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HISD Board of Trustees

HISD’s appeal of the Wheatley rating

Not much there. You can read whatever you want into that.

If Houston ISD trustees expected the district’s administration to make an impassioned, detailed appeal to the state for an accountability reprieve at Wheatley High School — a last-ditch effort to avoid severe state sanctions tied to chronically low performance at the campus — they did not get it from Interim Superintendent Grenita Lathan.

Instead, Lathan submitted a two-page, bare-bones case for overturning Wheatley’s failing grade to the Texas Education Agency, infusing the request with none of the emotion that trustees displayed last month when they ordered her to file an appeal. Rather, Lathan briefly recounted the reasons trustees expressed for supporting an appeal — the lingering effects of Hurricane Harvey, some signs of progress at Wheatley, the impact of sanctions on a district — that her administration believes is doomed to fail.

“I think they could have stated a very strong position and documented evidence, for example, from renowned research on the long-term effects of an incident like Harvey,” said HISD Trustee Sergio Lira, who voted to order the appeal. “I think it could have been much stronger, and I’m disappointed.”

The disconnect over the depth of HISD’s Sept. 13th appeal, obtained through a public records request this week, illustrates yet another example of the frayed relationship between Lathan’s administration and a majority of the district’s school board, which have been engaged in a year-long standoff marked by distrust and differences of opinion.

[…]

In a statement Tuesday, HISD officials said the appeal “was submitted in good faith.”

“As such, the administration stands behind the submission and has no further comment,” the statement read.

TEA officials are expected to rule on HISD’s appeal by December.

See here for the background. On the one hand, as I understand it the data is pretty cut and dried, and there’s not much in there to be disputed. No one really thinks that this appeal has much chance of success, so no real point in doing valueless work. On the other hand, when your boss tells you to do something – and the Board is the boss of the Superintendent – you do it, and you do it in a way that meets your boss’ expectations. To do otherwise is somewhere between incompetence and insubordination.

I’m not in a position to say which is the more accurate description of the situation. But however you look at it, this isn’t how this is supposed to work.

Two HISD candidates fail to qualify for the ballot

We revisit a periodic issue.

Two applicants seeking to replace Houston ISD Trustee Rhonda Skillern-Jones have failed to qualify for the November ballot, leaving five candidates running for the open seat, according to HISD officials.

Michael Maloney, an athletics coach, and Arthur Smith, a T-shirt printer, failed to qualify due to issues with their signature petitions, district officials said. Candidates can pay a $300 fee or collect signatures from registered voters living within the voting district boundaries to earn a spot on the ballot. Maloney and Smith said they collected more than the required 266 signatures, but HISD officials said some signatures were invalid.

“Errors included signatures for individuals who did not live in the appropriate school district, or did not live in the district for which the candidate sought election,” HISD officials said in a statement. “The district engaged an independent consulting firm to verify signatures and determine if they met legal requirements.”

[…]

Maloney said he submitted more than 300 signatures from residents living in District II, but later discovered some individuals’ registered addresses were outside the District II zone. Maloney said he is exploring legal avenues for a write-in candidacy, adding that it appears unlikely he will be successful. The ballot does not contain a write-in option because no candidates declared a write-in candidacy by the mid-August deadline.

“It’s very grim, dim and disappointing, but I understand,” said Maloney, who has not been actively campaigning at public events.

Smith, who said he submitted about 280 signatures, blamed HISD administrators for his failure to appear on the ballot, accusing them of corruption and incompetence. Smith said he has filed a grievance with the district against an employee responsible for overseeing school board matters.

“They feel it’s OK for them to run around and make up their own rules inside the administration,” said Smith, who continues to appear at campaign-related events. “They told me I have some people from Galena Park and other parts of HISD (signing the petition). I know that’s false, because if that’s the case, show me the proof. They have not presented anything to me that shows the proof.”

This sort of thing has happened before, and no doubt will happen again. As I’ve said before, while I prefer to err on the side of being lenient towards the petition-submitters, these requirements are not onerous. Lots of other candidates manage to meet them successfully. As such, I have a hard time being overly sympathetic. If you want to run for office and you choose to go via the petition signature route to qualify, it’s on you to know and follow the law.

Interview with Matt Barnes

Matt Barnes

Like I’ve said, the HISD Trustee elections still matter this year. One could argue, they’ve never mattered more. With two of the four Trustees that are up for election this year deciding to step down, we will get some change no matter what else happens. There are four candidates running in District IV, the seat now held by Jolanda Jones. One of those candidates, Matt Barnes, entered the race before we knew Jones was not running again. Barnes is a longtime educator with experience from pre-K to college, including HISD Energy Institute High School Advisory Board Member, BakerRipley Head Start/Early Start System Board of Trustees, and as CEO of Educational Makeover, an organization dedicated to providing free educational coaching. Here’s what we talked about:

As always, refer to the Erik Manning spreadsheet for all your candidate info needs. I did interview one of the other candidates in this race, Reagan Flowers, in 2012, when she ran for HCDE Trustee. My 2015 interview with outgoing Trustee Jolanda Jones is here.

Interview with Judith Cruz

Judith Cruz

As we’ve discussed, there are still HISD Trustee elections this year, despite the uncertainty surrounding the TEA takeover. While the Board may not have much authority during the time that the TEA-appointed board of managers is in charge, it still matters who the elected Trustees are, because the governance by the elected Board has been part of the problem. With that in mind, one way to move the HISD Board in the right direction would be to replace the scandal-plagued Diana Davila with Judith Cruz in District VIII. Cruz is a Teach for America alum who has taught at Lee High School (now Wisdom) in HISD, and subsequently was part of the team that created and started Liberty High School in Gulfton, where she was a founding teacher. She served on multiple HISD committees, including HISD’s Superintendent’s Parent Advisory Committee and her neighborhood school’s SDMC (Shared-Decision Making Committee). And despite my repeated flubs in the interview, she is running in District VIII, not District II. Here’s what we talked about:

As always, refer to the Erik Manning spreadsheet for all your candidate info needs.

Why would you run for HISD Board of Trustees this year?

It’s a good question.

As she campaigns door-to-door to become the newest member of Houston ISD’s school board, Reagan Flowers is encountering many confused voters.

They ask whether school board elections matter this year, given the growing likelihood that state officials will strip power from HISD trustees within months. They wonder what Flowers will do if she wins but does not get any authority. They question how she would change the culture of the much-maligned board.

“There’s still a tremendous need to educate people, to inform them of the process,” said Flowers, an education nonprofit executive and one of four candidates vying to represent District IV, which covers parts of downtown and southern Houston. “I tell them I’ll be your representative, your voice, making sure the needs of the district are being met.”

As November approaches and the threat of state intervention in HISD looms, Flowers and fourteen other school board candidates find themselves in the midst of a highly unusual election season, aiming to convince voters to participate in potentially diminished races.

[…]

Some candidates said voters remain confused or apathetic about the off-year school board elections. About 25 percent of registered voters cast ballots for HISD trustee in 2015, with mayoral and city council races likely boosting turnout.

