GALVESTON - Explaining that it reached a resolution with a Texas Education Agency commissioner, the La Marque Independent School District seeks the approval of its motion for nonsuit without prejudice.

LMISD says "there is no need for further judicial process" in its lawsuit against Commissioner of Education Robert Scott, the motion filed March 23 in the Galveston County 10th District Court states.

The school district previously asked Galveston County 10th District Court Judge David Garner to overturn Commissioner of Education Robert Scott's ruling in favor of Marrilyn McMillan, a terminated teacher, on Jan. 10.

In February 2010, the school board voted to approve a reduction in force due to a program change. McMillan, who is also a defendant in the case, was an employee whose term contract was affected by the vote.

LMISD accepted the superintendent's recommendation to identify the employment area to which McMillan was assigned and give notice to the educator that she was entitled to a hearing in accordance with district policy. It eventually voted to non-renew McMillan's term employment contract the following month.

McMillan filed an appeal to Commissioner Scott's office, and in October 2010, a finding stating that said appeal should be granted was issued.

The suit argues that Scott alleged LMISD did not vote to propose the non-renewal of McMillan's contract, yet he "did not conclude that the respondent (the plaintiff) ultimately reached the wrong decision."

Along with the motion, an order of dismissal is sought.

Case No. 11-cv-0030

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