We know what you’re thinking, but this is not an April Fool’s joke. The Corpus Christi Court of Appeals has thrown out a lawsuit filed by a parent of a high-schooler who was named co-captain of her cheer team, instead of sole captain.
La Joya Independent School District v. Laura Varela, Individually and a/n/f K.R. (No. 13-25-00343-CV; February 12, 2026) arose from a suit filed by a disgruntled parent after a La Joya ISD high school “wrongfully named [her daughter] co-captain rather than captain because the District improperly conducted two sets of tryouts.” Plaintiff alleged that the ISD breached the “Cheer Constitution” parents and the district sign for participation in cheerleading. A Hidalgo County district court signed a temporary restraining order enjoining the district from recognizing the second tryout. The district filed a plea to the jurisdiction, which the trial court implicitly denied when it issued a temporary injunction against the district. The district appealed.
In an opinion by Justice West, the court of appeals reversed and rendered for the ISD. Plaintiff argued that the district breached the cheer constitution when it held the second tryout, thereby waiving the district’s sovereign immunity under § 271.152, Local Government Code. The district responded that the cheer constitution wasn’t a valid contract for which immunity was waived. The constitution specified that: (1) participation in cheer was a “privilege, not a right; (2) district officials could amend it unilaterally; (3) district officials were the final authority to interpret the constitution; and (4) the constitution wasn’t a complete list of rules applying to the cheer team. As such, the cheer constitution could in no way be considered as a binding contract. Because the trial court lacked jurisdiction, the court reversed and rendered for the district.
This case should never have gotten to the court of appeals. The trial court grievously erred by letting this matter get to the court of appeals and costing ISD taxpayers the expenses of litigating a frivolous claim.
