Janie Passel, Petitioners v. Fort Worth Independent School District, Respondents

Summary

The Texas Supreme Court reversed the trial court and Court of Civil Appeals, holding that the lower courts lacked jurisdiction to dismiss the case for lack of authority to consider the constitutionality of Article 301d and that the plaintiffs were not required to exhaust administrative remedies before filing suit. The Court remanded for further proceedings and declined to grant a temporary injunction due to insufficient evidence. Justice Smith dissented, arguing the statute is unconstitutional and urging an injunction.