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.