TEA Can Release 2023 A-F Ratings, Appeals Court Rules
The three-judge Texas Fifteenth Court of Appeals unanimously ruled on Thursday (in a primary and a concurring opinion) that the TEA can release the 2023 accountability ratings.
The justices — all appointed by Gov. Abbott — dismissed an injunction that had been issued by a trial judge that has kept the education commissioner from releasing the ratings.
121 ISD Plaintiffs
The lawsuit in question (Kingsville ISD, et al., v. Morath) was filed by 121 ISD plaintiffs who argued (among other things) that the commissioner exceeded his authority by planning to issue the 2023 ratings past the state-law imposed deadline of Aug. 15, 2023, and that he missed the deadline to explain to districts the criteria on how the ratings would be determined.
The justices cited a recent Texas Supreme Court ruling (article) — involving a boundary dispute between the Lampasas and Copperas Cove ISDs — in concluding that the commissioner had enough wiggle room in the applicable state law to postpone the release of the 2023 ratings past the Aug. 15, 2023, deadline. The justices also concluded that the commissioner had sovereign immunity from being sued over the school districts’ claims.
Although this decision was technically in response to only the lawsuit over the release of the 2023 ratings, the justices plainly hinted that the same fate would likely befall a second lawsuit, filed by a smaller number of ISDs, that has prevented the commissioner from releasing the 2024 accountability ratings. That litigation has not yet reached the Fifteenth Court for a decision.
The justices lamented — in the primary and concurring opinions — the fact that A-F ratings haven’t been fully released for five school-year cycles due to COVID’s impact to schools and the litigation over the 2023 and 2024 ratings.
Concurring Opinion
In his concurring opinion, Fifteenth Court Chief Justice Scott Brister agreed with the dismissal order — but lamented that the school districts weren’t afforded the opportunity by the commissioner to present their complaints in an administrative process rather than having to pursue litigation to prevent the ratings from being released. The commissioner’s rules only allowed for challenges to “rare cases such as a data or calculation error.”
Brister gave his support to a bill pending in the Legislature — HB4-Buckley — that he said is “targeted at the claims in this very lawsuit.” That bill is awaiting a hearing date before the House Public Education Committee.
The plaintiff ISDs have the option of appealing the dismissal of the lawsuit to the Texas Supreme Court.
