Hermenia Jenkins v. Crosby Independent School District and Michael L. Williams in His Official Capacity as State Commissioner of Education
03-15-00313-CV
| Tex. App. | Sep 24, 2015Background
- Appellant Hermenia Jenkins challenges Crosby ISD's reassignment of her from principal to assistant principal; the appeal traces from a Commissioner of Education decision and district court judgment affirming the reassignment.
- Amicus TASB Legal Assistance Fund supports Crosby ISD, arguing against reversal of long-standing reassignments within the same professional capacity.
- The brief emphasizes that the Texas Education Code and administrative history provide broad flexibility for reassignment of administrators to positions within the same professional capacity.
- SBEC certification standards for principal and assistant principal are identical, supporting a finding that these roles are within the same professional capacity.
- The State policy favors district flexibility to assign personnel in the best interests of students, and reversing would create statewide disruption for Texas public schools.
- The Appendix cites numerous Commissioner decisions and federal cases to illustrate that reassignment within the same professional capacity has been longstanding and permissible.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether principal and assistant principal fall within the same professional capacity | Jenkins argues they are distinct capacities | TASB contends they are within the same professional capacity | Yes; same professional capacity |
| Whether professional capacities are limited to §21.201(1) definitions | Limitation to listed positions | Broader interpretation sanctioned by precedent and legislative history | Not limited to §21.201(1); broader interpretation allowed |
| Whether the reassignment violates due process rights | Reassignment violates contractual protections | No due process infringement since same capacity reassignment is permitted | No due process violation; reassignment permissible |
Key Cases Cited
- Temple Indep. Sch. Dist. v. Proctor, 97 S.W.2d 1047 (Tex. Civ. App. 1936) (recognizes superintendent-like distinctions and agency roles in school governance)
- Kimbrough v. Barnett, 93 Tex. 301, 55 S.W. 120 (1900) (establishes superintendent as a unique position in Texas law)
- Jett v. Dallas Indep. Sch. Dist., 798 F.2d 748 (5th Cir. 1986) (due process limits for transfer of duties; salary protection only)
- Jett v. Dallas Indep. Sch. Dist., 491 U.S. 701 (U.S. 1989) (Supreme Court on property interests in employment and duties)