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Click here for the full text of this decision FACTS:Five Oaks Achievement Center sued Columbus Independent School District to collect payments allegedly due on a contract to provide special education services. CISD filed a plea to the jurisdiction, claiming immunity from suit and failure to exhaust administrative remedies, which the trial court denied. HOLDING:Affirmed. Referring to the “sue and be sued” language in Education Code 11.151 and the Texas Supreme Court’s unchanged holding in Missouri Pacific Railroad Co. v. Brownsville Navigation Dist., 453 S.W.2d 812 (Tex. 1970), the court decides it is not at liberty to depart from precedent and holds that the code section clearly and unambiguously waives immunity from suit for a violation of its terms. The court also holds that, to whatever extent any exclusive jurisdiction remains with the Texas Education Agency Commissioner or the agency itself under the current code, it does not extend beyond issues governed by the school laws of the state, as set forth in the Titles 1 and 2 of the code. The pleadings in this case do not raise such state issues. Therefore, there is no basis on which to conclude that this lawsuit falls within any exclusive jurisdiction of the TEA. OPINION:Edelman, J.; Yates, Edelman and Guzman, JJ.

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