Citizens of Bevil Oaks v. Beaumont ISD - 031-R6-07-2017



TEA DOCKET NO. 031-R6-07-2017CITIZENS OF BEVIL OAKS, §BEFORE THE§ Petitioners,§§ §v.§COMMISSIONER OF EDUCATION§§BEAUMONT INDEPENDENT§SCHOOL DISTRICT,§ Respondent§STATE OF TEXASAGREED ORDER OF ANNEXATION AND DETACHMENTON THIS DAY, came on to be heard the above-styled annexation and detachment appeal in accordance with Texas Education Code §13.051(j). The parties, having waived the right to a hearing under Chapter 13 of the Texas Education Code and having agreed to the approval of the petition, now present this Agreed Order of Annexation and Detachment for consideration and adoption by the Commissioner.Statement of the CasePetitioners, consisting of a majority of the resident citizens of the City of Bevil Oaks (“Bevil Oaks”) contested the disapproval of their petition by Respondent, Beaumont Independent School District (“Beaumont ISD,” “BISD” and/or the “District”). The same petition was approved by the Hardin-Jefferson Independent School District (“H-JISD”). Petitioners are represented by William C. Bednar, Attorney at Law, Austin, Texas. Respondent is represented by Miles T. Bradshaw, Attorney at Law, Nacogdoches, Texas.Agreed Findings of Fact and Conclusions of LawBevil Oaks and BISD agree to the following findings of fact and conclusions of law. To the extent any finding of fact is considered a conclusion or vice versa by the Commissioner, the parties agree to such designation.Findings of FactA majority of the registered voters residing within the boundaries of the City of Bevil Oaks (the “Affected Territory”) signed the petition for annexation and detachment (the “Petition”). The Petition has not been signed by any member of the BISD Board of Managers. The Petition contains a metes and bounds description of the boundaries of the City of Bevil Oaks which contains adequate information to enable a person, by pursuing an inquiry based upon the provided description, to identify the area to the exclusion of others, and to enable a person familiar with the locality to identify the area with reasonable certainty.There are residents in the Affected Territory.The Affected Territory is entirely within Jefferson County, and is contiguous to Hardin-Jefferson ISD (“H-JISD”). Hardin-Jefferson ISD is partially in Jefferson County with the remaining territory in Hardin County.Detachment of the Affected Territory would not reduce Beaumont ISD to an area less than nine (9) square miles.The proposed detachment and annexation would not affect the racial makeup of either district beyond the allowable amount under the law, and there is no indication that the proposed detachment and annexation is racially motivated or would lead to illegal segregation in any of the schools in Beaumont ISD and/or Hardin-Jefferson ISD.Beaumont ISD owns property in the Affected Territory which consists of a 13.63 acre raw tract of land. Petitioners presented the Petition to H-JISD and the H-JISD Board of Trustees held a public hearing on May 1, 2017. At a subsequent duly called public board meeting held on May 15, 2017, the Hardin-Jefferson ISD Board of Trustees passed a resolution approving the Petition.On May 15, 2017, in approving the Petition, the Hardin-Jefferson ISD Board of Trustees made written findings and conclusions that the Petition complied with the requirements set out in Texas Education Code section 13.051.On May 15, 2017, the Hardin-Jefferson ISD Board of Trustees entered written findings and conclusions as required by law and passed a resolution approving the Petition. The Commissioner-appointed Beaumont ISD Board of Managers is vested with the management and control of the Beaumont ISD including authority over the approval or disapproval of the Petition.Petitioners presented the Petition to BISD and the Beaumont ISD Board of Managers held a public hearing on April 20, 2017.At a subsequent duly called public board meeting on May 16, 2017, the Beaumont ISD Board of Managers entered written findings and conclusions as required by law and passed a resolution disapproving the Petition. Beaumont ISD and Hardin-Jefferson ISD duly filed their resolutions and findings with the Jefferson County Commissioner’s Court, which is the commissioners’ court to which both districts are assigned for administrative purposes by TEA.On June 23, 2017, Petitioners timely filed their petition for review with the Commissioner. On the last day of instruction for the 2015-16 school year, 48 students residing in the Affected Territory were enrolled in Beaumont ISD, and an additional 27 students residing in the Affected Territory were transfer students at H-JISD on the last day of instruction for the 2015-16 school year.On the last day of instruction for the 2015-2016 school year, 19,085 students resided in BISD as a whole.The detachment of Bevil Oaks from BISD would not reduce BISD’s tax base by a ratio at least twice as large as the ratio by which it would reduce its membership in accordance with Texas Education Code §13.051(e).The educational interests of the current students residing or future students expected to reside in the Affected Territory and in the affected school districts, Beaumont ISD and Hardin-Jefferson ISD, will not be adversely affected if the annexation and detachment is granted. There are no significant adverse social, economic or educational effects of the proposed boundary change.Conclusions of LawThe Commissioner of Education has jurisdiction to hear this case under Texas Education Code §§ 13.051(j) and 7.057. The proposed annexation and detachment meets the statutory requirements of Texas Education Code §§ 13.051.There are no significant adverse social, economic or educational effects of the proposed boundary change.The educational interests of the current students residing or future students expected to reside in the Affected Territory and in the affected school districts, Beaumont ISD and Hardin-Jefferson ISD, would not be adversely affected if the annexation and detachment is granted. PROPOSED ORDERAfter due consideration of the proposed Agreed Order of Annexation and Detachment presented jointly by the parties, in my capacity as Commissioner of Education, it is herebyORDERED, that Petitioner’s appeal is GRANTED.ORDERED, the annexation and detachment is granted effective July 1, 2018.SIGNED AND ISSUED this ____ day of ___________________, 2018.______________________________________MIKE MORATH, Commissioner of Education Signed and issued on March 5, 2018 by Mike Morath, Commissioner of Education ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download