ON MOTION FOR REHEARING
BEA ANN SMITH, Justice.
Pete Smith signed a contract with Zapata County Independent School District to serve as a high school football coach and athletic coordinator. Mid-year he was reassigned, without a change in pay, to serve as a physical education teacher in an elementary school. When the school district denied his grievance seeking reinstatement, Smith sought to appeal to the State Commissioner of Education. The Commissioner may hear a grievance regarding a written employment contract between a school district and its employee if a violation of the contract “causes or would cause monetary harm to the employee.” See Tex. Edue.Code Ann. § 7.057(a)(2)(B) (West 1996). The Commissioner dismissed Smith’s appeal, finding that the alleged violation of his contract did not cause him monetary harm. The district court affirmed that decision. We first affirmed that ruling on the ground that Smith failed to allege facts affirmatively demonstrating monetary harm. (Opinion dated January 11, 2001.) On motion for rehearing, we recognized that the issue of monetary harm had been presented to the Commissioner and held that he erred in dismissing Smith’s appeal for lack of jurisdiction. (Opinion dated March 15, 2001.) However, we granted the motion for rehearing without receiving or seeking a response from appellees, as required by Rule 49.2 of the Texas Rules of Appellate Procedure. See Tex.R.App. P. 49.2. That provoked a second motion for rehearing from appellees who asked us to reconsider the jurisdictional question, which we have done. Now, a majority of the court holds that the issue of monetary harm was properly before the Commissioner and that the Commissioner correctly determined that the contract violation of which Smith complains did not cause him monetary harm as contemplated by section 7.057(a)(2)(B) of the Education Code. We withdraw our earlier opinion and judgment dated March 15, 2001, and substitute this opinion in its stead. We affirm the district court’s judgment affirming the Commissioner’s order dismissing Smith’s appeal for want of jurisdiction.
FACTUAL AND PROCEDURAL BACKGROUND
Smith signed a three-year contract with the school district to be high school athletic coordinator and head football coach from July 1997 through June 2000. The contract provided that Smith would be “subject to assignment and reassignment of positions or duties, additional duties, changes in responsibilities or work, transfers, or reclassification at any time during the contract term.” It further provided that “[n]o right of tenure nor any other contractual obligation, other expectancy of continued employment, or claim of entitlement is created beyond the contract term.”
In October 1997, Smith was relieved of his coaching duties and reassigned as a physical education teacher at Zapata South Elementary School. The district did not change Smith’s pay as a result of the reassignment. Smith filed an administrative grievance, alleging that “[njothing in the contract or elsewhere authorizes [his] purported reassignment to classroom teacher,” and that he had not received notice of any deficiencies in his performance, had not been given an opportunity to respond to any allegations that led to his reassignment, and was “given no due process prior to” his reassignment. Smith contended he had been unlawfully reassigned and sought reinstatement as head [794]*794football coach. Following a grievance conference, the district superintendent denied Smith’s grievance, finding that the contract allowed for Smith’s reassignment and that reinstatement was “not a viable option.”
After the district’s board of trustees denied his grievance in January 1998, Smith filed a petition for review with the Commissioner, contending the reassignment violated his contract and asking to be reinstated. The district answered Smith’s petition, arguing the Commissioner lacked jurisdiction under section 7.057 because Smith had not pled that he had suffered any monetary harm. Smith responded by attaching as proof of monetary harm his affidavit and the affidavits of two high school football coaches and the executive director of the Texas High School Coaches Association, all stating that Smith’s removal as head football coach and athletic director and reassignment as elementary school physical education teacher would harm his prospects of getting another coaching contract in the future. The Commissioner considered this evidence of monetary harm, as required by Bland Independent School District v. Blue, 34 S.W.3d 547, 555 (Tex.2000), in determining whether he had jurisdiction to hear the appeal.
