Thursday, October 16, 2014

Dallas ISD Superintendent Mike Miles use of school police to remove an elected Trustee from a public middle school violates the Texas Education Code

Texas Education Code
Section 11.151(c)
"All rights and titles to the school property of the district, whether real or personal, shall be vested in the trustees and their successors in office..."
Under the Texas Education Code, elected Trustees are the owners of all school property, not Superintendent Mike Miles. 

The Superintendent is an employee of the Board of Trustees and has no superior right to remove any Trustee from any public school property.

It does not matter what the Superintendent was doing in the facility. 

An elected Trustee has a right to access all school property and cannot be removed from the school property by Superintendent Miles, the school police or any school employee if the facility is being used for any school meeting or activity.

The police removal of a Trustee violates the property ownership rights of Trustees clearly stated in the Texas Education Code (Section 11.151(c) and Board Policy BAA (LEGAL)

This is a very serious abuse of the Superintendent's authority as an employee of the democratically elected Board of Trustees and provides  "good cause" for termination.

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V. Termination of Employment Contract: The Board may dismiss the Superintendent for good cause as that term is applied to term contract employees under Texas Law...Examples of  "good cause" include, but are not limited to: c. Insubordination... t. failure to take steps to maintain an effective working relationship, or maintain good rapport with parents, the community, staff, or the Board.

W. Any other reason constituting "good cause" under Texas law as it applies to term contract employees, as determined by the Board.


Dallas ISD
Board Policy
BAA(LEGAL)
"District Property - The Board may acquire and hold real and personal property in the name of the district. All rights and titles to the school property of the District, whether real or personal, shall be vested in the trustees and their successors in office. education Code 11.151(a),(c) [See CHG]"
V. Termination of Employment Contract: The Board may dismiss the Superintendent for good cause as that term is applied to term contract employees under Texas Law...Examples of  "good cause" include, but are not limited to: c. Insubordination... t. failure to take steps to maintain and effective working relationship, or maintain good rapport with parents, the community, staff, or the Board

http://www.dallasisd.org/cms/lib/TX01001475/Centricity/Domain/1/MMiles_Contract.pdf
V. Termination of Employment Contract: The Board may dismiss the Superintendent for good cause as that term is applied to term contract employees under Texas Law...Examples of  "good cause" include, but are not limited to: c. Insubordination... t. failure to take steps to maintain and effective working relationship, or maintain good rapport with parents, the community, staff, or the Board

http://www.dallasisd.org/cms/lib/TX01001475/Centricity/Domain/1/MMiles_Contract.pdf