Expressio Unius Est Exclusio Alterius

Under the principle of Expressio Unius Est Exclusio Alterius, accelerated instruction can never be considered an exception to 26.010, because the law presumes that all exceptions have been incorporated in the statute and unexpressed ones cannot be implied.

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Houston ISD acknowledges 26.010 Opt Out Rights

Fox 26 reporter Andrea Watkins has made real headway in getting school districts on the record about a parent’s right to Opt Out.  In her initial report, Katy ISD Director of Assessment, Alison Matney (who has made inaccurate posts on this website) acknowledged that while there is no process to opt out, parents can just […]

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Five Responses When The School Says 26.010 Means You Can’t Opt Out

It’s that time of year.  Schools are sending around copies of Tex. Ed. Code sec. 26.010, accusing Opt Out groups of misleading parents, and trying to coerce people into subjecting their kids to assessments.  Don’t be a sheep.  The TEA’s interpretation of Tex. Education Code sec. 26.010 has never been affirmed by any court.  This is […]

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An Opt Out Course for Schools

If there was any doubt that the Opt-Out movement is gaining steam and raising real concerns among school districts, administrators and the TEA, that doubt was put to rest when one of the state’s premier education law firms, Walsh, Anderson, which represents dozens, if not hundreds, of school districts around the state, created a special […]

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