The Commissioner determined that he lacked jurisdiction to hear the appeal. He noted that contract law allows recovery for “natural, probable, and foreseeable” consequences of a breach and “when a contractual breach would cause monetary harm.” Because Texas law does not allow recovery of lost earning capacity for breach of a contract, the Commissioner concluded that “lost earning capacity is not a natural, probable, and foreseeable loss [or] an expected result of a breach of contract.” The Commissioner also noted that Smith could not recover lost earning capacity damages due to the district’s sovereign immunity from tort claims. Smith sought judicial review of the Commissioner’s dismissal,2 and following a hearing, the district court affirmed the Commissioner’s decision. Smith then sought review in this Court.
COMMISSIONER’S JURISDICTION
Before 1995, any person aggrieved by the school laws or an action or decision by any school board or board of trustees could appeal to the Commissioner. See Act of June 6, 1990, 71st Leg., 6th C.S., ch. 1, art. II, § 2.22, 1990 Tex. Gen. Laws 1, 22 (formerly Tex. Educ.Code Ann. § 11.13, since amended); Act of June 30,1984, 68th Leg., 2d C.S., ch. 28, art. I, part D, § 3, 1984 Tex. Gen. Laws 117, 129 (same). The statute was then amended to limit the right of teachers and other employees to appeal to the Commissioner.
§ 7.057. Appeals
(a) Except as provided by Subsection (e), a person may appeal in writing to the commissioner if the person is aggrieved by:
(1) the school laws of this state; or
(2) actions or decisions of any school district board of trustees that violate:
(A) the school laws of this state; or
(B) a provision of a written employment contract between the school district and a school district employee, if a violation causes or would cause monetary harm to the employee.
Tex. Educ.Code Ann. § 7.057(a) (West 1996); see Act of May 27, 1995, 74th Leg., R.S., ch. 260, § 1, 1995 Tex. Gen. Laws 2207, 2215 (amending and recodifying section 11.13 as section 7.057).
In this case, the facts are undisputed and the only question is whether the [795]*795Commissioner correctly interpreted this statute as amended. While the Commissioner’s interpretation of his jurisdiction under this section is not controlling, it does merit serious consideration if it is reasonable and does not contradict the plain language of the statute. Dodd v. Meno,
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ON MOTION FOR REHEARING
BEA ANN SMITH, Justice.
Pete Smith signed a contract with Zapata County Independent School District to serve as a high school football coach and athletic coordinator. Mid-year he was reassigned, without a change in pay, to serve as a physical education teacher in an elementary school. When the school district denied his grievance seeking reinstatement, Smith sought to appeal to the State Commissioner of Education. The Commissioner may hear a grievance regarding a written employment contract between a school district and its employee if a violation of the contract “causes or would cause monetary harm to the employee.” See Tex. Edue.Code Ann. § 7.057(a)(2)(B) (West 1996). The Commissioner dismissed Smith’s appeal, finding that the alleged violation of his contract did not cause him monetary harm. The district court affirmed that decision. We first affirmed that ruling on the ground that Smith failed to allege facts affirmatively demonstrating monetary harm. (Opinion dated January 11, 2001.) On motion for rehearing, we recognized that the issue of monetary harm had been presented to the Commissioner and held that he erred in dismissing Smith’s appeal for lack of jurisdiction. (Opinion dated March 15, 2001.) However, we granted the motion for rehearing without receiving or seeking a response from appellees, as required by Rule 49.2 of the Texas Rules of Appellate Procedure. See Tex.R.App. P. 49.2. That provoked a second motion for rehearing from appellees who asked us to reconsider the jurisdictional question, which we have done. Now, a majority of the court holds that the issue of monetary harm was properly before the Commissioner and that the Commissioner correctly determined that the contract violation of which Smith complains did not cause him monetary harm as contemplated by section 7.057(a)(2)(B) of the Education Code. We withdraw our earlier opinion and judgment dated March 15, 2001, and substitute this opinion in its stead. We affirm the district court’s judgment affirming the Commissioner’s order dismissing Smith’s appeal for want of jurisdiction.
FACTUAL AND PROCEDURAL BACKGROUND
Smith signed a three-year contract with the school district to be high school athletic coordinator and head football coach from July 1997 through June 2000. The contract provided that Smith would be “subject to assignment and reassignment of positions or duties, additional duties, changes in responsibilities or work, transfers, or reclassification at any time during the contract term.” It further provided that “[n]o right of tenure nor any other contractual obligation, other expectancy of continued employment, or claim of entitlement is created beyond the contract term.”
