At page 51 Exhausting administrative remedies before judicial jurisdiction16 citing caseswhere administrative challenge to termination of teacher contract provides same relief as action for breach of that contract, latter is “neither necessary nor permissible
- In Re Zurich Am. Ins. Co. v. the State of Texas, No. 04-26-00339-CV (July 31, 2026).publishedDist., 251 S.W.3d 50, 51 (Tex. 2008).
- Port Arthur Indep. Sch. Dist. v. Dwight Wagner, No. 15-25-00087-CV (Tex. App.—15th Dist. May 29, 2025).published Dist., 251 S.W.3d 50, 51-52 (Tex. 2008) ........13 Poole v. Karnack Indep.
- Anthony D. Colby v. Graphic Arts Mut. Ins. Co. A/K/A Utica Nat'l Ins. Co., No. 07-17-00138-CV (Tex. App.—Amarillo Sept. 11, 2018).publishedDist., 251 S.W.3d 50, 51 (Tex. 2008) (per curiam)).
- North East Indep. Sch. Dist. & Texas Comm'r of Educ. v. Dehann Riou, No. 04-17-00592-CV (Tex. App.—San Antonio July 25, 2018).publishedDist., which stated that if a state agency has exclusive jurisdiction to resolve a dispute, a party must first exhaust administrative remedies before a judicial district court has jurisdiction over the dispute. 251 S.W.3d 50, 51 (Tex. 2008…
- Texas Mut. Ins. Co. v. Noel Vasquez, No. 04-14-00295-CV (Tex. App.—San Antonio May 18, 2015).publishedDist., 251 S.W.3d 50, 51 (Tex. 2008).
- Earline Melendez v. Houston Indep. Sch. Dist. & Connie Berger, 418 S.W.3d 701 (Tex. App.—Houston [14th Dist.] 2013).publishedDist., 251 S.W.3d 50, 51 (Tex.2008) (per curiam).
- Aleman v. Edcouch Elsa Indep. Sch. Dist., 982 F. Supp. 2d 729 (S.D. Tex. 2013).published(where administrative challenge to termination of teacher contract provides same relief as action for breach of that contract, latter is “neither necessary nor permissible)
- Hand & Wrist Ctr. of Houston, P.A. v. SGS Control Servs., Inc., 409 S.W.3d 743 (Tex. App.—Houston [1st Dist.] 2013).publishedDist., 251 S.W.3d 50, 51 (Tex.2008) (per curiam)); see also Duenez, 288 S.W.3d at 906 (“When an agency has exclusive jurisdiction of a dispute, the courts have no jurisdiction until administrative procedures are exhausted.”).
- In Re Texas Mut. Ins. Co., 333 S.W.3d 925 (Tex. App.—Waco 2011).published Dist., 251 S.W.3d 50, 51 (Tex.2008).
- In Re Texas Mut. Ins. Co., 321 S.W.3d 655 (Tex. App.—Houston [14th Dist.] 2010).publishedDist., 251 S.W.3d 50, 51 (Tex.2008) (per curiam).
Show 5 more citing cases
- In Re Liberty Ins. Corp., 321 S.W.3d 630 (Tex. App.—Houston [14th Dist.] 2010).publishedDist, 251 S.W.3d 50, 51 (Tex.2008) (per curiam).
- in Re Texas Mut. Ins. Co., No. 14-10-00104-CV (Tex. App.—Houston [14th Dist.] July 26, 2010).publishedDist. , 251 S.W.3d 50, 51 (Tex. 2008) (per curiam).
- in Re Liberty Ins. Corp. & Michelle Yaklin, No. 14-10-00229-CV (Tex. App.—Houston [14th Dist.] July 16, 2010).publishedDist. , 251 S.W.3d 50, 51 (Tex. 2008) (per curiam).
- Michael Kennedy v. Turner Indus. Grp., LLC, No. 14-09-00377-CV, 2010 WL 1541638 (Tex. App.—Houston [14th Dist.] Apr. 20, 2010).publishedDist. , 251 S.W.3d 50, 51 (Tex. 2008) (per curiam).
- Cunningham Lindsey Claims Mgmt., Inc. v. Snyder, 291 S.W.3d 472 (Tex. App.—Houston [14th Dist.] 2009).publishedDist., 251 S.W.3d 50, 51 (Tex.2008) (per curiam) (citing In re Sw.
At page 52 Determining governing chapter for teacher contract disputes4 citing casesO’Neal’s claim is governed by Chapter 21 because it is an addendum to her teaching contract, was terminated ‘before the end of the contract period,’ and she ‘requested’ an appeal.
- Fort Worth Indep. Sch. Dist. v. Joseph Palazzolo, No. 02-18-00205-CV (Tex. App.—Fort Worth June 13, 2019).published(O’Neal’s claim is governed by Chapter 21 because it is an addendum to her teaching contract, was terminated ‘before the end of the contract period,’ and she ‘requested’ an appeal.)