However, multiple candidates said more-engaged voters are aware of the school board’s self-admitted dysfunction, laid bare during a heated October 2018 meeting, and want trustees who will cut through the tumult. Dissension over whether to retain Interim Superintendent Grenita Lathan has inflamed tensions on the board in the past 12 months, creating factions that largely split across racial and ethnic lines.

“The only thing I hear about (from voters) is that they’re concerned with the in-fighting on the board and they want it to stop,” said Patricia Allen, a District IV candidate and retired HISD principal. “I’m not hearing positive things about the board takeover. But what I am hearing is, the board needs changes, that they need someone in there to focus on education.”

That sounds about right to me. The story name-checks all of the candidates, for the two open seat races (Districts II and IV, where Rhonda Skillern-Jones and Jolanda Jones will step down) and the two races against incumbents Sergio Lira (III) and Diana Davila (VIII). It’s not clear to me, or I suspect to anyone as this particular type of intervention by the TEA has never happened before, what exactly HISD Trustees will be doing once the TEA does its thing. Obviously, the goals are to improve outcomes in the schools, and to fix the problems the Board had so that it can be trusted to regain control. What that will look like in practice is something we will discover together. In the meantime and as always, please do pay attention to these races if you have one on your ballot (I don’t this time), and make good choices.

The TEA delivers its terms to HISD

As expected.

The Texas Education Commissioner has put the state’s largest school district on official notice that it could lose its locally-elected school board because of failing grades at one Houston high school.

The commissioner, Mike Morath, notified Houston’s interim superintendent, Grenita Lathan, and school board president, Diana Davila, that he may have to take action to appoint outside managers to oversee the district — or order the struggling school closed. The campus, the historically black Wheatley High School in Fifth Ward, recently had its seventh failing grade in a row.

“If the preliminary unacceptable academic performance rating assigned to Wheatley High School becomes a final rating, I will be required by TEC §39A.111 to order either campus closure or the appointment of a board managers and will notify the district of my specific decision in future correspondence,” Morath concluded in the letter.

Morath has not made a final decision and the failing grade remains preliminary until Sept. 15.

You can see the letter at the link. All signs point to the board of managers option being used, but the law does allow for the schools in question to be closed, so that got mentioned as well. Chron reporter Jacob Carpenter tweeted that there was to be a discussion of appealing the Wheatley rating at yesterday’s public meeting, though it is very unlikely to succeed. There is still the lawsuit over the ethics investigation, but even if that were to succeed it would only reduce by half the number of justifications the TEA currently has for a takeover. I’m not sure what happens next, but something will happen by the 15th. The Press has more.

UPDATE: It’s official, the board has voted to appeal Wheatley’s rating.

Bonus commentary on 2019 lineup

There was a lot of last minute activity at Monday’s filing deadline, as there usually is. Probably more so this year, as approximately ten percent of Houston adults are running for office this November. The point here is that the news stories and other available sources at the time had a lot to do to keep up with it all, and those of us who follow them now recognize there were things we missed the first time around. So, after another review of the Erik Manning spreadsheet and the City of Houston 2019 election page, here are some semi-random observations about things I didn’t note or comment on the first time around. I’ll run this down race by race.

Mayor: Mostly, I’m going to point out the filers and non-filers that are worth mentioning for one reason or another. The usual reason is going to be because my reaction to the late filers was along the lines of “oh, Lord, not that person again”. Exhibit A is Kendall Baker, who has cluttered up multiple ballots since the 2007 special election in At Large #3. Most recently, he ran in HD137 as a Republican in 2016, and in District F in 2015. Baker wasn’t a late filer – he had a June finance report – but as I prefer to think pleasant thoughts I’d forgotten he was in the race. He was one of the anti-HERO loudmouths who has his own problems with inappropriate behavior.

District B: Willie D did not file, so we will have a maximum of one Geto Boy on Council.

District C: Kendra Yarbrough Camarena did not file. She instead filed for the special election in HD148. Erik is tracking those filings in his spreadsheet as well. Yarbrough Camarena appears to be the first official entrant in this race. And don’t worry about District C, there are still thirteen candidates for that office.

District D: Andrew Burks rises from the ash heap to run again. Can you still be a perennial candidate if you once won something? My ruling is Yes. Burks served one action-packed two year term in At Large #2 from 2011 to 2013 before being defeated by David Robinson. I was wondering about how the term limits charter amendment would apply to him, and I found the answer, in Article V, Section 6a: “Persons who served a single term prior to 2016 who are not serving in City elective office in 2015 and thus not subject to subsection (b), shall be eligible to serve one additional four-year term in the same City elective office.” So there you have it.

District F: Adekunle “Kay” Elegbede is listed as a Write-In Candidate. Obviously, this means he will not appear on the ballot, so what does it mean? Here’s the applicable state law. Basically, this means that any write in votes for this candidate will actually count (as opposed to write-ins for, say, “Mickey Mouse” or “Ben Hall”), and there’s no filing fee.

District J: Jim Bigham, who ran against Mike Laster in 2015 did not file. He did not have a finance report, so no big surprise.

District K: Republican Gerry Vander-Lyn, who ran in the special election that Martha Castex-Tatum won, and one other person filed. Neither will provide much of a challenge to Castex-Tatum, but their presence means that no one is unopposed this cycle.

At Large #1: Ugh. Yolanda Navarro Flores, defeated by Zeph Capo in 2013 from the HCC Board, is back. In addition to her ethical issues while on the HCC Board, she was also pals with Dave Wilson. ‘Nuff said.

At Large #2: Apparently, it really isn’t an election without Griff Griffin. I had honestly thought he’d gone away, but no. The funny/scary thing is that he could easily wind up in a runoff with CM Robinson.

At Large #4: Anthony Dolcefino also jumps out of District C into this race. There are now 11 candidates in AL4, so it’s not like he landed in that much smaller a pond.

At Large #5: I guess Eric Dick isn’t having any fun on the HCDE Board, because here he is. As per the Andrew Burks Rule, which I just created, I label him a perennial candidate as well. Note that HCDE Trustees are not subject to resign to run, so Dick may continue on in his current gig, as Roy Morales had done for most of the time when he was on the HCDE Board.

HISD II: Lots of people signed up for this one after all. The one name I recognize is Kathy Blueford-Daniels, who had run for City Council in District B previously. Here’s an interview I did with her back in 2011, and another from 2013. Rodrick Davison, the one person to post a June finance report, wound up not filing for the office

HISD IV: Reagan Flowers was a candidate for HCDE in Precinct 1 in 2012. I interviewed her at the time. I feel like she ran for something else since then, but if so I can’t find it.

The 2019 lineups are set

Barring any late disqualifications or other unexpected events, we have the candidates we’re getting on our 2019 ballot.

More than 125 candidates turned in paperwork to run for city office by Monday’s filing deadline, setting up a packed November ballot likely to leave every incumbent with at least one opponent.

The unusually crowded field is driven largely by the city’s move in 2015 to extend term limits, allowing officials to serve two four-year terms instead of three two-year terms, said Rice University political science Professor Bob Stein.

“It used to be that you just wouldn’t run against an incumbent. You would wait until they term-limited out,” Stein said. “Candidates are no longer getting the two-year pass.”

