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HONORS ACADEMY, INC. v. TEXAS EDUC. AGENCY

No. 16-0519.

555 S.W.3d 54 (2018)

HONORS ACADEMY, INC., d/b/a/ Honors Academy and American Youth-Works, Inc., d/b/a American Youth-Works Charter School, Petitioners, v. TEXAS EDUCATION AGENCY and Michael Morath, in His Official Capacity as Texas Commissioner of Education, Respondents.

Supreme Court of Texas.

Opinion Delivered: April 27, 2018.

Rehearing Denied September 28, 2018.

Attorney(s) appearing for the Case

Thomas Anthony Fuller, The Fuller Law Group, PLLC, 2000 E. Lamar Blvd., Suite 600, Arlington, TX 76006, Richard L. Arnett, Richard Arnett, Attorney, LLC, 3262 Nebo Road, Boulder, CO 80302, for Amicus Curiae.

David Jay Campbell, Kevin T. O'Hanlon, Leslie L. McCollom, Susan G. Morrison, O'Hanlon, Demerath & Castillo, 808 West Avenue, Austin, TX 78701, Robert Allen Schulman, Maia K. Levenson, Schulman, Lopez, Hoffer & Adelstein, LLP, 517 Soledad Street, San Antonio, TX 78205-1508, for Petitioners.

Beth E. Klusmann, Assistant Solicitor General, Amanda Joy Cochran-McCall, Brantley D. Star, Deputy First Assistant Attorney General, James E. Davis, Jeffrey C. Mateer, First Assistant Attorney General, Joseph David `Jody' Hughes, Assistant Solicitor General, Scott A. Keller, Solicitor General, Shelley Nieto Dahlberg, General Litigation Division, W. Kenneth Paxton Jr., Attorney General of Texas, Office of the Attorney General, P.O. Box 12548, Austin, TX 78711-2548, for Respondents.

Section 12.115 of the Texas Education Code requires the Commissioner of Education to revoke an open-enrollment charter school's charter after three consecutive years of "an unacceptable performance rating," an unsatisfactory "financial accountability performance rating," or any combination of the...

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