Jones v. Clarksville Independent School District ( 2001 )

OPINION ON MOTION FOR REHEARING

Clarksville Independent School District, et al., contend on rehearing that our decision should be controlled by the reasoning set out in Havner v. Meno, 867 S.W.2d 130 (Tex.App.—Austin 1993, no writ). In Hav-er, a teacher appealed to the Commissioner of Education because of a school board’s refusal to waive criteria in connection with its career ladder. The court of appeals held that the refusal constituted an action or decision of the school board and that it was necessary for the teacher to exhaust administrative remedies before seeking judicial review.

That situation differs from the case before us. In this case, the school board refused to take any action, either granting or denying Jones’ request. We further recognize that, as we stated in the body of this opinion, the controlling statutes have been rewritten since the Havner case was decided and that constitutional claims are also implicated. We do not find that Hav-ner controls our disposition of this case.

The motion for rehearing is denied.