the Texas Education Agency and Mike Morath, Commissioner of Education, in His Official Capacity v. Academy of Careers and Technologies, Inc. D/B/A Academy of Careers and Technologies Charter School

Opinion

ACCEPTED 03-15-00570-CV 7160146 THIRD COURT OF APPEALS AUSTIN, TEXAS 03-15-00528-CV 9/30/2015 10:11:38 AM JEFFREY D. KYLE CLERK No. 03-15-00570-CV

In the Court of Appeals FILED IN 3rd COURT OF APPEALS For the Third Judicial District AUSTIN, TEXAS Austin, Texas 9/30/2015 10:11:38 AM JEFFREY D. KYLE Clerk

TEXAS EDUCATION AGENCY AND MICHAEL WILLIAMS, COMMISSIONER OF EDUCATION, IN HIS OFFICIAL CAPACITY, APPELLANTS

V.

IN RE ACADEMY OF CAREERS AND TECHNOLOGY, INC. D/B/A ACADEMY OF CAREERS AND TECHNOLOGIES CHARTER SCHOOL, Appellee

On Accelerated Appeal from the 200th Judicial District Court of Travis County, Texas Cause No. D-1-GN-15-002879

RESPONSE TO APPELLEE’S MOTION TO DISMISS ACCELERATED APPEAL FOR WANT OF PROSECUTION

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellants, the Texas Education Agency and Michael L. Williams,

Commissioner of Education, in his Official Capacity, (collectively “TEA”) filed

a Notice of Accelerated Appeal of the trial court’s denial of its Plea to the

Jurisdiction and grant of Appellee’s Request for Temporary Injunction on August

21, 2015, the date the parties received a letter order from the 200th District Court of Travis County, the Honorable Gisela D. Triana presiding, pursuant to TEXAS

CIVIL PRACTICE & REMEDIES CODE § 51.014(a)(4) and (8).

On or about September 1, 2015, Appellee filed a Motion to Dismiss

Appellants’ Accelerated Appeal arguing that it was premature because the trial

court had not yet signed an order.

The trial court signed the order granting Appellee’s Temporary Injunction

and denying Appellants’ Plea to the Jurisdiction on September 3, 2015. CR at

440-441. On September 2, 2015, Appellants filed an Amended Notice of

Accelerated Appeal and Notice of Automatic Stay and attached the letter order

signed by Judge Triana. CR at 436-439. After they received the signed Order,

Appellants filed a Supplemental Notice of Accelerated Appeal and Notice of

Automatic Stay, attaching the order signed by Judge Triana. Ex. A. Thus,

Appellants’ perfected their right to this interlocutory appeal and the Court should

deny Appellee’s Motion to Dismiss.

2 Respectfully submitted,

KEN PAXTON Attorney General of Texas

CHARLES E. ROY First Assistant Attorney General

JAMES E. DAVIS Deputy Attorney General for Civil Litigation

ANGELA V. COLMENERO Division Chief - General Litigation

/s/ Erika M. Laremont ERIKA M. LAREMONT State Bar No. 24013003 Assistant Attorney General General Litigation Division Post Office Box 12548, Capitol Station Austin, Texas 78711-2548 512-463-2120 (Telephone) 512-320-0667 (Facsimile) erika.laremont@texasattorneygeneral.gov

ATTORNEYS FOR APPELLANTS

3 CERTIFICATE OF SERVICE

On September 30, 2015, this response was served via File&ServeXpress on:

D. Todd Smith 1250 Capital of Texas Highway South Three Cielo Center, Suite 601 Austin, Texas 78746

Stephen M. Foster 9013 Magna Carta Loop Austin, Texas 78754

Counsel for Appellee

/s/ Erika M. Laremont ERIKA M. LAREMONT

4 9/3/2015 4:13:58 PM Velva L. Price District Clerk Travis County CAUSE NO. D-1-GN-15-002879 D-1-GN-15-002879 Patricia Winkler

