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DOCKET NO.

019-R10-03-2016
RICHARD D. YOUNG,
Petitioner,
v.
DALLAS INDEPENDENT SCHOOL
DISTRICT,
Respondent.

BEFORE THE STATE

COMMISSIONER OF EDUCATION

STATE OF TEXAS

RESPONDENT DALLAS INDEPENDENT SCHOOL DISTRICTS


AGREED MOTION TO REMAND
TO THE HONORABLE COMMISSIONER OF EDUCATION:
COMES NOW Respondent Dallas Independent School District (Dallas ISD or the
District) and files this Agreed Motion to Remand the above-captioned matter, and in support
thereof, Dallas ISD would respectfully show the following:
1.

Dallas ISD hand-delivered its notice of termination of Petitioner Richard Youngs

(Petitioner or Young) probationary contract (the Termination Notice) on May 20, 2015 at
the Districts Employee Relations Department.1
2.

Although Mr. Young admits that he received actual notice of his termination on

May 20, 2015, he contends that notice was improper under Texas Education Code 21.103.
Young asserts that he did not learn of the purported defect in Dallas ISDs delivery of the
Termination Notice until December 29, 2015.2

See LR p. 3, Second Am. Pet. p. 1, Am. Pet. p. 4, and Pet. p. 2.

See Second Am. Pet. p. 1.

RESPONDENT DALLAS INDEPENDENT SCHOOL DISTRICTS AGREED MOTION TO REMAND

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3.

Young filed a grievance complaining of a purported defect in Dallas ISDs

delivery of the Termination Notice on January 4, 2016 (the January 4, 2016 Grievance).3
4.

By letter dated February 4, 2016, Dallas ISD advised Young that his January 4,

2016 Grievance was not grievable because he had already grieved his termination and a
Subcommittee of Dallas ISDs Board of Trustees had already conducted a Level III hearing and
ruled on his prior termination grievance.4
5.

On or about March 12, 2016, Young filed his Petition for Review. On April 20,

2016, Dallas ISD filed its Plea to the Jurisdiction, Motion to Dismiss, and Original Answer.
Thereafter, on May 12, 2016, the Administrative Law Judge issued an Order Denying
Respondents Plea to the Jurisdiction and Motion to Dismiss and affording Mr. Young the
opportunity to re-plead. On June 3, 2016, Mr. Young filed his Second Amended Petition for
Review.
6.

As evidenced by the February 4, 2016 letter, Dallas ISD believed that its Board

had already heard and ruled on Mr. Youngs termination and, thus, did not allow his grievance to
proceed. In light of the May 12, 2016 Order, Dallas ISD would ask the Administrative Law
Judge to remand this case back to Dallas ISD to allow Mr. Youngs January 4, 2016 Grievance
to proceed through the Districts internal grievance process.
7.

Neither this Motion, nor Dallas ISDs offer to reinstate the grievance process is to

be construed as a waiver of any rights or defenses Dallas ISD has previously asserted, including
those asserted in its April 20, 2016 Plea to the Jurisdiction and Motion to Dismiss.

See LR pp. 1-4 and Second Am. Pet. p. 3.

Youngs appeal of his other grievance of his termination remains pending before the Commissioner under
Docket No. 054-R10-08-2015.

RESPONDENT DALLAS INDEPENDENT SCHOOL DISTRICTS AGREED MOTION TO REMAND

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8.

On June 9, 2016, Dallas ISD sent a draft of this Motion to Mr. Young and noted

its willingness to allow his January 4, 2016 grievance to proceed under its internal grievance
process. Mr. Young indicated that he AGREES to this Motion and the relief sought herein.
WHEREFORE, PREMISES CONSIDERED, Respondent Dallas Independent School
District prays that this Motion to Remand be granted, and that this matter be remanded so that
Petition Richard D. Youngs January 4, 2016 Grievance may proceed through the Districts
internal grievance process.
Respectfully submitted,
/s/ Kathryn E. Long
CARLOS G. LOPEZ
clopez@thompsonhorton.com
State Bar No. 12562953
KATHRYN E. LONG
klong@thompsonhorton.com
State Bar No. 24041679
VAN PHAM
vpham@thompsonhorton.com
State Bar No. 24037275
THOMPSON & HORTON LLP
Ross Tower
500 North Akard Street, Suite 2550
Dallas, Texas 75201
(972) 853-5115 Telephone
(972) 692-8334 Facsimile
Attorneys for Respondent Dallas
Independent School District

RESPONDENT DALLAS INDEPENDENT SCHOOL DISTRICTS AGREED MOTION TO REMAND

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CERTIFICATE OF CONFERENCE
The undersigned herby certifies that she conferred with Petitioner Richard Young and
sent him a draft copy of this Motion on June 9, 2016. Mr. Young agreed, via e-mail, to this
Motion and the relief requested herein.
/s/ Kathryn E. Long
Kathryn E. Long

CERTIFICATE OF SERVICE
The undersigned herby certifies that a true and correct copy of this document has been
served upon Petitioner via e-mail and Certified Mail, Return Receipt Requested on this 14th day
of June, 2016.
Richard Young
4539 Lake Avenue, #345
Dallas, TX 75219
YoungRichardD@yahoo.com

/s/ Kathryn E. Long


Kathryn E. Long

797809

RESPONDENT DALLAS INDEPENDENT SCHOOL DISTRICTS AGREED MOTION TO REMAND

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