BD. OF TRUSTEES OF BASTROP INDEPENDENT SCH. DIST. v. Toungate

958 S.W.2d 365, 1997 WL 655962
CourtTexas Supreme Court
DecidedFebruary 13, 1998
Docket96-0690
StatusPublished
Cited by22 cases

This text of 958 S.W.2d 365 (BD. OF TRUSTEES OF BASTROP INDEPENDENT SCH. DIST. v. Toungate) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
BD. OF TRUSTEES OF BASTROP INDEPENDENT SCH. DIST. v. Toungate, 958 S.W.2d 365, 1997 WL 655962 (Tex. 1998).

Opinions

OWEN, Justice,

delivered the opinion of the Court

in which PHILLIPS, Chief Justice, GONZALEZ, HECHT and ABBOTT, Justices join.

The issue in this case is whether a hair-length regulation that applies to male students at a public elementary school but not to female students violates Tex. Civ. PRAC. & Rem.Code § 106.001(a). We conclude that it does not and accordingly reverse the judgment of the court of appeals and render judgment for Bastrop Independent School District.

I

Eight year old Zachariah Toungate was a third grade student at Mina Elementary in the Bastrop Independent School District. At the beginning of the school year, school officials observed that Zachariah had a ponytail, popularly known as a rat tail, that extended five inches below the bottom of his collar in violation of a provision of the grooming code that applied to all male students but not to females. The principal of the school advised September Toungate, Zachariah’s mother, that her son’s hair must be cut. She responded that she would not “force” Zachariah to cut his hair but requested that he be permitted to pin the ponytail up or to tuck it inside his shirt. The school refused to accept either of those alternatives and suspended Zachariah for three days. The Toungates remained steadfast in their refusal to comply with the hair-length provisions of the dress code.

At the end of the three-day suspension, Zachariah was allowed to return to school but was subjected to “in-school suspension,” which meant that he was essentially isolated from his classmates. His former teacher prepared his lesson plans, but he was taught by substitute teachers. Except for a few days when other students were also subject to in-sehool suspension, Zachariah was the sole pupil. H:is classroom was relatively small, 12 feet by 15 feet, and its windows were covered with heavy paper. Zachariah was not permitted to have lunch with the other children, he took recess alone, and he was not allowed to participate in choral activities or the Christmas program, although he was permitted to' attend and observe the latter event. During the in-school suspension, Zachariah’s academic performance improved, but after four months of segregation from his classmates, September Toungate withdrew her son from Mina Elementary on the advice of a psychologist and pursued home schooling.

These events prompted September Toun-gate to file suit against BISD as next friend of Zachariah. The trial court granted summary judgment in favor of BISD. That judgment was reversed in part on appeal, Toungate v. Bastrop Independent School District, 842 S.W.2d 823 (Tex.App.—Austin 1992, no writ), and neither party sought review in this Court. On remand, a jury trial ensued, special issues were submitted, and the jury answered all issues favorably to BISD. The trial court at first rendered a take-nothing judgment agains t Toungate, but later modified that judgment to instead grant relief to Toungate. In the modified judgment, the trial court held that BISD had violated the Texas Equal Rights Amendment, Tex. Const. art. I, § 3a, and had violated Tex. Civ. Prac. & Rem.Code § 106.001(a)(4)-(6). BISD was permanently enjoined from enforcing the [367]*367hairlength regulation, and Toungate was awarded attorney’s fees.

BISD appealed. The court of appeals affirmed the judgment on the basis of the statutory claim but held that the constitutional claim was foreclosed by this Court’s decision in Barber v. Colorado Independent School District, 901 S.W.2d 447 (Tex.1995). We granted BISD’s application for writ of error.

II

Before we proceed to the more substantive issues in this case, we briefly address the contention of BISD that the take-nothing judgment that was at first rendered by the trial court is the only valid judgment. BISD argues that the trial court did not timely render the subsequent modified judgment and therefore that it is a nullity. The question arises because the trial court signed the modified judgment when it had plenary power to do so but then waited 31 days to notify the parties, and the modified judgment was not filed until 38 days after it had been signed. BISD asserts that once the trial court signed the modified judgment, it had only 30 days in which to accomplish rendition of that judgment which, it argues, included notification of the parties and filing.

The initial judgment, which was the take-nothing judgment against Toungate, was rendered on November 29, 1994. Toun-gate filed a timely motion to modify or reform the judgment, and the trial court signed the modified judgment in favor of Toungate on January 10, 1995, well within its plenary power. See Tex.R. Civ. P. 329b. Upon signing the modified judgment, the trial court then had plenary power to set aside or to further modify or reform that judgment within 30 days, absent another motion extending the time periods. See Tex.R. Civ. P. 329b(h), 329b(d). BISD cites Tex.R. Civ. P. 300 and argues that rendition did not occur within the 30-day plenary period after the modified judgment was signed.

Rule 300 does not bear on the controversy at hand. It provides only that judgment shall be rendered on a special verdict or findings of fact by the trial court unless that verdict or the findings are set aside or a new trial is granted. Tex.R. Civ. P. 300. The governing rule is TexR. Crv. P. 306a(l):

The date of [sic] judgment or order is signed as shown of record shall determine the beginning of the periods prescribed by these rules for the court’s plenary power to grant a new trial or to vacate, modify, correct or reform a judgment or order and for filing in the trial court the various documents that these rules authorize a party to file within such periods including, but not limited to, motions for new trial, motions to modify judgment, motions to reinstate a case dismissed for want of prosecution, motions to vacate judgment and requests for findings of fact and conclusions of law; but this rule shall not determine what constitutes rendition of a judgment or order for any other purpose.

Tex.R. Crv. P. 306a(l).

Accordingly, it is the signing of the modified judgment that determines whether the trial court acted within its plenary power. The modified judgment in this case was rendered when signed on January 10,1995. Under Tex.R. Civ. P. 306a(4), BISD’s right to appeal was still protected even though the parties did not receive timely notice of the judgment. The appellate timetable did not start to run until BISD was notified of the judgment on February 10. We note that the trial court should have submitted the modified judgment to the clerk immediately upon signing it to avoid the burden of a notification hearing. See Tex.R. Civ. P. 306a(3),(4).

We turn now to the merits of this hair-length dispute, which has led to extended proceedings in the trial court and two appeals.

Ill

The grooming code provision that gave rise to this controversy provided:

Boys’ hair must meet the following guidelines: The rear length must be no longer than to the bottom of a regular shirt collar. On the sides, the ear lobe must be visible. In the front, the length cannot be longer than the top of the eyebrows.

[368]*368We articulated the proposition in Barber

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958 S.W.2d 365, 1997 WL 655962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bd-of-trustees-of-bastrop-independent-sch-dist-v-toungate-tex-1998.