Poole v. Karnack Independent School District
344 S.W.3d 440
| Tex. App. | 2011Background
- Poole, a public school teacher, was injured in the course of employment when a student opened a restroom door hitting her head on September 25, 2001.
- She alleged the incident constituted an assault and sought assault leave under Tex. Educ. Code Ann. § 22.003(b).
- Poole requested assault leave on September 15, 2003, about 720 days after the assault, relying on discovery of the leave option August 22, 2003.
- The Karnack Independent School District denied the request as untimely under its grievance policy requiring timely filing.
- The District’s decision was upheld by the Texas Commissioner of Education, and the trial court affirmed, leading Poole to appeal.
- Poole argues the delay was reasonable and that the declaratory-relief claim is not duplicative of her judicial-review remedy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Poole's assault-leave request was timely | Poole contends delay was reasonable given late discovery of the option | District and Commissioner held delay outside a reasonable time and untimely | Untimely; reasonable-time standard upheld |
| Whether declaratory relief was an improper redundant remedy | Declaratory relief could clarify entitlement to assault leave | Relief duplicative of judicial-review remedy and not proper | Redundant; properly dismissed |
Key Cases Cited
- Westheimer Indep. Sch. Dist. v. Brockette, 567 S.W.2d 780 (Tex. 1978) (time for seeking statutory relief implied when none is prescribed)
- Dodd v. Meno, 870 S.W.2d 4 (Tex. 1994) (reasonableness of statutory delay; deference to agency interpretation)
- Sizemore v. Tex. Bd. of Dental Examin'rs, 759 S.W.2d 114 (Tex. 1988) (substantial evidence standard; reasonableness of delay)
- Heaberlin v. Joaquin Indep. Sch. Dist., 95 S.W.2d 1339 (Tex. Civ. App.-Beaumont 1936) (unreasonable multi-year delay in appeals)
- Watkins v. Huff, 63 S.W.2d 922 (Tex. Civ. App.-San Antonio 1901) (unreasonable delays in appeals to state authorities)
- Midas Oil Co. v. Stanolind Oil & Gas Co., 142 Tex. 417, 179 S.W.2d 243 (Tex. 1944) (reasonableness of delay in seeking statutory relief is a fact question)
- Raytheon E-Systems, Inc. v. Texas, 101 S.W.3d 560 (Tex. 2003) (declaratory relief not available to recover attorney’s fees when relief duplicative)