Authority, Jurisdiction, and Remedies for Students within School Law Appeals: Why the Texas Commissioner of Education Now Possesses None of the Above

Authority, Jurisdiction, and Remedies for Students within School Law Appeals: Why the Texas Commissioner of Education Now Possesses None of the Above examines the conflicting decisions of the Texas Supreme Court in Clint and McIntyre, which have created uncertainty regarding the exhaustion of administrative remedies in school law cases. While Clint established a clear precedent requiring exhaustion for constitutional claims related to school funding, McIntyre allowed such claims to bypass administrative channels, leading to inconsistency. The article advocates for a bright-line rule, as in Clint, to restore clarity and prevent unnecessary litigation, arguing that McIntyre undermines the exhaustion doctrine and the Commissioner of Education's authority.