Thirteen candidates have filed to run for mayor, including incumbent Sylvester Turner, who is running for a second four-year term. Turner’s challengers include his 2015 runoff opponent, Bill King, lawyer and business owner Tony Buzbee, Councilman Dwight Boykins and former councilwoman Sue Lovell.

By Friday evening, the city’s legal department had approved applications from at least 97 candidates. Another 28 candidates had filed for office and were awaiting approval from the city attorney’s office, and an unknown additional number of candidates filed just before the 5 p.m. deadline.

Ten candidates were officially on the ballot for mayor, with three others awaiting legal department approval by the close of business Monday.

Early voting begins Oct. 21 and Election Day is Nov. 5.

Late additions include retreads like Orlando Sanchez, who I guess hasn’t found steady work since being booted as Treasurer, and Eric Dick, seeking to become the next Griff Griffin, who by the way also filed. Sanchez is running for Controller, while Dick is in At Large #5, and Griff is once again running in At Large #2.

And there’s also HISD.

Two Houston ISD trustees filed paperwork Monday to seek re-election and will each face a single challenger, while several candidates will jostle to fill two other open seats on a school board that could soon be stripped of power.

HISD Board President Diana Dávila and Trustee Sergio Lira made their re-election runs official hours before Monday’s afternoon deadline, while trustees Jolanda Jones and Rhonda Skillern-Jones will not seek another term.

Thirteen newcomers will aim to unseat the two incumbents or win vacant spots on the board. The prospective trustees will square off in a November general election and, if necessary, runoff elections in December.

So much for them all resigning. You can read each of the stories in toto to see who gets name-checked, or you can peruse the Erik Manning spreadsheet, which is fortified with essential vitamins and minerals. Note also that in the HCC races, Monica Flores Richart has the task of taking out the reprehensible Dave Wilson, while Rhonda Skillern-Jones faces Brendon Singh and Kathy Lynch Gunter for the trustee slot that Wilson is abandoning in his desperate attempt to stay on the Board, and Cynthia Gary appears to have no opposition in her quest to succeed Neeta Sane. Leave a comment and let us know what you think of your 2019 Houston/HISD/HCC candidates.

HISD has a lawsuit against the TEA over that ethics investigation

I missed the first act of this story, but that’s okay because this is where it gets interesting.

Lawyers for Houston ISD’s school board are seeking to stop the Texas Education Agency from replacing the district’s elected trustees following a state investigation into alleged misconduct, arguing the agency conducted a “one-sided investigation” that reached conclusions “unsupported by any credible evidence.”

In an amended lawsuit filed Friday, lawyers for the nine-member board cite several ways in which agency leaders violated trustees’ rights and failed to fully investigate allegations of wrongdoing. The lawsuit comes two weeks after TEA investigators determined several trustees violated the Texas Open Meetings Act, improperly influenced district contracts and overstepped their governance role — allegations denied by the HISD board’s lawyers.

The 49-page complaint argues that TEA officials were determined from the outset of the inquiry to oust HISD’s school board, failed to fully investigate allegations and incorrectly applied the law to their findings. In addition, the lawsuit alleges the agency is violating federal civil rights laws by only replacing school boards in districts where a majority of residents are people of color.

“TEA intends to punish the district by replacing Houston ISD’s elected board of trustees with an unelected board of managers — a sanction that is unavailable under the law and facts of this case,” David Campbell, a lawyer hired by HISD’s school board, wrote in the complaint.

[…]

TEA officials already had appointed a conservator to oversee the district due to chronically low performance at several campuses. Appointing a state board of managers is considered the next most serious sanction at the agency’s disposal. Morath has not issued a final decision, which likely will come in the next several weeks.

The HISD board’s lawsuit, however, seeks to negate virtually all of the TEA’s findings and stop Morath from replacing the board. Trustees originally filed the suit in June, seeking to preempt possible state sanctions resulting from any finding that board members violated the open meetings law. Friday’s amended petition expands trustees’ defense in response to specific allegations by TEA investigators.

Lawyers for the trustees argue that board members did not violate the Texas Open Meetings Act because they did not meet together as a group of five or talk about replacing Lathan.

“At the time of these discussions, no board members discussed any terms of employment, or any other matters regarding the potential appointment of Dr. Saavedra as interim superintendent,” Campbell wrote.

As noted, this lawsuit is about the results of the ethics investigation. That investigation began in January and expanded to include things beyond the original open meetings complaint. The lawsuit was filed in June, and if there was a story about that I missed it. I’m not going to comment on the merits of this lawsuit or its likelihood to succeed – in addition to Not Being A Lawyer, I haven’t had a chance to read the thing yet – but as noted even if this succeeds then the HISD Board is still not out of the woods because of the accountability ratings. Oh, and yesterday was the filing deadline, and none of the four trustees up for re-election had filed as of the weekend; I don’t know yet who’s in and who’s not, but will have an update on that by tomorrow. Never a dull moment, that’s for sure.

We await HISD’s fate

I mean, I think we know what it’s going to be, but there are still some questions.

Texas Education Commissioner Mike Morath came to and left the Greater Houston area Thursday without addressing one of the biggest issues on his agenda: the fate of Houston ISD’s school board.

In the coming weeks, Morath likely will be forced to decide whether to replace all trustees governing Texas’ largest school district or close one of HISD’s most historic campuses, the consequence of historic Wheatley High School failing to meet state academic standards for a seventh consecutive time. While Morath was in no mood to discuss the looming decision following the release of academic accountability ratings Thursday — he hurried out of an Aldine ISD school without answering questions or making a statement on HISD — a review of comments by the commissioner, his top deputies and state education leaders offers insight into the likely process.

Barring a successful appeal of Wheatley’s grade, which became public Thursday, Morath is widely expected to strip power from the nine HISD trustees and appoint a new board of managers comprised of Houston-area residents. The process likely would take multiple months to complete, with a replacement board seated sometime in early 2020.

“These are not going to be people that live in Austin,” Morath told the Houston Chronicle in the spring of 2018, when asked about the possibility of a state-appointed board taking control of HISD. “These are going to be well-qualified people that live in Houston that just didn’t want to run for school board before, but they wouldn’t mind being appointed.”

See here for the background, with the reminder that the Wheatley academic rating issue isn’t the only peril that the HISD Board faces. I was told by someone who teaches at Wheatley that their rating basically comes down to one student. The reason for this is that there are myriad sub-categories at each school that are also included in the accountability ratings, and not meeting standard in any one of them can cause the school to get an F even if the rest of their ratings were sufficient. It’s possible Wheatley could prevail in that appeal, and by all means they should pursue it, but as noted that would still not be the end of HISD’s troubles.

At this point it seems clear that the TEA will not close down Wheatley, which is the right call, so barring anything unexpected it’s all about how they go about replacing the Board. The Chron asks some good questions about how this may play out.

Intervention must be undertaken with respect and careful attention to community concerns. New board members must reflect the district’s diversity and its values. They must understand the communities they serve as well as grasp the importance of inclusion and best practices in their governance. The panel should include experienced educators, as well as candidates with financial expertise and civic involvement. There must be a clear plan for implementation, for measuring success — and a defined exit strategy.

