Caddo Mills Independent School District and Mike Morath, Commissioner of Education v. Steven Sumrow

• Court: Court of Appeals of Texas
• Decided: July 12, 2023
• Docket: 03-22-00083-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-22-00083-CV

Caddo Mills Independent School District and Mike Morath, Commissioner of Education, Appellants

v.

Steven Sumrow, Appellee

FROM THE 200TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-GN-20-001907, THE HONORABLE AMY CLARK MEACHUM, JUDGE PRESIDING

CONCURRING OPINION

I agree with the Court’s analysis and its conclusion that the language of the

contract requires us to affirm the Commissioner’s order. I write separately to express my view

that the school district’s abrupt change in its course of dealing with an educator who had been

employed by the district for 15 years in the same position, absent any cause, is the type of unfair

surprise that borders on being unconscionable. While there may be legitimate reasons justifying

the inclusion of the term allowing reassignment, the school district’s execution of the

reassignment here, which it attempted to justify by requiring an additional certification that had

not previously been required, is disturbing.

__________________________________________ Gisela D. Triana, Justice Before Justices Baker, Triana, and Jones

Filed: July 12, 2023