Texas Supreme Court hears arguments regarding state takeover of HISD

The Houston ISD made its case to maintain control of the state's largest school district, rather than relinquishing control to the Texas Education Agency during arguments to the Supreme Court of Texas Thursday morning. Texas education officials warned HISD in 2017 that it was at risk of being placed under the jurisdiction of state-appointed managers as early if 13 campuses didn't show improvement. Two years later, the TEA notified HISD of its plans to take over the board after an investigation into allegations of trustee misconduct and poor academic performance at Wheatley High School. The main issue argued Thursday centered around whether Mike Morath, commissioner of the Texas Education Agency, had the authority to appoint the board of managers. The state argues he does under a new bipartisan law, enacted in September 2021, known as Senate Bill 1365.

The law says the TEA commissioner has the authority to appoint a board of managers based on a conservator appointment that lasts for at least two years. The state appointed Doris Delaney to be a conservator for Kashmere High School due to its low academic performance in 2016. Kyle Highful, who represents the TEA, told the justices this indicates Morath has the authority to appoint the board of managers, adding that Delaney has been in her post, “well beyond two years.” David Jay Campbell of O’Hanlon, Demerath & Castillo, who is representing HISD, said it wasn’t so cut and dry. The purpose of a campus conservator is to help make an improvement and Kashmere High School now has a passing rating. “Given that she was assigned in 2016 and that Kashmere had an acceptable rating in 2019,” Campbell said, “ it’s unclear why she would still be there and what she would still be doing.” Campbell said the case should go back to trial court and that HISD should receive a modified injunction based on the changed law.