Barton v. State Board for Educator Certification
Court of Appeals of Texas
382 S.W. 3d 405 (2012)
Andra Barton (defendant), a school principal, developed a new educational plan aimed at improving test scores, including for students with disabilities. Federal and state special-education law required written notice to affected parents of program changes, but Barton arranged for the parents to receive only oral notice. The State Board for Educator Certification (plaintiff) brought disciplinary charges alleging Barton altered students' educational programs without following proper procedures and failed to notify affected parents of the changes, but its petition never specifically alleged she failed to give written notice. An administrative law judge nonetheless found Barton liable for failing to provide written notice, and the trial court affirmed. Barton appealed, arguing that specific failure was never pled against her.
Whether administrative notice satisfies due process when it does not specifically apprise the respondent of the particular allegation used to find her liable.