State closer to taking over Houston schools after Texas Supreme Court ruling

The Texas Supreme Court sided with the state’s education agency in a protracted legal battle over the attempted takeover of Houston ISD’s school board.

Officials from Houston and the Texas Education Agency are expected to argue the case once again as laws governing state intervention of failing schools have changed as the years-long case has progressed. The outcome could have further implications for other struggling public schools when it comes to state intervention.

“In the state of Texas, we always pride ourselves on local control. This really complicates matters,” said former Dallas superintendent Michael Hinojosa.

Friday’s order reverses a lower court decision that temporarily halted Education Commissioner Mike Morath from appointing a board of managers to replace the locally elected trustees.

Morath attempted to remove HISD board members in 2019, following years of unacceptable academic performances at a high school and other alleged failings by the trustees. By that point, the state had already installed a conservator to oversee operations.

Before the commissioner took that dramatic action, Houston school officials won a temporary injunction barring Morath from appointing a board of managers. The state appealed.

As the case wound through the court system, the Legislature changed relevant elements of the Education Code related to state intervention in districts.

The Texas Supreme Court justices found that Houston ISD failed to show Morath’s plans would violate the amended law. They sent the case back to trial court, while vacating the temporary injunction.

“We expect the parties to reconsider their positions and supplement the record in light of changes in the law and factual developments within the District,” justices wrote. “We remand the case to the trial court for further proceedings consistent with this opinion.”

A successful takeover of Texas’ largest school district would give state officials dramatic power over thousands of students’ education.

“It has implications for everybody,” Hinojosa said. “What I worry about is the instability that it puts into the system.”

In North Texas, DeSoto ISD faced state intervention in recent years, with education agency officials appointing a conservator after an investigation revealed financial mismanagement and other issues. The conservator, AJ Crabill, has shifted to a more “passive” role as the district showed progress.

Officials representing the Texas Education Agency said they are reviewing the decision. Houston ISD officials did not immediately respond to a request for comment.