In October 1997, Smith was relieved of his coaching duties and reassigned as a physical education teacher at Zapata South Elementary School. The district did not change Smith’s pay as a result of the reassignment. Smith filed an administrative grievance, alleging that “[njothing in the contract or elsewhere authorizes [his] purported reassignment to classroom teacher,” and that he had not received notice of any deficiencies in his performance, had not been given an opportunity to respond to any allegations that led to his reassignment, and was “given no due process prior to” his reassignment. Smith contended he had been unlawfully reassigned and sought reinstatement as head [794]*794football coach. Following a grievance conference, the district superintendent denied Smith’s grievance, finding that the contract allowed for Smith’s reassignment and that reinstatement was “not a viable option.”
After the district’s board of trustees denied his grievance in January 1998, Smith filed a petition for review with the Commissioner, contending the reassignment violated his contract and asking to be reinstated. The district answered Smith’s petition, arguing the Commissioner lacked jurisdiction under section 7.057 because Smith had not pled that he had suffered any monetary harm. Smith responded by attaching as proof of monetary harm his affidavit and the affidavits of two high school football coaches and the executive director of the Texas High School Coaches Association, all stating that Smith’s removal as head football coach and athletic director and reassignment as elementary school physical education teacher would harm his prospects of getting another coaching contract in the future. The Commissioner considered this evidence of monetary harm, as required by Bland Independent School District v. Blue, 34 S.W.3d 547, 555 (Tex.2000), in determining whether he had jurisdiction to hear the appeal.
The Commissioner determined that he lacked jurisdiction to hear the appeal. He noted that contract law allows recovery for “natural, probable, and foreseeable” consequences of a breach and “when a contractual breach would cause monetary harm.” Because Texas law does not allow recovery of lost earning capacity for breach of a contract, the Commissioner concluded that “lost earning capacity is not a natural, probable, and foreseeable loss [or] an expected result of a breach of contract.” The Commissioner also noted that Smith could not recover lost earning capacity damages due to the district’s sovereign immunity from tort claims. Smith sought judicial review of the Commissioner’s dismissal,2 and following a hearing, the district court affirmed the Commissioner’s decision. Smith then sought review in this Court.
COMMISSIONER’S JURISDICTION
Before 1995, any person aggrieved by the school laws or an action or decision by any school board or board of trustees could appeal to the Commissioner. See Act of June 6, 1990, 71st Leg., 6th C.S., ch. 1, art. II, § 2.22, 1990 Tex. Gen. Laws 1, 22 (formerly Tex. Educ.Code Ann. § 11.13, since amended); Act of June 30,1984, 68th Leg., 2d C.S., ch. 28, art. I, part D, § 3, 1984 Tex. Gen. Laws 117, 129 (same). The statute was then amended to limit the right of teachers and other employees to appeal to the Commissioner.
§ 7.057. Appeals
(a) Except as provided by Subsection (e), a person may appeal in writing to the commissioner if the person is aggrieved by:
(1) the school laws of this state; or
(2) actions or decisions of any school district board of trustees that violate:
(A) the school laws of this state; or
(B) a provision of a written employment contract between the school district and a school district employee, if a violation causes or would cause monetary harm to the employee.
Tex. Educ.Code Ann. § 7.057(a) (West 1996); see Act of May 27, 1995, 74th Leg., R.S., ch. 260, § 1, 1995 Tex. Gen. Laws 2207, 2215 (amending and recodifying section 11.13 as section 7.057).
In this case, the facts are undisputed and the only question is whether the [795]*795Commissioner correctly interpreted this statute as amended. While the Commissioner’s interpretation of his jurisdiction under this section is not controlling, it does merit serious consideration if it is reasonable and does not contradict the plain language of the statute. Dodd v. Meno, 870 S.W.2d 4, 7 (Tex.1994); Spring Indep. Sch. Dist. v. Dillon, 683 S.W.2d 832, 841 (Tex.App.—Austin 1984, no writ).