Parents, educators, students and taxpayers, therefore, must step up to ask hard questions and demand that the state provide honest answers. How will members be chosen? What criteria will be used to ensure that state appointees prioritize the needs of HISD students? Will there be additional financial resources to help schools improve? Will a strong ethics policy be in place and enforced?

Above all, Morath and TEA must promise — and provide — transparency. Parents need to be confident that their children’s welfare is at the center of every decision, every discussion. Houston is done accepting any less.

As we know, and as both the story and the editorial state, the history of TEA intervention is mixed at best, so we better know going in what the goals are and what the path to achieving them is. Otherwise, we’re just wasting our time.

HISD misses on accountability ratings

There’s now a second reason for the TEA to step in and take over HISD.

Houston ISD moved a major step closer to temporarily losing local control over its school board Thursday, as long-awaited state academic accountability ratings showed one of the district’s longest-struggling campuses received its seventh consecutive failing grade, triggering a Texas law requiring harsh sanctions.

Barring a successful HISD appeal of Wheatley High School’s rating in the next several weeks, state law mandates that Texas Education Commissioner Mike Morath now must close the historic Fifth Ward campus or replace the district’s much-maligned school board with a state-appointed governance team. Morath and the agency’s leaders have strongly suggested they would appoint a new school board if forced to act.

The state law demands action against any district with a campus receiving five consecutive failing grades as of 2018, regardless of the district’s size. Wheatley avoided triggering sanctions last year because it received an accountability waiver due to Hurricane Harvey, but the campus narrowly fell short of meeting standards this year.

HISD received a “B” grade for districtwide performance, on par with many of the state’s largest urban districts. Its overall score of 88 marked a 4-point improvement over last year.

Twenty-one HISD schools received an “F” grade, equal to 7.5 percent of all district campuses. An identical number of HISD schools did not meet state academic standards last year, though most received a Harvey waiver.

Notably, several HISD high schools met standard after struggling in recent years. Kashmere High School received a “C” grade, the first time it has met standard in 11 years. Madison, Sterling and Washington high schools also earned “C” grades, while North Forest and Yates high schools narrowly missed a “C” rating and scored “D”s.

See here, here, and here for the background.As with the ethics investigation, in which the HISD board has a chance to respond, there’s an appeal process available for Wheatley. It should be noted, they came pretty close to making the grade, and the other three all did quite well. Which is not to say that all is wine and roses, as other schools got failing grades, and we could wind up in a similar place in a couple of years. Plus, as the Trib noted, other school districts in the same situation as HISD took advantage of the partnership provision of HB1842 to put the day of reckoning off for two more years. As we well know, that option was rejected by HISD in response to public pressure, without ever being fully explored. I thought that was a bad decision at the time, and I feel very justified in feeling that way today.

At this point, the only viable way forward that I see for anyone who wants to fight this is to explore legal action. TEA Commissioner Mike Morath has been very clear in past public statements that the law does not give him any discretion in this matter. Either the failing schools (just Wheatley in this case) are closed, or a new Board of Trustees is appointed. A lawsuit could challenge that interpretation, and who knows, maybe it could succeed. I doubt it, but it’s got to be better odds than trying to put pressure on state leadership to find an alternative.

HISD Trustee Sue Deigaard wrote this op-ed about how we got here, detailing several points of failure by the Board. Perhaps if all nine Board members offered to resign on the spot, thus allowing an election of a new Board, that might satisfy the TEA. It would have to happen right now, because the filing deadline in Sunday, and we’d need to get a bunch of candidates up and running by then. This too is probably a pipe dream, but I don’t know what else there is to suggest at this time.

UPDATE: From this morning’s version of the story:

During an appearance with Morath on Thursday, state Rep. Dan Huberty, R-Humble, said HISD officials did not take advantage of funding opportunities and legislative maneuvers that could have staved off intervention. He cited the school board’s refusal to surrender control of long-struggling campuses to outside entities, an arrangement that could have temporarily prevented sanctions and brought an additional $1,800 per student to those campuses.

“We’ve given them every opportunity to be successful, and they continue to choose not to,” said Huberty, who chairs the Texas House’s Public Education Committee.

I hate to keep harping on the partnership thing, but as you can see it’s going to be used against the Board. And I hadn’t even known about the extra funds for students that was available.

July 2019 campaign finance reports: HISD and HCC

One last look at July finance reports. I’m lumping together reports for HISD and HCC, in part because there’s some crossover, and in part because there’s not all that much to these. As always, refer to the Erik Manning candidate spreadsheet, and note that for a variety of reasons people may not have had a report to file for this period. January reports for all HCC incumbents are here and for all HISD incumbents are here. I only checked on those whose terms are up this year for this post.

Yes, despite the recent unpleasantness (which as of today may be compounded), there will be elections for HISD Trustee. HISD incumbent reports can be found via their individual Trustee pages, while reports for candidates who are not incumbents are found on a separate Elections page for the year in question, which for 2019 is here. Annoying, but it is what it is. Reports for HCC incumbents and candidates can be found here, though this includes a number of people who are not running for anything but have had reports in the past. There doesn’t seem to be much rhyme or reason to it, but at least they’re online now. Here are the reports of interest:

Rodrick Davison – HISD II

Sergio Lira – HISD III

Jolanda Jones – HISD IV
Matt Barnes – HISD IV
Ashley Butler (CTA) – HISD IV

Diana Davila – HISD VIII
Judith Cruz – HISD VIII

Dave Wilson – HCC 1

Rhonda Skillern-Jones – HCC 2

Neeta Sane – HCC 7


Candidate     Raised      Spent     Loan     On Hand
====================================================
Davison            0          0        0           0
Lira               0          0        0       6,007
Jones              0          0        0      12,260
Barnes        18,246      2,586    2,491      15,310
Davila             0          0   19,178           0
Cruz          14,717      3,340        0      10,043

Wilson             0          0   12,782           0
S-Jones        9,300      4,310        0       5,281
Sane               0      4,766        0       6,553

As before, not a whole lot of activity, so let’s talk again about who’s running for what. So far, Rodrick Davison is the only candidate for the now-open HISD II position. Amazingly, Rhoda Skillern-Jones was first elected in 2011 when the seat was vacated by Carol Mims Galloway, and she was unopposed in that race. I did not find a website or campaign Facebook page for Davison (his personal Facebook page is here), but a Google search for him found this, which, um. Matt Barnes, Ashley Butler, and perennial candidate Larry McKinzie are running in HISD IV, which is now also an open seat. Still no word about what Diana Davila will do, but the filing deadline is Sunday, so we’ll know soon.

As we know, Monica Flores Richart is the candidate tasked with ending the execrable Dave Wilson’s career on the HCC Board. Brendon Singh is also running in HCC 2. Cynthia Gary, who has been a Fort Bend ISD trustee and past candidate for Sugar Land City Council, is the only candidate so far seeking to win the seat being vacated by Neeta Sane. We’ll check back on this after the filing deadline, which is August 16 and thus rapidly closing in. If you know of any further news relating to these races, please leave a comment.

