Texas Educ. Agency v. Leeper

In Texas Educ. Agency v. Leeper, 893 S.W.2d 432 (Tex. 1994), home-school parents and curriculum providers brought a class-action suit against state officials, challenging the Texas Education Agency's construction of the compulsory school-attendance law. Leeper, 893 S.W.2d at 432. They sought a declaration that the compulsory attendance law's private-school exemption includes home-schooled children, and therefore, the home-school parents could not be prosecuted for keeping their children home. The Court determined that the DJA expressly allows persons to challenge ordinances or statutes. Leeper, 893 S.W.2d at 446. Moreover, the DJA requires challengers to join governmental entities in suits to construe legislative pronouncements, and the DJA authorizes awarding attorneys' fees. Leeper, 893 S.W.2d at 446. Accordingly, we held that the DJA necessarily waives governmental immunity for attorneys' fees in suits to construe legislative pronouncements. Leeper, 893 S.W.2d at 446.