Posts Tagged ‘Mike Morath’

Court Clears Ways For State Takeover of HISD

Saturday, January 14th, 2023

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.

HISD School Board: “A Step Below Hell”

Tuesday, February 5th, 2019

Sometimes you link piece because you read it and go “What the hell?” Such is the case with this piece on the Houston Independent School District School Board:

Three days after the stunning ouster of Houston ISD Interim Superintendent Grenita Lathan in mid-October, an unexpected move that further divided the already-fractured school board, district leaders gathered for training on how to govern.

Instead, HISD leaders spent four straight hours lobbing blistering accusations of disingenuous, duplicitous and dismissive behavior by their colleagues. Through raised voices and tears, they bemoaned the disintegration of trust and productivity on the board, with one trustee describing his service as “a step below hell” and another likening her experience to “an abusive relationship.”

The intervention-style airing of grievances, captured on video and reported here for the first time, culminated with Trustee Wanda Adams standing up and yelling at Trustee Elizabeth Santos, angry that board members did not defend her after she received threats while serving as board president in 2017.

Well, there’s one problem. You’re supposed to hold off of the Festivus Airing of Grievances until December 23.

“Did y’all come to my defense? Hell no,” Adams shouted as she slowly walked toward Santos, prompting a top Texas Education Agency official in the room to position himself between the two trustees. “So, you want to know how I felt last year? I was quiet the whole year. So, don’t come up here crying ‘woe is me’ when people came to my house, attacked me.”

Houston ISD Trustee Wanda Adams shouted at fellow board member Elizabeth Santos for about 90 seconds during a mid-October board meeting, slowly walking toward her until Texas Education Agency Deputy Commissioner of Governance AJ Crabill stepped between them. The exchange marked the highest point of tension during a heated meeting in the aftermath of Interim Superintendent Grenita Lathan’s unexpected ouster, which was later reversed.

The remarkably candid meeting laid bare the dysfunction that critics say has weakened the Houston school board’s ability to serve the district’s 213,000 children and prompted calls for major state intervention over the past several months. The turmoil has stalled efforts to tackle some of the biggest issues facing the district, including poor academic performance among many low-income students, inequities in funding between campuses and unstable administrative leadership. Houston ISD leaders also suspect the board’s disharmony has contributed to the district’s largest enrollment decline in 12 years.

“I have felt like this year (in 2018), there’s been no productive work done by the board,” Trustee Anne Sung said during the October meeting.

Details of the seven-hour mid-October meeting have not been publicly disclosed until now, largely because it was not attended by local media and HISD officials did not post video of the meeting online. The Houston Chronicle obtained a copy of the video through a public records request.

The video depicts a beaten-down board compromised by grudges, clashing personalities and heightened suspicions. Some trustees have said they were unaware they were being recorded during the meeting, resulting in an unfiltered look at the fragmented board.

Houston ISD Trustee Anne Sung explained to colleagues the frustration she felt in 2018 while serving on the school board, as well as part of her rationale for voting to replace Interim Superintendent Grenita Lathan.

“There’s so much back-biting and back-stabbing and all of these little freaking agendas,” then-Board President Rhonda Skillern-Jones said during the meeting. “Every single freaking person here contributed to that. And until we take responsibility for that, it’s not going to change. And the public sees that. They see right through us.”

The articles portrays a school board at each other’s throats, with the biggest battles about personal respect rather than what’s best for students. It’s like an episode of one of those reality talk shows where poor people scream at each other for an hour. Except these people oversee the eighth largest school district in the country.

The relative inaction does not bode well for HISD’s prospects of maintaining local control over the district. Texas Education Commissioner Mike Morath has had legal authority to replace the district’s school board since September 2017, the result of HISD’s inability to prove strong governance practices and improve academics at long-struggling schools. Morath has not exercised that option, but Gov. Greg Abbott’s blistering comments about the district’s leadership last month — a “disaster,” he tweeted — and a fresh state investigation into potential Open Meetings Act violations by several trustees raises the stakes for HISD.

Even if Morath resists pulling the takeover trigger, chronically low performance at four campuses could prompt a legally required state takeover of the board later this year.

Snip.

The school board has been riddled with distrust and in-fighting for years, often cutting across the class, ethnic and racial lines that cleave the diverse district. The interpersonal grievances frequently are well known in local education circles but less visible to the public.

The mid-October meeting, however, illustrates how the current iteration of the board — three new members were seated to begin 2018 — became Houston’s most maligned governing group.

One by one, trustees voiced frustration with fellow board members or the district administration, accusing colleagues of undermining them, distorting the truth or offering inadequate support.

Skillern-Jones, for example, spent several minutes criticizing nearly all of the trustees for failing to defend her leadership in 2018, noting that she reluctantly assumed the presidency after Trustee Jolanda Jones scuttled Sung’s candidacy. Skillern-Jones drew flak in April when she ordered HISD police to clear the audience from the room during a raucous board meeting, which precipitated the arrests of two women.

Me me me me me.

I believe in subsidiarity, the idea that power should devolve to the lowest level of government possible, but it may very well be time for the state to take over HISD.

(Hat tip: Holly Hansen’s Twitter feed. I also noticed that Holly has a new blog that wasn’t on the blogroll, a situation I’ve now rectified.)