The Commissioner has jurisdiction to hear a grievance when the alleged violation of an employment contract causes or would cause monetary harm. The only monetary harm Smith alleged was a future loss of earning capacity, a proper measure of damages for a tort action but not for a contract violation. Damages flowing from a breach of contract are governed by different theories than are tort damages. Contract damages award the non-breaching party the value of the expected contractual bargain, while tort damages compensate an injured party for loss caused by the alleged tort. See P.G. Lake, Inc. v. Sheffield, 438 S.W.2d 952, 955 (Tex.Civ.App.—Tyler 1969, writ ref'd n.r.e.); 28 Tex. Jur.3d Damages § 74 (1996). The Commissioner correctly noted that a school district cannot be held liable for tort damages. Barr v. Bernhard, 562 S.W.2d 844, 846 (Tex.1978). Moreover, the Commissioner correctly disregarded future loss of earning capacity as a monetary harm that might be caused by a violation of a teacher’s employment contract.
Smith does not claim that his reassignment will diminish the economic benefit he bargained for under his present employment contract; he cannot assert such a claim because his salary was not reduced. Instead, he claims he will suffer monetary harm in the future because he will likely be unable to enter into new employment contracts as a high school coach. To appeal to the Commissioner under section 7.057, a teacher must allege that he has suffered or will suffer monetary harm in the context of the contract that has been violated, not that he may suffer harm from contracts that he may or may not secure in the future. See Tex. Educ.Code Ann. § 7.057(a)(2)(B). We affirm the Commissioner’s dismissal because Smith did not allege monetary harm that was caused by a failure to receive the economic benefit for which he had bargained under the terms of his present employment contract. Nothing in section 7.057(a)(2)(B) refers to future monetary losses under other contracts.
This decision concerns Smith’s right to appeal his reassignment, not his right to recover for his alleged loss of earning capacity. Indeed, Smith seeks only reinstatement, not monetary damages. He alleges monetary harm solely to avoid the restriction on appeals set forth in section 7.057. However, there is no automatic right to appeal an administrative decision that does not violate the appealing party’s constitutional rights; such a right to appeal exists only if legislatively granted. See Firemen’s & Policemen’s Civil Serv. Comm’n v. Kennedy, 514 S.W.2d 237, 239 (Tex.1974); United Indep. Sch. Dist. v. Gonzalez, 911 S.W.2d 118, 122 (Tex.App.—San Antonio 1995), writ denied per curiam, 940 S.W.2d 593 (Tex.1996). In 1995, the legislature significantly restricted a teacher’s right to appeal adverse school district decisions. See Act of May 27, 1995, 74th Leg., R.S., ch. 260, § 1, 1995 Tex. Gen. Laws 2207, 2215. Before a grievance can be brought to the Commissioner, the incident complained of must violate a school law or breach a written employment contract in a way that causes or would cause monetary harm. Tex. Educ.Code Ann. § 7.057(a). This limitation of the right to appeal may deprive teachers of meaningful review of many school district decisions, but that is a matter left to the discretion of the legislature. [796]*796This Court must interpret the intent of the legislature as expressed in the plain language of a statute; we do not sit to assess the wisdom or desirability of the legislative act. There is no question that by drafting section 7.057 the legislature intended to limit the number of grievances that the Commissioner could hear.3
Smith would expand “monetary harm” as used in section 7.057 to include lost earning capacity or injury to reputation, measures not traditionally used to assess harm flowing from a breach of contract. Under this definition, any employee of a school district could allege some future or speculative monetary harm associated with an adverse school district decision in order to bring the grievance before the Commissioner. Allowing employees to “create” jurisdiction under section 7.057(a)(2)(B) by alleging monetary harm not directly caused by a violation of an employment contract, damages they do not even seek to recover, would thwart the legislature’s attempt to limit appeals to the Commissioner.
CONCLUSION
To confer jurisdiction on the Commissioner to hear a grievance, an employee must allege monetary harm reflecting a loss of the economic benefit of the bargain under his written employment contract. A loss of future earning capacity is not the kind of monetary harm contemplated by section 7.057(a)(2)(B). The Commissioner properly found he lacked jurisdiction over Smith’s appeal, and the district court properly affirmed that decision. We affirm the district court’s judgment.