This seems like big news.
The Supreme Court of Texas (SCOTX) on Friday reversed a lower court judgment that has prevented the Texas Education Agency (TEA) from taking over the troubled Houston Independent School District (HISD) since 2019.
In overturning a Temporary Restraining Order (TRO) issued by a Travis County trial court, SCOTX cited legislation passed by the state Legislature in 2021 that strengthened the authority of the TEA commissioner to intervene in districts failing to meet minimum state standards.
In 2019, a TEA investigation concluded that several HISD board members had violated the Open Meetings Act and state laws related to contracting, all while district schools struggled to meet performance standards.
After TEA Commissioner Mike Morath initiated proceedings under state law to replace the elected board of trustees with an appointed board of managers, the district sued, arguing that Morath had exceeded his authority.
A U.S. District court judge dismissed the case from the federal court system, but the state district court judge issued an injunction blocking TEA action. The injunction was upheld by the Third District Court of Appeals and then temporarily by the state Supreme Court while the case was under consideration.
Attorneys for HISD argued that although Wheatley High School had incurred “F” ratings every year between 2013 and 2019, since the school was not rated in 2018 due to Hurricane Harvey, there were not enough “consecutive” years of failure to trigger state intervention. They also asserted that Morath did not have the authority to place a conservator over the district in lieu of a superintendent, and could not delegate to an agency the underling authority to review the district’s objections.
The injunction blocking TEA action prompted state Sen. Paul Bettencourt (R-Houston) and Rep. Harold Dutton (D-Houston) to both introduce legislation to address legal ambiguities identified in the HISD case, with Bettencourt’s Senate Bill (SB) 1365 receiving final approval from both chambers.
In the SCOTX opinion written by Justice Jane Bland. the court referred to SB 1365 provisions, writing, “In sum, the Legislature abrogated much of the court of appeal’s interpretation of the Education Code provisions that govern this case.”
In addition to changes in the law, SCOTX notes that since 2019, voters have elected several new HISD board members and hired a new permanent superintendent. With such changes, the court concludes there is no basis to continue the TRO against the TEA Commissioner’s appointment of a board of managers.
“We hold that the District failed to demonstrate that the Commissioner and his conservator’s planned conduct violates the law,” the SCOTX decision reads. “Thus, the District is not entitled to injunctive relief. We remand the case to the trial court, however, to permit the parties to fully develop the record in light of intervening legal and factual changes.”
“Accordingly, we reverse the court of appeals’ judgment, vacate the temporary injunction, and remand the case to the trial court for further proceedings consistent with this opinion.”
Bettencourt hailed the SCOTX opinion, saying the intent of his bill was to “have a school accountability system that worked.”
“This Supreme Court ruling is a much-needed step to reverse the Third Court of Appeals and return the case to the intent of the Legislature back to having a conservator take additional steps to help improve public education in school districts,” said Bettencourt in a statement.
Many HISD schools, especially in minority neighborhoods, were already sketchy when I grew up and have gotten worse, any Critical Race Theory was a hot issue in 2021 HISD elections. Hopefully TEA can get things moving in the right direction.
Tags: education, Harold Dutton, Holly Hansen, Houston, Houston Independent School District, Mike Morath, Paul Bettencourt, Social Justice Warriors, Texas, Texas Education Agency, Texas Supreme Court
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WHY is Harris County always having a hand in EVERY pile of dung??
this is unintended consequences of HISD’s decision to avoid bussing by implementing magnet schools. what happened in 5 years in other places took 50 here. plus we have charters. I know of no one not going homeschool or charter route.
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