Mike Morath, in His Official Capacity as Texas Commissioner of Education and La Villa Independent School District v. Dr. Paz Elizondo

3/14/2025 1:31 PM Velva L. Price District Clerk Travis County CAUSE NO. D-1-GN-22-002025 D-1-GN-22-002025 Selina Hamilton DR. PAZ ELIZONDO, § IN THE DISTRICTFILED COURT IN OF Plaintiff, § 15th COURT OF APPEALS AUSTIN, TEXAS § 3/18/2025 10:12:14 AM v. § TRAVIS COUNTY, TEXAS CHRISTOPHER A. PRINE § Clerk MIKE MORATH, TEXAS § COMMISSIONER OF EDUCATION, § AND LA VILLA INDEPENDENT § SCHOOL DISTRICT, § Defendants. § 455TH JUDICIAL DISTRICT NOTICE OF APPEAL OF DEFENDANT MIKE MORATH, TEXAS COMMISSIONER OF EDUCATION 1. Cause No. D-1-GN-22-002025, styled Dr. Paz Elizondo v. Mike Morath, in his official capacity as Texas Commissioner of Education and La Villa Independent School District, was filed in the 455th Judicial District Court of Travis County, Texas.

2. The Hon. Maya Guerra Gamble, presiding judge of the 459th District Court of Travis County, signed an order on February 12, 2025, reversing the Commissioner’s decision in Docket No. 049-R10-07-2021 and dismissing Dr. Elizondo’s purported declaratory judgment claim.1

Commissioner Morath and La Villa Independent School District appealed the First Amended Final Judgment. See Cause No. 03-23-00125-CV, styled Mike Morath, in his official capacity as Texas Commissioner of Education and La Villa Indep. Sch. Dist. v. Dr. Paz Elizondo. After the completion of briefing, the Third Court of Appeals questioned its jurisdiction to resolve the appeal and abated the appeal, remanding for the trial court to clarify whether it had intended to dismiss Dr. Elizondo’s declaratory judgment claim. In response, the trial court signed the Second Amended Final Judgment expressly dismissing the declaratory judgment claim on February 12, 2025. Consequently, the Fifteenth Court of Appeals has exclusive jurisdiction over this appeal. See Tex. Gov’t Code § 22.220(d)(1).

3. Defendant Mike Morath, in his official capacity as Texas Commissioner of Education, desires to appeal that portion of the Second Amended Final Judgment reversing his decision to the Fifteenth Court of Appeals.

Dated: March 14, 2025 Respectfully submitted, KEN PAXTON Attorney General of Texas BRENT WEBSTER First Assistant Attorney General RALPH MOLINA Deputy First Assistant Attorney General AUSTIN KINGHORN Deputy Attorney General for Civil Litigation ERNEST C. GARCIA Chief, Administrative Law Division /s/ Karen L. Watkins KAREN L. WATKINS Assistant Attorney General State Bar 20927425 OFFICE OF THE ATTORNEY GENERAL ADMINISTRATIVE LAW DIVISION P.O. Box 12548 Austin, Texas 78711-2548 Telephone: (512) 475-4208 Facsimile: (512) 320-0167 E-mail: [email protected] Attorneys for Defendant Mike Morath, Texas Commissioner of Education

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on March 14, 2025, on the following attorneys-in-charge, by e-service: RUBEN R. PEÑA DAVID CAMPBELL State Bar No. 15740900 State Bar No. 24057033 LAW OFFICES OF RUBEN R. PEÑA, P.C. THOMPSON & HORTON W. Harrison, Suite B 8300 N. MoPac Expwy., Suite 220 Harlingen, Texas 78550 Austin, Texas 78759 Tel.: (956) 496-2060 Tel.: (512) 615-2350 [email protected] Fax: (713) 583-8884 ATTORNEY FOR PETITIONER, [email protected] DR. PAZ ELIZONDO COUNSEL FOR DEFENDANT LA VILLA INDEPENDENT SCHOOL DISTRICT /s/ Karen L. Watkins KAREN L. WATKINS Attorney for Defendant

Automated Certificate of eService This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Jeff Lutz on behalf of Karen Watkins Bar No. 20927425 [email protected] Envelope ID: 98477085 Filing Code Description: Notice of Appeal Filing Description: NOTICE OF APPEAL OF DEFENDANT MIKE MORATH, TEXAS COMMISSIONER OF EDUCATION Status as of 3/14/2025 4:05 PM CST Associated Case Party: LA VILLA INDEPENDENT SCHOOL DISTRICT Name BarNumber Email TimestampSubmitted Status Kristi Godden 24079577 [email protected] 3/14/2025 1:31:22 PM SENT Kristy Alonzo [email protected] 3/14/2025 1:31:22 PM SENT Eden Ramirez [email protected] 3/14/2025 1:31:22 PM SENT David J.Campbell [email protected] 3/14/2025 1:31:22 PM SENT Kate French [email protected] 3/14/2025 1:31:22 PM SENT Johan Holter [email protected] 3/14/2025 1:31:22 PM SENT David Campbell [email protected] 3/14/2025 1:31:22 PM SENT Cassandra Cottrell [email protected] 3/14/2025 1:31:22 PM SENT Kathryn French [email protected] 3/14/2025 1:31:22 PM SENT

Associated Case Party: PAZ ELIZONDO Name BarNumber Email TimestampSubmitted Status Ruben Pena 15740900 [email protected] 3/14/2025 1:31:22 PM SENT

Associated Case Party: MIKE MORATHTEXAS COMMISSIONER OF EDUCATION Name BarNumber Email TimestampSubmitted Status Jeff Lutz [email protected] 3/14/2025 1:31:22 PM SENT Karen Watkins [email protected] 3/14/2025 1:31:22 PM SENT