A teacher’s term contract was proposed for nonrenewal based on an incident in which she allegedly used inappropriate force with a student. The teacher requested a hearing regarding the proposed nonrenewal of her contract. At the hearing, the teacher did not testify. The school board voted to nonrenew her contract and the teacher filed an appeal to the commissioner of education.

The commissioner issued a decision that found that the teacher “roughly grabbed a student” and that the action “was unnecessary and without justification” and “was not done to correct any misbehavior on the part of the student.” The commissioner found that the nonrenewal of the contract was based on the incident with the student and that it was lawful. The teacher then filed an appeal of the commissioner’s decision, which was upheld by a district court.

After her nonrenewal hearing, the teacher also filed a complaint with the Texas Workforce Commission of Civil Rights, alleging age discrimination and retaliation based on the nonrenewal of her contract. The complaint led to a lawsuit in district court. The school district requested that the court dismiss the case, arguing that the teacher had an opportunity to make this argument at the nonrenewal hearing and chose not to. The school district also argued that it nonrenewed the teacher’s contract for reasons that were non-discriminatory. The court denied the district’s request to dismiss and the district appealed to the court of appeals.

The court of appeals reversed the district court's decision and dismissed the lawsuit. The court of appeals found that the teacher did have an opportunity to make her arguments of age discrimination at the nonrenewal hearing but chose not to do so. The decisions of the board of trustees and the commissioner of education were based on all of the facts presented by the parties at the time, and those facts supported a finding that the nonrenewal was legitimate and based on non-discriminatory reasons.