- Cirilo Garza & Jeanette Garza v. Harlingen Consol. Indep. Sch. Dist., No. 13-21-00345-CV (Tex. App.—Corpus Christi–Edinburg Nov. 17, 2022).publishedDist., 251 S.W.3d 50, 52 (Tex. 2008) (per curiam) (holding the trial court lacked subject matter jurisdiction over the plaintiff’s Chapter 21 claim because the plaintiff failed to exhaust her administrative remedies).
- North East Indep. Sch. Dist. v. Kelley, 277 S.W.3d 442 (Tex. App.—San Antonio 2009).published Dist., 251 S.W.3d 50, 52 (Tex.2008); American Motorists Ins.
- North East Indep. Sch. Dist. v. John Kelley, No. 04-08-00162-CV (Tex. App.—San Antonio Dec. 10, 2008).published Dist., 251 S.W.3d 50, 52 (Tex. 2008); American Motorists Ins.
v.
ECTOR COUNTY INDEPENDENT SCHOOL DISTRICT, Respondent
The Legislature has established administrative procedures with short deadlines to encourage prompt resolution of teacher contract disputes. But appeals and remands may extend those procedures for years, as occurred here. The question presented is whether a teacher may file a parallel suit in state court to avoid a potential limitations bar. Because the administrative remedies here provide the same relief available in collateral litigation, we hold that a second suit is neither necessary nor permissible.
Helen O’Neal was employed by Ector County Independent School District as a teacher under a two-year term contract, and as a volleyball coach under an addendum thereto. The District terminated her coaching (but not her teaching) contract during the contract’s first year. She filed a grievance nine days later, which the school board denied as untimely and the Commissioner of Education affirmed. Two years later, the Travis County District Court reversed, finding her appeal timely as it was governed by the 15-day deadline in Chapter 21 of the Texas Education Code. Tex. Eduo.Code §§ 21.251(a)(2), 21.253. Neither party appealed that ruling, and the proceedings were remanded to the Commissioner. Three years later, the Commissioner found the District had violated O’Neal’s right to a Chapter 21 hearing on termination and remanded to the Board for factual findings necessary to determine her recovery.
Meanwhile, shortly before the fourth anniversary of the administrative proceedings O’Neal filed this breach of contract action in Ector County “to preserve and protect the four-year statute of limitations for such claims.” The Board filed a plea to the jurisdiction asserting failure to exhaust administrative remedies, which the trial court granted. The court of appeals affirmed, declining to address whether limitations might bar O’Neal’s damage claims. 221 S.W.3d 286, 291-92. Because those claims are already part of the administrative proceedings, we affirm the court of appeals’ judgment, though for different reasons.
If an agency has exclusive jurisdiction to resolve a dispute, a party must first exhaust administrative remedies before a trial court has subject matter jurisdiction. In re Sw. Bell Tel. Co., L.P., 235 S.W.3d 619, 624-25 (Tex.2007). O’Neal does not dispute that the Board and Commissioner have exclusive jurisdiction of this dispute, and concedes she must exhaust her administrative remedies. See Tex. Eduo.Code §§ 21.251-260, 21.301-[*52] .307 (providing for hearings and appeal to Commissioner if term contract is terminated). Until exhaustion occurs, a trial court generally must dismiss related litigation without prejudice. Subaru of Am., Inc. v. David McDavid Nissan, Inc., 84 S.W.3d 212, 227 (Tex.2002); Tex. Educ. Agency v. Cypress-Fairbanks I.S.D., 830 S.W.2d 88, 90 (Tex.1992).
O’Neal says her case should be different because no one can award her damages under the controlling statute, section 7.057 of the Education Code. See Cypress-Fairbanks I.S.D., 830 S.W.2d at 91. We agree that if an agency has exclusive jurisdiction of some claims but no jurisdiction of others, a trial court may abate its own case until the administrative proceedings are concluded. Subaru, 84 S.W.3d at 221; Am. Motorists Ins. Co. v. Fodge, 63 S.W.3d 801, 805 (Tex.2001).
But the procedures here are not governed by Chapter 7 but by Chapter 21 of the Education Code. Section 7.057 expressly provides that it “does not apply” to teacher contract disputes. See Tex. Educ. Code § 7.057(e)(1). O’Neal’s claim is governed by Chapter 21 because it is an addendum to her teaching contract, was terminated “before the end of the contract period,” and she “requested” an appeal. See id. § 21.251(a)(2). Under that chapter, available remedies include reinstatement, back pay, and employment benefits. See id. §§ 21.257(b), 21.304(e).
Because Chapter 21 expressly grants administrative jurisdiction to award O’Neal damages, she did not have to file a separate suit in another court to obtain them. Moreover, Chapter 21 provides its own deadlines for appeal to the trial court, see id. § 21.307(b), so the general limitations period does not apply. No matter how long the administrative proceedings take, O’Neal’s damage claims will not be time-barred so long as she continues to meet the Chapter 21 deadlines.
Accordingly, without hearing oral argument, see Tex.R.App. P. 59.1, we affirm the court of appeals’ judgment dismissing O’Neal’s suit for the reasons stated above.