the lawyer for the State of Texas and is charged by the Texas Constitution to:

  • defend the laws and the Constitution of the State of Texas
  • represent the State in litigation
  • approve public bond issues

To fulfill these responsibilities, the Office of the Attorney General serves as legal counsel to all boards and agencies of state government, issues legal opinions when requested by the Governor, heads of state agencies, and other officials and agencies as provided by Texas statutes.

The Texas AG sits as an ex-officio member of state committees and commissions and defends challenges to state laws and suits against both state agencies and individual employees of the State.

Many Texans look to the Office of the Attorney General for guidance with disputes and legal issues.

The agency receives hundreds of letters, phone calls, and visits each week about crime victims’ compensation, child support, abuse in nursing homes, possible consumer fraud, and other topics.

To find out more about the Texas Attorney General, visit the official website at https://texasattorneygeneral.gov/.

DC Court Upholds Constitutional Rights for Students

AUSTIN – Attorney General Ken Paxton applauded the United States District Court for the District of Columbia for denying a motion for preliminary injunction sought by 17 states and the District of Columbia to stop the U.S. Department of Education’s new Title IX Rule.

The new Rule protects students from actual harassment while upholding their rights to free speech and due process.

A Texas-led coalition of 15 states previously defended the Rule.

“The Constitution applies to every American, and I laud the court for justly preserving students’ rights. The Department of Education’s Rule correctly provides protection for individual rights where previous regulations failed, while also ensuring that academic institutions have the proper tools for addressing sexual harassment,” said Attorney General Paxton. “The Supreme Court has long recognized that students have the right to due process, and this order is a sound victory for students across the nation.”

Read a copy of the order here.

AG Paxton Files Letter Brief in Support of Cypress-Fairbanks ISD Conducting On-Campus Development for Teachers

AUSTIN – Attorney General Ken Paxton filed a friend-of-the-court brief last week with the Supreme Court of Texas, urging the court to override a trial court order that unlawfully prevented the Cypress-Fairbanks Independent School District from resuming in-person, on-campus operations and teacher training just days before the start of the school year.

On Friday, the trial court granted a request from a teachers’ union to effectively shut down the on-campus operations of one of Texas’s largest school districts.

On Sunday night, the Supreme Court of Texas stayed the trial court’s order.

“Friday was supposed to mark the return to campus for Cy-Fair teachers and staff who were preparing to start the new school year and welcome back kids until a trial court unlawfully ordered the campus shut down at the request of a teachers’ union. The trial court’s order exceeds its jurisdiction and grants relief contrary to the laws of Texas,” said Attorney General Paxton. “Teachers’ unions have no authority to override the decisions of school administrators about how to return to school safely.”

Read a copy of the letter brief here.

Request for Opinion

Original Request RQ-0372-KP
Application of Government Code chapter 573, governing nepotism, to the employment by one county commissioner of a prohibited relative of another county commissioner in a county operating under the ex officio road commissioner system

Date Received
Thursday, August 13, 2020

Official Requestor
The Honorable Matthew Poston
Liberty County Attorney
1923 Sam Houston Street, Suite 202
Liberty, Texas 77575

Request for Opinion

Original Request RQ-0373-KP
Punishment for a violation of the maximum vehicle weight limit established by the executive director of the Department of Transportation under Transportation Code section 621.102

Date Received
Thursday, August 13, 2020

Official Requestor
The Honorable Eduardo Arredondo
Burnet County Attorney
220 South Pierce Street
Burnet, Texas 78611

Request for Opinion

Original Request RQ-0371-KP
Whether chapter 157 of the Occupation Code requires a physician to provide any level of supervision to a certified registered nurse anesthetist to whom the physician has delegated authority, and the potential liability for such delegation

Date Received
Wednesday, August 12, 2020

Official Requestor
Sherif Zaafran, M.D.
President
Texas Medical Board
Post Office Box 2018
Austin, Texas 78768-2018

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