Melody Jenkins

EDUC 5387
Case Summary #1
May 1, 2014

Case: Michael H. v. Eagle Mountain I.S.D.

Opinion: Commissioner of Education, May 22, 1996

Petitioners: Michael H., Mary H., Allan E. Parker, San Antonio, Texas

Respondents: Lynn Rossi Scott, Attorney at Law, Arlington, Texas, Eagle Mountain-Saginaw I.S.D.

Case Summary: The petitioner was a fourth grade student who attended Moore Elementary in the Fort
Worth Independent School District. Moore Elementary was rated a low-performing school once in the
three preceding years in 1993. August 29, 1995, the Petitioner requested that he be allowed to attend
Gililland Elementary school in respondent school district. Petitioner was notified that Respondent had
chosen not to accept any students from outside the district. The reason for denial was the districts
enrollment projections and continuing growth. The board of trustees did not create criteria for
accepting or rejecting students based on Public Education Grant program. The district allowed transfers
based on employment of parents with the district, or property owners within the district. All other
cases were denied due to population projections. The petitioners said that the school district
discriminated against academic achievement and socioeconomic status.

Courts Opinion: There was no evidence that the Respondent discriminated against Petitioner based on
academic achievement and socioeconomic status. The Respondent based their decision solely on
population growth and facility availability. The Petitioners appeal is denied.

Judgment: The court ruled in favor of the Respondents.