So what’s the goal of a TEA takeover of HISD?

The history of TEA takeovers of school districts is mixed, so we ought to be clear about what the forthcoming takeover of HISD is supposed to do.

In recent years, districts subject to state-appointed boards successfully have balanced budgets and repaired leadership fissures but mostly struggled to immediately raise student achievement.

The immediate track record of state-appointed school boards does not bode well for drastic, quick repairs in the state’s largest school district, which has been dogged by chronically low performance at several schools and allegations of misconduct by trustees. HISD could trigger the appointment of a replacement school board if any one of four long-struggling schools fails to meet state academic standards this month, or if Texas Education Commissioner Mike Morath upholds his staff’s recommendation this week to remove trustees following an investigation into alleged misconduct.

However, HISD presents a unique case with no precedent in state or national education. Never before has a public school district with 200,000-plus students, relatively strong districtwide academic performance and a solid balance sheet lost local control over its governance. A replacement board likely would be tasked with addressing the district’s lowest-rated campuses and resetting governance of HISD.

Ben Melson, director of public policy for the Greater Houston Partnership, which has advocated for installing a board of managers in HISD, said replacement boards in other Texas districts have “had a lot of success in addressing very specific issues” that prompted their appointment. Districts such as Beaumont and Edgewood ISD in San Antonio, however, remain low-rated academically, each receiving the equivalent of a “D” grade last year under the state’s accountability system.

“On that front, you see student assessment results, student outcomes overall, really stay stagnant,” said Melson, who has researched the efficacy of boards of managers for the partnership. “There really was no significant increase or decrease over the time of the board of managers. It’ll be an interesting opportunity for a board of managers to have their sole focus on students and improving student outcomes.”

The possible appointment of a replacement board largely has split the HISD community, with supporters arguing the move would refocus district efforts on students and opponents decrying it as an undemocratic seizure of power by state bureaucrats. To date, public outcry about losing local control over the district has been relatively muted.

See here and here for the background. There are two reasons why the TEA will or may exercise its authority to oust the Board of Trustees: The ethics investigation that has already led to a recommendation to take over, and the need for those four schools to make standards, which may lead to the same recommendation. That suggests two obvious goals: To get those schools up to standard, and to improve the functioning of the Board. The latter seems more achievable – at least, there’s a direct path to it, by the simple expedient of most if not all of the current members stepping down. Two of them are already doing so, with a third being rumored to do so this year. No guarantees of course – maybe the next generation of Board members that get elected will have similar problems – but it’s the obvious way to go.

Bringing the four schools up to standard is another matter. Ideally, the work HISD has done already will accomplish that – we’ll know very soon one way or the other. If one or more of them don’t make it, then it’s on the TEA and its appointed Trustees to do better. As noted in the story, that’s not so easily done. The way forward is not clear. If I’m the TEA, I know what outcome I’m rooting for.

As for the reaction to the TEA stepping in, I’m not happy about what is happening, but as I said before, it’s hard to be too vehement in defense of the Board. It’s hard for me to say that – I know most of the Trustees, and I like them. For whatever the reason, they didn’t function well together. The report is unflattering. I wish none of this was the case. I have no particular reason to trust the TEA, or to think the appointed Trustees will be any better qualified or more likely to make progress on the issues HISD now faces. But this is the situation we’re in, and the aim should be to get HISD’s governance back on track. I don’t know what else to say.

Previous interviews with current candidates

I’ve said a few times that I’m going to be doing just a few interviews this fall. I will start publishing them tomorrow. I may pick up some more for the runoffs, but for now my schedule just does not accommodate anything more than that. But! That doesn’t mean you can’t listen to past interviews with some of the people on your November ballot. Many of the people running now have run for something before, and in many of those cases I interviewed them. Here then is a list of those past interviews. The office listed next to some of them is the office they now seek, and the year in parentheses is when I spoke to them. Note that a few of these people have been interviewed more than once; in those cases, I went with the most recent conversation. Enjoy!

Mayor:

Sylvester Turner (2015)
Bill King (2015)
Dwight Boykins (2013)
Sue Lovell (2009)

Council:

Amy Peck – District A (2013)
Alvin Byrd – District B (2011)
Kendra Yarbrough Camarena – District C (2010)
Carolyn Evans-Shabazz – District D (2017)
Richard Nguyen – District F (2015)
Greg Travis – District G (2015)
Karla Cisneros – District H (2015)
Robert Gallegos – District I (2015)
Jim Bigham – District J (2015)
Edward Pollard – District J (2016)

Mike Knox – At Large #1 (2013)
Georgia Provost – At Large #1 (2013)
David Robinson – At Large #2 (2015)
Michael Kubosh – At Large #3 (2013)
Letitia Plummer – At Large #4 (2018)

Controller:

Chris Brown – City Controller (2015)

HISD:

Sergio Lira – District III (2015)
Jolanda Jones – District IV (2015)
Judith Cruz – District VIII

HCC:

Monica Flores Richart – District 1 (2017)
Rhonda Skillern-Jones – District 2 (2015)

Initial reaction to the TEA action on HISD

Lots of wait and see so far.

Houston-area political and community leaders offered muted response Thursday to a state recommendation issued this week to replace Houston ISD’s school board, reserving judgment until more details are known about a Texas Education Agency investigation into allegations of misconduct by multiple trustees.

One day after the state’s recommendation became public via media reports, area officials grappled with questions about the investigation while reinforcing their beliefs about the appropriateness of dramatic intervention in Texas’ largest school district. The recommendation is contained in a Texas Education Agency investigative report that circulated only among HISD officials and state lawmakers until Thursday evening, when the full document became public through a federal court filing.

The report documents multiple instances of alleged wrongdoing by trustees, varying in severity. The most serious findings include five trustees violating the Texas Open Meetings Act, multiple board members interfering in district operations and Board President Diana Dávila conspiring to steer a custodial contract to a preferred vendor. HISD officials have until Aug. 15 to formally respond to the allegations, after which Texas Education Commissioner Mike Morath will decide whether to implement the recommendation made by his staff.

“In order to make an informed opinion, I need to really sink my teeth in the report,” said state Sen. Carol Alvarado, D-Houston. “I will do that over the next couple days and look to see what HISD’s response is.”

HISD trustees and community members offered few comments about the investigation Thursday during a regularly-scheduled meeting, which passed with only fleeting references to the report. Dávila, who has denied the multiple allegations levied against her in the state’s report, issued a call for retaining local control over the school district.

“The citizens of Houston should not be punished by taking away their democratic right to be able to elect, or un-elect, those that they feel do not support what’s in the best interest of students,” Dávila said.

Several other trustees have declined to comment on the report or not responded to requests for comment. As she left Thursday’s meeting, HISD Trustee Elizabeth Santos said she is “waiting for due process” before commenting on allegations that she violated open meetings laws.

See here for the background. The report is here, published via the Chron, and since I haven’t read it yet I’ll not have anything further to say just yet. I will note I haven’t seen much posting about it on Facebook, though I can’t say I’ve been comprehensive. Maybe HISD will have a good response to it, I don’t know. For now, I’d say a lot of people are processing. Campos and the Press have more.

