DOCKET NO. 005-R5-996
CARA K., BNF MRS. ROLF K.§ BEFORE THE
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V.§ COMMISSIONER OF EDUCATION
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WALLIS-ORCHARD INDEPENDENT§
SCHOOL DISTRICT§THE STATE OF TEXAS
DECISION OF THE COMMISSIONER
Statement of the Case
Petitioner Cara K., by her next friend, Mr. and Mrs. Rolf K., requesting that Respondent, Wallis-Orchard Independent School District, pay for psychological counseling. Petitioner filed a Title IX complaint, alleging that she was sexually harassed by her peers.
Joan Howard Allen is the Administrative Law Judge appointed by the Commissioner of Education. Petitioner appears through her next friend. Respondent is represented by Jeff Matthews, Attorney at Law, Brenham, Texas.
On March 17, 1997, the Administrative Law Judge issued a Proposal for Decision recommending that Petitioner’s appeal be dismissed for failure to state a claim for which relief can be granted. No exceptions were filed.
Findings of Fact
After due consideration of the evidence and matters officially noticed, in my capacity as Commissioner of Education, I make the following Findings of Fact:
1.Cara K. is a student of Wallis-Orchard Independent School District.
2.Petitioner appeals the decision of Respondent involving Petitioner’s complaint that the district is in violation of Title IX and that Respondent is violating an early complaint resolution negotiated with the Office of Civil Rights. Title IX is not part of the school laws of the state, as that term is defined in Tex. Educ. Code §7.057.
3.Petitioner’s appeal does not involve the school laws of the state or an action or decision of the board of trustees that violates the school laws of the state.
Discussion
Petitioner has failed to state a claim under Tex. Educ. Code §7.057. Further, the Commissioner is without jurisdiction to enforce a settlement between the parties.
Conclusions of Law
After due consideration of the record, matters officially noticed, and the foregoing Findings of Fact, in my capacity as Commissioner of Education, I make the following Conclusions of Law:
1.The Commissioner of Education has jurisdiction to determine his jurisdiction over the instant matter pursuant to Tex. Educ. Code Section 7.057.
2.Petitioner has failed to state a claim for which relief can be granted under Tex. Educ. Code §7.057.
3.The Commissioner is without jurisdiction to enforce settlements negotiated by the Office of Civil Rights.
4.Petitioner’s appeal should be DISMISSED for failure to state a claim for which relief can be granted.
O R D E R
After due consideration of the record, matters officially noticed, and the foregoing Findings of Fact and Conclusions of Law, in my capacity as Commissioner of Education, it is hereby,
ORDERED that Petitioner’s appeal be, and is hereby, DISMISSED for failure to state a claim for which relief can be granted.
SIGNED AND ISSUED this ______day of ______, 1997.
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MIKE MOSES
COMMISSIONER OF EDUCATION
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