The Texas Court of Appeals recently ruled in the case of Laura McClelland v. Mike Morath, Commissioner of Education, and Weatherford Independent School District, affirming the school district's policy that allows assault leave and temporary disability leave to run concurrently. This decision affects teachers and school employees who may find themselves in similar situations, emphasizing the legal interpretations of leave policies under the Texas Education Code.
The dispute arose after McClelland, a teacher at Weatherford Independent School District (WISD), was assaulted by a student in November 2022. Following the incident, she sought to take leave under the Texas Education Code, which provides specific protections for educators who are physically assaulted while performing their duties. The court's ruling clarifies how different types of leave can interact, particularly regarding assault leave and temporary disability leave.
In March 2023, McClelland began taking intermittent assault leave due to the injuries she sustained from the assault. As her condition worsened, she requested continuous assault leave starting in the 2023 school year, which prompted WISD to inform her that her Family Medical Leave Act (FMLA) leave would run concurrently with her assault leave. McClelland disputed this policy, claiming that it violated the Texas Education Code, which she argued should allow her to take assault leave independently of other types of leave.
The case proceeded through various grievance levels within WISD, ultimately leading to an appeal to the Commissioner of Education after her complaints were denied. The Commissioner ruled that WISD's policy did not violate the Education Code, and McClelland subsequently sought judicial review in the Travis County District Court. The district court upheld the Commissioner's decision, which led to the appeal to the Texas Court of Appeals.
The court ruled that WISD did not act in violation of the Texas Education Code by requiring that McClelland's temporary disability leave run concurrently with her assault leave. The opinion stated, "We conclude that section 22.003(b) does not restrict a school district from running assault leave concurrently with a leave of absence for a temporary disability." This ruling was made by a panel that included Chief Justice Brister and Justices Field and Farris.
The court's decision is significant as it establishes that school districts can require that different types of leave run concurrently, particularly in cases involving assault leave. This interpretation is based on the understanding that the Texas Education Code allows for such policies, and it emphasizes the importance of statutory language in determining employee rights.
Moving forward, this ruling may influence how school districts across Texas handle leave policies for employees who are assaulted while on the job. It sets a precedent that could affect future cases involving similar disputes over leave entitlements and the interplay between different types of leave. Educators and school employees may need to be aware of how their leave policies are structured and what rights they have under the law.
As for what’s next, it is unclear if McClelland will appeal the decision further, but the ruling from the Texas Court of Appeals is currently final. There may also be related cases pending that could further clarify the application of leave policies in educational settings, but details were not available in the court filing.