It looks like we’re getting a new school board

What a mess.

Texas Education Agency officials have recommended that a state-appointed governing team replace Houston ISD’s locally elected school board after a six-month investigation found several instances of alleged misconduct by some trustees, including violations of the Texas Open Meetings Act, inappropriate influencing of vendor contracts and making false statements to investigators.

The recommendation and findings, issued by TEA Special Investigations Unit Director Jason Hewitt, will not become final until HISD officials have had an opportunity to respond. Texas Education Commissioner Mike Morath, who leads the agency, ultimately will decide whether to oust HISD’s school board. HISD officials have until Aug. 15 to respond, and Morath likely would issue a final decision in the following weeks.

In his recommendation, Hewitt wrote that HISD trustees should be replaced by a state-appointed board due to their “demonstrated inability to appropriately govern, inability to operate within the scope of their authority, circumventing the authority of the superintendent, and inability to ensure proper contract procurement laws are followed.”

[…]

In their report, state investigators outline multiple years of failed oversight and improper behavior by HISD’s much-maligned school board, which long has grappled with in-fighting and distrust. Conflict within the board reached a boiling point in the summer and fall of 2018 when trustees clashed over whether to retain Lathan, who took over as interim superintendent following Richard Carranza’s abrupt departure to become chancellor of New York City public schools.

Five board members had grown particularly frustrated with Lathan, believing she had not been responsive to their desires for the district and failed to adequately protect them from a threat posed by a community activist.

Through interviews and a review of text messages, state investigators determined the five trustees — Board President Diana Dávila, Holly Maria Flynn Vilaseca, Sergio Lira, Elizabeth Santos and Anne Sung — secretly met with former HISD superintendent Abelardo Saavedra in two separate groups to coordinate ousting Lathan and installing him as interim superintendent. The meetings took place at a Houston restaurant on the same day in October 2018, the report said. Investigators determined that arrangement constituted a “walking quorum,” in violation of state law that requires trustees to conduct district business in public.

Three days later, the five trustees voted to replace Lathan with Saavedra, offering no advance warning to the public or the other four board members about the move. Trustees reinstated Lathan within a week of the vote following intense public backlash. Lathan remains the district’s indefinite leader.

TEA officials interviewed trustees as part of their investigation, ultimately determining that Dávila and Lira falsely claimed in interviews with investigators that they only met one-on-one with Saavedra. In separate interviews, Saavedra and Flynn Vilaseca placed Dávila and Lira at the restaurant meetings, the report states.

In an interview Wednesday, Dávila said she provided her best recollection of meeting Saavedra to TEA investigators, and denied that she attempted to mislead state officials.

“They wanted us to remember things that happened six, seven months prior to us being interviewed,” Dávila said.

So in the end it will be the ethics investigation that brings down the Board. We’ll get the performance results for the schools, including the four that needed to meet standards this year, on August 15, so there may be another cause for the demise, but this one came first. This isn’t final yet – the Board has until the 15th to respond to this report, and then TEA Commissioner Mike Morath gets to make his ruling – but the handwriting on the wall is quite clear. The state is stepping in to take over the HISD Board.

The report isn’t public yet – I presume it will be by the time Morath issues his ruling – but the Chron got to see it. The other misconduct allegations reported in the story apply to Diana Davila, with Sergio Lira also being accused of not being truthful to investigators. I feel like in other circumstances, with a Board that wasn’t already under a conservator, this would be an embarrassment but not the end of the existing Board. In such other circumstances, I might be moved to outrage at the prospect of our democratically elected Board being summarily replaced, even if only for a couple of years, by state-selected trustees. I find it hard to muster any such reaction this time. I find myself resignedly in agreement with this:

Trustee Jolanda Jones, who frequently has criticized colleagues who voted to oust Lathan, said replacement of the school board is “sadly, unfortunately” in the district’s best interests.

“I think it’s tragic, but I think the alternative is worse,” Jones said.

The good news, such as it is, is that the four schools in question, which have been making progress, will probably not be closed. That was a huge point of contention with the parent groups. If that’s truly off the table, then my guess is that reaction to this will be somewhat more muted. Who is going to step up to defend the current board, and demand that the TEA leave them in place?

It should be noted that there will still be elections for HISD trustees this November. These elected trustees, along with the others that are not on the November ballot, will still serve but have much less power in the interim. At least two of the four trustees whose terms are up this year (Rhonda Skillern-Jones, who is running for HCC Board, and Jolanda Jones) have announced they are not running for re-election, with Davila being rumored to not run again as well. If the end result of all this is that in another two or four years we get to elect nine new members, and (hopefully) the sword of Damocles that is the academic standards issue is not looming over us when we do (good luck with that, whoever the TEA picks to run the place), I find it hard to be too upset about that. I’m certainly not more upset than I am about everything that led to this.

An update on the races in HISD and HCC

As you know, there’s been a lot of action not just in the Houston City Council races but also in the 2020 election races. That doesn’t mean things have been dull in HISD and HCC, which of course have elections this November as well. I’m going to bring you up to date on who’s doing what in HISD and HCC, which as always deserve more attention than they usually get. We will refer to the Erik Manning spreadsheet for the names, though there will be some detours and some plot twists. Settle in and let’s get started.

There are four HISD Trustees up for election this cycle: Rhonda Skillern-Jones (district II), Sergio Lira (III), Jolanda Jones (IV), and Diana Davila (VIII). Lira, running for his first full term after winning in 2017 to succeed the late Manuel Rodriguez. He has no declared opponent at this time.

Rhonda Skillern-Jones has decided to step down from HISD and is now running for HCC Trustee in District 2. That’s the district currently held by the execrable Dave Wilson. (Hold that thought for a moment.) Her jump to HCC has been known for about a week, but as yet no candidate has emerged to announce a run in HISD II. I’m sure that will happen soon.

Diana Davila is being challenged by Judith Cruz, who ran for this same seat in 2010 after Davila’s abrupt departure when she was first an HISD Trustee; Cruz lost the Juliet Stipeche, who was then defeated by Davila in a return engagement in 2015. Davila has been at the center of much of the recent chaos on the Board, especially the disputes over interim Superintendent Grenita Lathan. I would expect that to be part of this campaign.

Jolanda Jones has two challengers for what would be her second term on the Board. One is perennial candidate Larry McKinzie, the other is Matt Barnes, a career educator with some charter school experience that I’m sure won’t cause any issues at all for anyone in this election. Ahem. A possible complicating factor here (we do love complicating factors) is that there has been chatter about Jones running for City Council again, this time in District D. It’s not the first time that this possibility has arisen. To be clear, as far as I know and unlike that other time, Jolanda Jones herself has not said anything about running for Council. This is 100% speculation based on other people talking about it, which I as an irresponsible non-journalist am mentioning without bothering to check for myself. I do that in part because it allows me to dredge up the past discussion we had about whether the term limits law that existed in 2012 would have allowed Jones to run for Council again, and from there to pivot to whether the same questions apply to the updated term limits law. Jones served two two-year terms and would hypothetically be running for a third and final term, which would be for four years. Council members who were first elected in 2011, such as Jack Christie, got to serve a total of eight years via this mechanism, and because the updated term limits law that was ratified by voters in 2015 was written to exempt current Council members who were not on their third terms. Would that also cover a former Council member who had served two terms? I have no idea, but if the question became relevant, I feel confident that lawyers and courtrooms would quickly become involved, and we’d eventually get an answer. See why this was irresistible to me? Anyway, all of this is probably for nothing, but I had fun talking about it and I hope you did, too.

