Board of Trustees must explictly approve litigation.

 TEXAS EDUCATION CODE

SUBCHAPTER D. POWERS AND DUTIES OF BOARD OF TRUSTEES OF INDEPENDENT SCHOOL DISTRICT

    § 11.151. IN GENERAL.  (a) The trustees of an independent school district constitute a body corporate and in the name of the district may acquire and hold real and personal property, sue and be  sued, and receive bequests and donations or other moneys or funds coming legally into their hands.

Any legal action in a court of law, brought on the behalf of the  district  requires the approval of the board of trustees acting as a corporate board in an open meeting.    The school district is the plaintiff in the appeals case...they filed the case (see below).  So when did the board of trustees take action to instruct the district attorneys to file an appeal. In The district is not legally required to file an appeal of the judicial district  court case. Even if the district was legally obligated to file an appeal, the district's legal counsel could not act until instructed by the board of trustees to act upon the board's behalf.


Although  the board of trustees are permitted to consult with attorneys in executive session, the board cannot take any action in executive session.  The board must reconvene in public session to take any action.   The board of trustees has never in a public session approved a motion to instruct the district's attorney to file an appeal in the Fleming case.



05-09-01166-CV
Carrollton-Farmers Branch Independent School District and Lynn Chaffin v. Fleming, Richard
Case Type: OTH CIV
Trial Court Cause Number: 09-07085
Trial Court: 95TH DISTRICT COURT
County: DALLAS