Untitled Texas Attorney General Opinion: JS-0003
Case Details
- Status
- Published
- Procedural Posture
- Attorney General advisory opinion
Related Laws
No specific laws identified for this ruling.
Outcome
Texas Attorney General opinion addressing the constitutional standard for race-based student disciplinary decisions under the Texas Equal Rights Amendment, holding that such decisions must be narrowly tailored to serve a compelling governmental interest and that avoiding disparate impact alone cannot justify race-based discipline.
Excerpt
A race-based student disciplinary decision by an educator or school district violates the Texas Equal Rights Amendment of the Texas Constitution unless it is narrowly tailored to serve a compelling governmental interest. A court would likely conclude that avoiding a disparate impact cannot serve as a compelling governmental interest that justifies making a race-based student disciplinary decision.
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