Now for HCC. There are three HCC Trustees whose terms are up: Zeph Capo (District 1), the aforementioned Dave Wilson (District 2), and Neeta Sane (District 7). We’ll start with Sane, whose district covers part of Fort Bend County. She is running for Fort Bend County Tax Assessor in 2020 (she had previously run for FBC Treasurer in 2006, before winning her first term on the HCC Board), and while she could run for re-election in HCC first, she appears to not be doing so. Erik’s spreadsheet has no candidate in this slot at this time.

Zeph Capo is also not running for re-election. His job with the Texas AFT will be taking him to Austin, so he is stepping down. In his place is Monica Flores Richart, who had run for HISD Trustee in my district in 2017. Capo is Richart’s campaign treasurer, so that’s all very nice and good.

And that’s where this gets complicated. Dave Wilson is the lone Trustee of these three who is running in 2019. He is not, however, running for re-election in District 2. He is instead running in District 1, where I’m guessing he thinks he’ll have a chance of winning now that the voters in District 2 are aware he’s a conservative white Republican and not a black man or the cousin of former State Rep. Ron Wilson. I’m sure Rhonda Skillern-Jones would have wiped the floor with him, but now he’s running for an open seat. He won’t have the same cover of stealth this time, though. You can help by supporting Monica Flores Richart and by making sure everyone you know knows about this race and what a turd Dave Wilson is. Don’t let him get away with this.

(Hey, remember the big legal fight over Wilson’s residency following his fluke 2013 election, and how he insisted that the warehouse he moved into was his real home? So much for that. I assume he has another warehouse to occupy, which is totally fine because our state residency laws are basically meaningless.)

Finally, while their terms are not up, there are two other HCC Trustees who are seeking other offices and thus may cause further vacancies. Eva Loredo, the trustee in District 8, has filed a designation of treasurer to run for Justice of the Peace in Precinct 6 next March, while current Board chair Carolyn Evans-Shabazz in District 4 is now a candidate for City Council District D. If Wilson loses (please, please, please) and these two win theirs we could have five new members within the next year and a half, which would be a majority of the nine-member Board. The Board would appoint replacements for Evans-Shabazz and/or Loredo if they resign following a victory in their other elections, and there would then be an election for the remainder of their terms. I will of course keep an eye on that. In the meantime, if you can fill in any of the blanks we’ve discussed here, please leave a comment.

How long will that TEA ethics investigation of HISD take?

Could be months, but they don’t really know.

The state investigation into allegations of Open Meetings Act and procurement violations by some Houston ISD trustees could last months, a top Texas Education Agency official said Saturday, potentially leaving the district and its superintendent search in limbo.

At a town hall attended by about 50 people, TEA Deputy Commissioner of Governance A.J. Crabill said state officials are still conducting a special accreditation investigation into HISD, with the most severe possible punishment resulting in school board members surrendering their powers to a state-appointed governing team. TEA officials have not provided a timeline for the investigation, which started in January, but Crabill said initial results likely are not imminent.

“My best guess is that the state is still several months away from a preliminary report,” Crabill said, while cautioning that he is not directly involved in the investigation.

Crabill’s comments came during a wide-ranging question-and-answer session, held at a downtown Houston church, that offered some clarity to residents concerned about the threat of sanctions looming over Texas’ largest school system. In addition to any fallout from the state investigation, HISD likely would lose local control of its school board if any one of four chronically low-performing campuses fails to meet state academic standards this year.

Crabill offered no hints as to whether HISD’s school board will fall out of power, telling the crowd it’s too early to predict outcomes of the state investigation or academic performance this year. He reassured those in attendance that an appointed board would hold power for only a few years, gradually transitioning back to a locally elected body.

The state-appointed board would be tasked with addressing a narrow set of pressing issues while carrying out the day-to-day functions of a traditional school board, Crabill said. In HISD’s case, the state-appointed board primarily would be tasked with improving student achievement at the lowest-performing campuses, where standardized test scores rank near the bottom in Texas and historical patterns suggest about two-thirds of graduates will not enroll in college.

See here, here, and here for the background. My understanding is that the accountability scores should be known by about August or so, meaning that we’ll know by then if the schools that must meet standards have done so or not. As is usually the case with these stories, I’m lost for much to say beyond I hope everything works out.

Achieve 180 schools showing progress

I hope it’s enough.

Houston ISD schools covered by the district’s $16 million campus turnaround plan saw modest improvements in the program’s first year — enough to outpace gains reported across the district, but not nearly enough to pull chronically low-performing schools on par with peers.

A report published this week by HISD showed the 44 schools included in the turnaround plan, known as Achieve 180, largely exceeded or mirrored district improvements in 2017-18 on several key academic and behavioral metrics, including state standardized test scores, exclusionary discipline rates and participation in more challenging courses. The improvements were reflected in the number of Achieve 180 schools meeting state standard — and avoiding the dreaded “improvement required” label — rising from 18 in 2017 to 33 in 2018.

In some areas, however, Achieve 180 schools saw little to no positive movement. Student attendance and chronic absenteeism rates remained stagnant, which district officials largely attributed to the effects of Hurricane Harvey. Out-of-school suspension rates barely moved, remaining three times greater than non-Achieve 180 schools. Highly-rated teachers did not move in large numbers to Achieve 180 schools, unswayed by $5,000 bonuses offered by district officials.

In an interview Thursday, HISD’s area superintendent responsible for Achieve 180, Felicia Adams, said district leaders were “pretty satisfied” with the first-year results, especially since some campuses implemented portions of the initiative later in the 2017-18 school year.

“These are schools that have been struggling for quite some time. To at least get out of being an ‘improved requirement’ campus was a major gain for many of them,” Adams said.

[…]

According to the district report, which analyzed student performance in 2017-18 relative to the prior year, math and reading passage rates on STAAR, the state’s primary standardized test, rose about 6 percent in Achieve 180 schools — double the 3 percent increase seen across the rest of the district.

The use of in-school suspensions also dropped by about 21 percent at Achieve 180 schools, roughly the same rate as campuses not covered by the initiative.

Perhaps most notably, about 8 percent more students in Achieve 180 schools took an Advanced Placement exam last year, while 3 percent fewer students in non-Achieve 180 schools sat for a test.

Even with the improvements in STAAR test performance, passage rates at Achieve 180 schools remain roughly 15 percent to 20 percent lower than the rest of the district. In addition, students at Achieve 180 schools passed about 14 percent of their Advanced Placement exams in 2018, compared to 39 percent throughout HISD.

