School Law - Educational Law & Policies - Litigation Law - Privacy Law - Employment Law - Court Cases - Educational Leadership -William Allan Kritsonis, PhD
Dr. William Allan Kritsonis earned his BA in 1969 from Central Washington University, Ellensburg, Washington. In 1971, he earned his M.Ed. from Seattle Pacific University. In 1976, he earned his PhD from the University of Iowa. In 1981, he was a Visiting Scholar at Teachers College, Columbia University, New York, and in 1987 was a Visiting Scholar at Stanford University, Palo Alto, California. In June 2008, Dr. Kritsonis received the Doctor of Humane Letters, School of Graduate Studies from Southern Christian University. The ceremony was held at the Hilton Hotel in New Orleans, Louisiana.
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Court Case 5
1. Case Four
Court of Appeals of Texas,
Beaumont.
Jamie WILSON, Appellant
v.
WEST ORANGE-COVE CONSOLIDATED INDEPENDENT SCHOOL DISTRICT
AND O.T. Collins, Appellees.
No. 09-08-00068-CV.
LITIGANTS
Plaintiffs- Appellants: Jamie WILSON
Defendant- Appellee: WEST ORANGE-COVE CONSOLIDATED INDEPENDENT
SCHOOL DISTRICT AND O.T. Collins
BACKGROUND
Appellant, Jamie Wilson was employed by West Orange-Cove Consolidated
Independent School District (“District”) as an assistant principal under a two-year term
contract of employment. On or around March of 2007 Wilson was reprimanded for
unethical conduct by Superintendent O.T. Collins. Wilson appealed the reprimand
through Level IV of the district's grievance policy, but did not pursue an administrative
appeal of the School Board's final decision to the Commissioner of Education.
FACTS
Wilson was reprimanded for allegedly viewing, during school hours, a videotaped
deposition that Collins gave in an unrelated lawsuit that was then pending against the
District. After the reprimand was given to Wilson, a copy was placed in her personnel
file.
The Commissioner of Education is authorized to review claims in which the
person “is aggrieved by” ... the “ school laws of this state”; or actions or decisions by a
school board that violate either school laws of the state or a provision of a written
employment contract between a school district and an employee of the district if the
violation would cause the employee to suffer monetary harm. TEX. EDUC.CODE ANN.
§ 7.057(a) (Vernon 2006). The term “ school laws of this state” is defined to include all
statutes contained in Titles 1 and 2 of the Education Code and “rules adopted under those
titles.”
DECISION
Wilson's declaratory judgment action also sought a declaration that her state
2. constitutional rights were violated. A declaratory judgment that the school district
violated Wilson's constitutional rights would serve no purpose. Such a declaration would
neither work to enjoin the school district from further suspending Wilson, nor would it
mandate reinstatement under her employment contract because she no longer has an
employment contract with the district. A judgment in the underlying case would have no
practical legal effect upon the parties; it would do no more than attempt to “avoid an
event which [has] already passed beyond recall.” Houston Indep. Sch. Dist., 617 S.W.2d
at 767.Wilson made no other claims and sought no other relief against the defendants;
therefore, the controversy between the parties has ceased to exist.
DICTA
Appeal of school district's former employee regarding trial court's dismissal of
action seeking declaratory and injunctive relief against district was moot. Former
employee no longer had employment contract with the district, and thus any injunction
prohibiting further suspension or order for reinstatement under employment contract was
no longer possible relief. Also, a declaratory judgment that the school district violated
former employee's constitutional rights would serve no purpose.
IMPLICATIONS
Ms. Wilson’s claim of a violation of her constitutional right’s in my opinion are
null and void because her evaluations reflect that her performance as a teacher are below
expectation which was the basis for her contract to be nonrenewable.
Submitted to Dr. William Allan Kritsonis