Legal Question in Civil Litigation in Texas
School District Student Transfer Contracts
I live in a school district that has a contract with another district to provide our district with an education for grades 9-12. The contract has 3 more years remaining. The other district informed our district that it will no longer provide this service for 9th or any new students who move into the district.
I am the parent of a student entering 9th. I spoke with our district's officials. The contract has not been amended or terminated. The other district informed our district that they would no longer abide by the terms of the contract do to changes in State allowed reimbursements between districts and student growth. Our district decided against legal action due to cost.
The State Department of Education said it was a district's responsibility to provide an education for its students. A contract was allowed under State Law. They would not get involved in the contract dispute.
Our district is developing a State certified minimum curriculum for 9th grade.
Do I have a right and how di I enforce the contract as an effected party? Am I a party being a taxpayer in the affected district?
1 Answer from Attorneys
Re: School District Student Transfer Contracts
Who has standing to sue? In order to have standing to sue, the Supreme Court's standing doctrine has long required that a plaintiff have a particularized harm different in kind or magnitude from the general citizenry or even the more narrow class of taxpayers. In this case, you may have standing.
Contact an attorney about the standing issue and also of you filing suit on behalf of your child and possibly others. Also, the attorney will eventually have to look at the contract to determine if the other school district has an "out" as determined by the conditions set forth in the contract.
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