Premier Learning Academy, Inc. v. Texas Education Agency, 03-17-00064-CV (TexApp Dist 06/08/2017) – Texas Lawyer

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  • Court of Appeals of Texas, Third District
  • 03-17-00064-CV

After appellant, Premier Learning Academy, received unacceptable academic performance ratings for three consecutive years, appellees, Texas Education Agency, informed appellant it would not renew appellant’s charter and appointed conservators. When appellant tried to pay off several debts, including its superintendent’s severance package, using state FSP funds, a conservator refused to allow payment prompting the underlying suit whereby appellant sought declaration that it may use the remaining state funds to meet its contractual obligations and that appellees lacked authority to “take possession” of or “assume control” of appellant’s bank account which held the state funds. Appellant further asserted ultra vires claims against appellee-commissioner and sought a temporary restraining order and injunction prohibiting appellees from controlling and accessing its bank accounts. Appellees filed for, and were granted, a plea to the jurisdiction dismissing appellant’s claims arguing appellant lacked standing to raise its claims and that sovereign immunity barred the claims. On appeal, the only question properly before the court was whether the trial court erred in granting appellee-commissioner’s plea to the jurisdiction as to appellant’s ultra vires claims. The court affirmed the plea to the jurisdiction holding appellee-commissioner did not exceed his statutory authority by refusing to allow appellant to use its remaining state funds to pay its superintendent’s severance package under Education Code §12.128 and §39.111. Accordingly, the court affirmed the trial court’s granting the plea to the jurisdiction of appellees. Premier Learning Academy, Inc. v. Texas Education Agency, Austin Court of Appeals, Case No.: 03-17-00064-CV, 06/08/2017

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