Texas Supreme Court
Van Independent School District, Petitioner v. Scott A. McCarty, Respondent
May 27, 200548 Tex. Sup. Ct. J. 776
Summary
The Texas Supreme Court held that failure to exhaust administrative remedies by missing a non‑statutory seven‑day grievance deadline is a jurisdictional defect that deprives the trial court of subject‑matter jurisdiction, and therefore reversed the Court of Appeals and dismissed the case. Justice O’Neill dissented, arguing that the Board’s hearing waived the deadline and that the district court had jurisdiction.