O’CONNOR, Associate Justice (Retired):

These consolidated appeals concern the vitality of the lease of a nursing home facility, Valley Grand Manor. The lessor, Valley Educational Foundation (“VEF”), argues that it validly terminated the lease in June 2005, before the lease’s primary term expired. It also argues that if the lease survived the attempted termination, the lessee, ElderCare Properties Ltd. (“ElderCare”), failed effectively to exercise its option to renew the lease for an additional five-year term and that the lease consequently expired in December 2006. ElderCare argues that VEF never effectively terminated the lease. As to its failure strictly to comply with the lease’s renewal terms, ElderCare contends that Texas common law principles of equitable intervention render its renewal effective.

The dispute has unfolded in the course of ElderCare’s Chapter 11 bankruptcy. The issue whether the lease was validly terminated arose when ElderCare’s bankruptcy estate moved to assume the lease in order to reorganize for the sole purpose of continuing to operate the nursing home. The United States Bankruptcy Court for the Southern District of Texas sided with ElderCare and allowed it to assume the lease, concluding that the lease had not been terminated. The court also ordered the parties to mediate certain ongoing lease terms. While the mediation process unfolded, ElderCare failed to provide timely notice of its intent to renew the lease, and VEF later sought to evict ElderCare,

SANDRA DAY O’CONNOR, Associate Justice (Retired):**

Plaintiff–Appellant Dana Alegria suffered egregious physical and verbal sexual harassment at the hands of her probation officer. She sued this probation officer, his supervisor, and the State of Texas, alleging violations of 42 U.S.C. § 1983 and Title IX of the Education Act Amendments of 1972. On appeal, she challenges the grant of summary judgment of her § 1983 claims to the State and both the probation officer and his supervisor in their official capacities. She also challenges the grant of summary judgment to the State on her Title IX claim. Because she seeks only monetary damages, her § 1983 claims cannot succeed. Similarly, because she has failed to establish that the State’s probation system is an “education program or activity” within the ambit of Title IX, 20 U.S.C. § 1681(a), her Title IX claim also fails as a matter of law. We thus affirm the relevant judgments of the district court.

I.

A. The district court appropriately construed plaintiff’s proffered evidence and allegations in her favor in light of the procedural posture in which it confronted them. We briefly summarize the pertinent facts in the same manner: In 1999 plaintiff Dana Alegria began serving a 10 year term of probation under the authority of the Galveston County Community Supervision and Corrections Department. She was placed under the supervision of probation officer Larry Williams in September 2005. On multiple occasions, when she met with Williams