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payee and made cash withdrawals for which the record reflects no
documented and established business purpose. Business purpose or
board authorization is similarly lacking for thousands of dollars
of expenditures directed to retail stores, credit card companies,
financial institutions, Ms. Fennell’s dentist, and other
businesses. Nor does the record suggest any documented system
either (1) of loans to and repayments by Ms. Fennell or (2) of
loans by Ms. Fennell and reimbursements from the school.
State Administrative Proceedings
Public education in Texas is overseen by the SBOE, a body of
15 members elected by the voters, and by the commissioner of
education, an individual appointed by the governor and confirmed
by the State senate. Tex. Educ. Code Ann. secs. 7.051, 7.055,
7.101, 7.102 (Vernon 1996). The SBOE carries out its statutorily
prescribed powers and duties, which consist in large part of
establishing educational policies, programs, and standards, with
the assistance of the commissioner of education. Tex. Educ. Code
Ann. sec. 7.102. The commissioner of education, in turn, heads
the administrative agency, the Texas Education Agency (TEA or the
agency), charged with administering and monitoring compliance
with educational programs. Tex. Educ. Code Ann. secs. 7.002,
7.021 (Vernon 1996).
In February of 1999, the commissioner of education directed
the TEA to conduct a financial status audit of petitioner.
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Last modified: November 10, 2007