What happened: According to a May 20 demand letter obtained by The Permian Press, Midland ISD is warning Midland County that it may sue if the county does not commit by June 5 to opening a Juvenile Justice Alternative Education Program (JJAEP) before the start of the 2026-27 school year. A JJAEP is a county-run education program for students expelled for the most serious offenses.

MISD told county officials that if the county does not move forward, the district may ask a court to order the county to act, file a formal grievance with the Texas Juvenile Justice Department, and pursue other legal remedies.

Why it matters: The letter points to a potential legal fight between two taxpayer-funded local governments over who is responsible for operating a specialized education program serving a relatively small number of students. MISD previously reported 32 expellable offenses during the 2024-2025 school year, and eight more from August through November 2025.

That escalation is happening even though Texas lawmakers created another legal path in 2025, allowing school districts in counties without access to a JJAEP to place certain expelled students in a virtual expulsion program instead.

Midland’s top stories. One quick email. Free, every Friday.
Get Midland Wrapped, our free weekly email for busy Midland residents. Each Friday, we break down the week’s most important local stories — what happened, why it matters, and what to watch next — so you can stay informed without the noise.

The big picture: The fight centers on Texas Education Code §37.011. The law generally requires counties with populations above 125,000 to operate a JJAEP. But Midland County qualified for an exception because its population was below that threshold in the 2000 census (116,009 residents) and because it had a memorandum of understanding (MOU) with local school districts, approved in 2011.

The statute clearly explains how counties qualify for that exception. What the law does not clearly explain is what happens if a county later loses the MOU.

In January, MISD trustees voted to terminate that agreement. MISD now argues that once the MOU ended, Midland County became legally required to open and operate a JJAEP. MISD is relying on guidance from the Texas Juvenile Justice Department, which has interpreted the law that way. But the statute itself does not explicitly state that. That appears to be the central legal question if the dispute reaches court.

The other side: Texas lawmakers added another possible option last year through House Bill 6. The law created a new section, §37.0083, allowing school districts in counties without access to a JJAEP to place certain expelled students in a virtual expulsion program instead, provided they meet state requirements.

MISD previously told trustees it was waiting for state guidance before evaluating that option. The district has not publicly updated the board on that process, and the May 20 demand letter does not mention it.

What’s next: If Midland County does not commit by June 5, MISD says it may ask a court to issue a writ of mandamus ordering the county to act. A judge would then likely have to decide whether Midland County’s duty to operate a JJAEP automatically resumed when the MOU ended, or whether the county’s 2000 population exception still applies.