Texas Supreme Court Removes Major Roadblock in TEA’s Journey to Take Over Houston ISD

Ruling: Due to a 2021 change in state law, an injunction that has kept the TEA from taking over Houston ISD is lifted, and the matter is referred back to the trial court level for further proceedings. TEA; [Education Commissioner] Mike Morath; and Doris Delaney v. Houston ISD, No. 21-0194. Issued Jan. 13 by the Texas Supreme Court.

Revised School District Takeover Law
The Texas Supreme Court (TSC) concluded that an injunction that a judge had put in place to keep the TEA from taking over HISD must be lifted because the injunction was based on the law governing TEA takeovers of school districts before that law was revised by the Legislature two years ago (under SB1365).

In lifting the injunction, the justices sent the dispute back to the trial judge for further proceedings on the question of whether the TEA — should it wish to do so under provisions of the revised law — continue to pursue taking over HISD.

The litigation that arose from HISD’s filing suit against the commissioner and TEA resulted in the trial judge issuing the injunction in 2020 (until a trial could be held), involved not only Morath’s intention to appoint a board of managers to replace the elected board, but his decision to elevate his appointee, Doris Delaney, from overseeing, as a conservator, a failing HISD high school to a district-wide conservator with veto powers over the elected board’s decisions.

Morath first announced his intention to take over HISD — by appointing a board of managers to take over the elected school board — in November 2019 due to the continuing poor academic accountability track record at a HISD high school, and was bolstered by a TEA investigative report that highlighted the fact that the board had become dysfunctional.

HISD contended, when it filed suit when the prior law was in effect, that the commissioner was exceeding his authority in ordering the take-over of the district, and that the interpersonal conflicts among board members no longer exist.

As of press time, TEA and HISD were reportedly evaluating their options in light of the TSC’s ruling.