Tarkington Independent School District v. Ellis

200 S.W.3d 794, 2006 WL 2289837
CourtCourt of Appeals of Texas
DecidedAugust 31, 2006
Docket09-06-139 CV
StatusPublished
Cited by2 cases

This text of 200 S.W.3d 794 (Tarkington Independent School District v. Ellis) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tarkington Independent School District v. Ellis, 200 S.W.3d 794, 2006 WL 2289837 (Tex. Ct. App. 2006).

Opinions

OPINION

HOLLIS HORTON, Justice.

The central issue in this case is whether Texas law mandates the expulsion of a student for unknowingly possessing a weapon on a school district’s property. We hold that the Texas Education Code permits school districts to decline to expel students for unknowingly possessing prohibited weapons if the districts have adopted intent as a factor in expulsion decisions. Based on the transcript of the expulsion hearing in this case, the trial court could have reasonably concluded that the Tarkington Independent School District’s hearing officer erroneously thought the Texas Education Code mandated a student’s expulsion for unknowingly possessing a prohibited weapon. Because the trial court could have concluded that the hearing officer made an error of law, the trial court did not abuse its discretion in granting the student’s request for a temporary injunction.

Background

The Tarkington Independent School District (“District”) appeals from the trial court’s temporary injunction order of March 20, 2006. In its order, the trial court prohibited the District from continuing to enforce an order that expelled J.M. for possession of a prohibited weapon.

The District’s expulsion order states that J.M., “on February 14, 2006, was found to be in possession of an illegal weapon (knuckles) while on the Tarkington High School campus.” The District expelled J.M. for one day, February 24, 2006, and placed him in an alternative school in Liberty, Texas, through the end of the school’s 2005-2006 term.

On March 2, 2006, J.M. filed suit in Liberty County, Texas, and requested that the court vacate the expulsion order and direct the District to fully readmit him. On March 10, 2006, the trial court entered a temporary restraining order requiring the District to desist from enforcing its expulsion order and to enroll J.M. as a student in the District “without any limitation and with the full rights of any student in good standing.” The trial court converted the temporary restraining order to a temporary injunction on March 20, 2006.

This appeal is accelerated. See Tex. Civ. Prac. & Rem.Code Ann. § 51.014(a)(4) (Vernon Supp.2005) (authorizing accelerated appeals from temporary injunctions); Tex.R.App. P. 28.1. The District contends that: (1) it may hold a student responsible for possessing a prohibited weapon without proving that he knew the weapon was in his vehicle; (2) the trial court failed to give proper credit to the testimony of the high school principal about J.M.’s knowledge that the weapon was in his truck; and (3) the trial court improperly granted a temporary injunction.

The Texas Education Code and the District’s Rules on Possession of Weapons

During a routine check of the District’s parking lot, a drug dog alerted on J.M.’s truck. J.M. consented to a search of his truck. During the search, a police officer [797]*797found brass knuckles in the pickup’s glove compartment. Brass knuckles are “prohibited weapons” under chapter 37 of the Texas Education Code. Chapter 37 further dictates a school district’s actions when the district finds such a weapon. In such circumstances,

(a) [a] student shall be expelled from a school if the student, on school property or while attending a school-sponsored or school-related activity on or off of school property:
(1) uses, exhibits, or possesses:
(A) a firearm as defined by Section 46.01(3), Penal Code;
(B) an illegal knife as defined by Section 46.01(6), Penal Code, or by local policy;
(C) a club as defined by Section 46.01(1), Penal Code; or
(D) a weapon listed as a prohibited weapon under Section 46.05, Penal Code[J

Tex. Educ.Code Ann. § 37.007 (Vernon 2006). While section 37.007 relies on Penal Code definitions for various types of prohibited weapons, the section does not similarly refer to the Penal Code for definitions of the terms “uses, exhibits, or possesses.” Further, the Education Code does not define these terms.

At the beginning of the school year, the District gave each student, including J.M., a copy of the Student Code of Conduct. The District’s Student Code tracks the language of the Education Code and advises that a student must be expelled for using, exhibiting or possessing knuckles, as defined by the Penal Code.

The Texas Education Code requires school districts to promulgate student codes of conduct. Tex. Educ.Code Ann. § 37.001 (Vernon 2006). As amended in 2005, Section 37.001 of the Texas Education Code currently provides, in pertinent part, that in addition to establishing conduct standards, the student code of conduct must also:

(3) outline conditions under which a student may be suspended as provided by Section 37.005 or expelled as provided by Section 37.007;
(4) specify whether consideration is given, as a factor in a decision to order suspension, removal to a disciplinary alternative education program, or expulsion, to:
(A) self-defense;
(B) intent or lack of intent at the time the student engaged in the conduct;
(C) a student’s disciplinary history; or
(D) a disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct[.]

Tex. Educ.Code Ann. § 37.001(a) (Vernon 2006). Pursuant to these provisions, the District’s Student Code included the intent factor, and states: “In deciding whether to order expulsion, the district will take into consideration: (1.) Self-defense [], (2.) Intent or lack of intent at the time the student engaged in the conduct, and (3.) The student’s disciplinary history.”

Following the search of J.M.’s pickup, the District’s principal, Robert Shaw, recommended suspension for three days and placement in an alternative education program pending a hearing. Subsequently, the District provided a hearing before a person designated by the Board of Trustees to “consider and if appropriate to take action on the proposed expulsion of J.M. for up to the rest of the school year for possession of an illegal weapon.” See Tex. Educ.Code Ann. § 37.009(f) (Vernon 2006).

[798]*798 The Expulsion Hearing

At the expulsion hearing, Mr. Shaw recommended that J.M. be expelled for the remainder of the school year and be placed in an alternative education program. Mr. Shaw also testified that under the District’s Student Code of Conduct, a student is responsible for the contents of his vehicle whether or not he knew of a weapon’s presence. Mr. Shaw explained that the District’s Student Code mandates expulsion for possession of prohibited weapons such as knuckles. In support of his interpretation of “possession,” Mr.

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Related

Untitled Texas Attorney General Opinion
Texas Attorney General Reports, 2016
Tarkington Independent School District v. Ellis
200 S.W.3d 794 (Court of Appeals of Texas, 2006)

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200 S.W.3d 794, 2006 WL 2289837, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tarkington-independent-school-district-v-ellis-texapp-2006.