ACADEMY OF CAREERS AND § IN THE DISTRICT COURT TECHNOLOGIES INC. d/b/a ACADEMY § OF CAREERS AND TECHNOLOGIES § CHARTER SCHOOL § Plaintiff, § § v. § 98th JUDICIAL DISTRICT § TEXAS EDUCATION AGENCY and § MICHAEL WILLIAMS in his Official § Capacity as the Commissioner of Education § Defendants. § TRAVIS COUNTY, TEXAS

DEFENDANTS’ SUPPLEMENTAL NOTICE OF ACCELERATED APPEAL AND NOTICE OF AUTOMATIC STAY

TO THE HONORABLE DISTRICT COURT JUDGE:

Defendants the Texas Education Agency and Michael L. Williams, Commissioner of

Education, in his Official Capacity, (“Defendants”) file this Supplemental Notice of Accelerated

Appeal of the Trial Court’s Letter Order of the 200th District Court of Travis County, the Honorable

Gisela D. Triana presiding, issued August 21, 2015, and Order related thereto signed on September

3, 2015, in the above-referenced cause of action which denied Defendants’ Plea to the Jurisdiction

and granted Plaintiff’s temporary injunction. See Exhibit B.

Defendants are entitled to this interlocutory appeal pursuant to TEX. CIV. PRAC. & REM

CODE REM. CODE § 51.014(a)(4) and (8), which allows appeal from a district court’s interlocutory

order granting a temporary injunction or order denying a governmental unit’s plea to the

jurisdiction.

This appeal involves issues similar to those raised in two other matters involving three

charter schools—American Youthworks Charter School, Honors Academy, and Azleway Charter

EXHIBIT A School —which are currently on appeal in the Court of Appeals for the Third Judicial District,

Austin, Texas, Nos. 03-14-00283-CV and 03-14-00360-CV.

ACCELERATED APPEAL

Pursuant to TEX. R. APP. P. 25.1(d)(6) and 28.1(a), Defendants give notice that this is an

accelerated appeal to the Third District Court of Appeals, as it is an appeal of an interlocutory

order allowed as of right by statute. See TEX. CIV. PRAC. & REM. CODE §§ 51.014(a)(4), (8).

NOTICE OF STAY OF ALL PROCEEDINGS IN TRIAL COURT PENDING RESOLUTION OF THIS APPEAL

Defendants invoke TEX. R. APP. P. § 29.1(b) and TEX. CIV. PRAC. & REM. CODE § 6.001

by this Notice of Accelerated Appeal, thereby staying the Order awarding a temporary injunction.

See Public Utility Com’n of Texas v. Coalition of Cities for Affordable Utility Rates, 776 S.W.2d

221 (Tex.App.—Austin 1989) rev’d on other grounds by 798 S.W.2d 560 (pendency of an appeal

from an order granting interlocutory relief suspends order appealed from when appellant not

required to post bond). In light of Defendants’ denied jurisdictional challenge, they further invoke

TEX. CIV. PRAC. & REM. CODE § 51.014 (b) to stay “all other proceedings in the trial court pending

resolution” of this appeal of the September 3, 2015 Order.

DEFENDANTS ARE NOT REQUIRED TO POST A COST BOND

Notice is further given that pursuant to TEX. CIV. PRAC. & REM. CODE § 6.001,

Defendants are not required to file a bond for court costs. Defendants’ appeal is therefore

perfected upon the filing of the notice of appeal.

/s/ Erika M. Laremont ERIKA M. LAREMONT State Bar No. 24013003 Assistant Attorney General General Litigation Division Post Office Box 12548, Capitol Station Austin, Texas 78711-2548 512-463-2120 (Telephone) 512-320-0667 (Facsimile) erika.laremont@texasattorneygeneral.gov ATTORNEYS FOR DEFENDANTS

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing instrument has been sent via File & ServeXpress and electronic mail on this the 3rd day of September, 2015, to:

D. Todd Smith 1250 Capital of Texas Highway South Three Cielo Center, Suite 601 Austin, Texas 78746

3 EXHIBIT A