Some Achieve 180 schools also fell further behind last year, including four campuses that have failed to meet state academic standards for four-plus consecutive years.

That, obviously, is the most important metric right now. The overall improvements are great, and one wonders how much more could be done with sufficient resources and some more time, but either those four schools make standard or the TEA climbs aboard. For all the mishegas at HISD this year, and with the continued uncertainty surrounding the HISD Board, Achieve 180 is worthwhile program that has generated real results. Again, as above, I just hope it’s enough.

HISD conservator suspends superintendent search

Halt!

A state-appointed conservator ordered Houston ISD trustees on Monday to suspend their search for a permanent superintendent, an unprecedented intervention in the state’s largest school district.

In a letter sent to HISD trustees, the conservator, Doris Delaney, said she is exercising her legally-authorized power to “direct an action to be taken” by a school board. HISD trustees were days away from naming a lone finalist for the district’s superintendent position, with a final round of candidate interviews scheduled for Monday and Tuesday.

Delaney said she is ordering the search suspended “until the agency has completed its special accreditation investigation” into the district. The investigation, which involves allegations of Texas Open Meetings Act violations by five trustees, has been ongoing since January.

Trustee Jolanda Jones, who is not among the five trustees under review, also tweeted Monday that the investigation has expanded to include “malfeasance regarding contracts” with vendors, offering no additional details. Texas Education Agency officials said they could not comment on the ongoing investigation. Jones could not immediately be reached for comment.

Delaney’s move is a potentially ominous sign for HISD’s school board, which could be replaced by the state later this year due to chronically low performance at a few campuses or potential findings of malfeasance by trustees. If state officials replace HISD trustees, Texas Education Commissioner Mike Morath would have the legal responsibility of choosing the district’s superintendent, with no obligation to keep the school board’s choice.

See here and here for some background. On the one hand, I understand where Dr. Delaney is coming from. This investigation is a serious matter, and if it turns out that some number of Trustees were involved in violating the (now less potent) Open Meetings Act, one can make a good case that they have forfeited the right to name a Superintendent. On the other hand, the (resumed) search has been going on for awhile, so maybe she could have said something sooner? I wasn’t sure what to make of that at first, but perhaps this explains it.

Texas Education Commissioner Mike Morath sent Houston school officials a letter detailing an expanded role for the conservator, Doris Delaney, according to the news outlet. Her duties now include “attending board meetings and overseeing the district’s governance,” according to the letter Houston Public Media posted Monday.

You can see the letter here. That seems portentious, but maybe I’m reading too much into it. All I know is that I hope this is wrapped up quickly and favorably. I can’t take any more drama. The Press has more.

Not so open meetings

We’ll have to see how big a deal this is.

In a major blow to the state’s government transparency laws, Texas’ highest criminal court has struck down a significant provision of the Texas Open Meetings Act, calling it “unconstitutionally vague.”

That law, which imposes basic requirements providing for public access to and information about governmental meetings, makes it a crime for public officials to “knowingly [conspire] to circumvent this chapter by meeting in numbers less than a quorum for the purpose of secret deliberations.” That provision aims to keep public officials from convening smaller meetings — without an official quorum present — to discuss public business outside the view of the taxpayers and the media.

Craig Doyal, the Montgomery County judge, was indicted under that statute for allegedly conducting “secret deliberations” — without a quorum of the commissioners court present — about a November 2015 county road bond. Doyal filed to have the charges dismissed, claiming the statute was unconstitutional. The case eventually made it to the Texas Court of Criminal Appeals, which handed him a victory Wednesday. Two judges on the nine-member, all-Republican court dissented.

“We do not doubt the legislature’s power to prevent government officials from using clever tactics to circumvent the purpose and effect of the Texas Open Meetings Act,” Presiding Judge Sharon Keller wrote for the majority. “But the statute before us wholly lacks any specificity, and any narrowing construction we could impose would be just a guess, an imposition of our own judicial views. This we decline to do.”

Attorneys for Doyal argued months ago that the case should not be interpreted as a broad “take-down of the entire Texas Open Meetings Act.”

“This case is not about discussions of public matters in a quorum,” they wrote in a July 2018 brief. “This case is not about shutting out the public and the press from the political process.”

But open government advocates warned that the ruling, while specific to one slice of the open meetings act, importantly undermines its aims.

“I’m disappointed in the ruling,” said Kelley Shannon, executive director of the Freedom of Information Foundation of Texas. “Some people will use it as a chance to try to get around the spirit of the law. But the vast majority of people want to follow the law and want the public to understand government and participate in government. The vast majority of public officials know they can’t go around in secret and deliberate.”

See here for a bit of background on the Doyal case. I don’t know about you, but I have always assumed that Sharon Keller imposes her own judicial views on every appeal she hears. Be that as it may, my first thought on reading this story was whether it might have an effect on the accusations against five HISD trustees who are alleged to have formed a “walking quorum” and met illegally to discuss replacing Superintendent Grenita Lathan. That charge, if justified, represents another reason for the TEA to take over HISD. Unless, I presume, it turns out that what they allegedly did wasn’t actually illegal. As of yesterday, that was unclear.

The ruling could impact the Texas Education Agency’s investigation into allegations of Open Meetings Act violations by some members of the Houston ISD Board of Trustees.

TEA officials are investigating whether five trustees illegally coordinated ahead of an October 2018 vote to oust Interim Superintendent Grenita Lathan, who took over the position indefinitely in March 2018. The five trustees each spoke with Lathan’s chosen replacement, Abelardo Saavedra, prior to the vote. Some trustees have said they communicated with one other board member about a potential motion to remove Lathan.

Trustees ultimately voted 5-4 to replace Lathan with Saavedra, but they reversed the decision several days later following intense public backlash and Saavedra’s decision to back out of the job. Saavedra told the Houston Chronicle he quickly discovered HISD’s issues stemmed from the school board, as opposed to Lathan’s administration.

TEA opened a special accreditation investigation in January after receiving “multiple complaints” about violations of the Open Meetings Act. TEA leaders said they are investigating whether trustees were “deliberating district business prior to a regularly scheduled board meeting,” regarding Lathan’s removal.

While the notice alludes to misconduct described in the same statute that was overturned Wednesday, TEA officials did not indicate they are investigating HISD based on that statute. Rather, the TEA notice lists the entire chapter of open meetings laws, leaving it unclear whether the investigation rested entirely on the now-invalidated statute.

TEA officials declined to comment Wednesday “due to the open investigation.”

I Am Not A Lawyer and am thus not qualified to assess that possibility, but as a blogger I’m fully capable of speculating about it. My point is that this ruling may well have some odd and unexpected consequences. Greg Abbott says he wants state agencies to “continue to follow the spirit of the law”, whatever that means. I expect that would eventually lead to more litigation, until or unless the Lege fixes the law to satisfy this ruling. Anything is possible, but I tend to bet the under in these matters. Welcome to the mostly post-Open Meetings Act world that we now live in. The Observer has more.

Superintendent search will continue

For the time being, at least.

Houston ISD’s pursuit of a permanent superintendent will continue after trustees rejected a motion Thursday to suspend the search amid a recently launched state investigation into potential violations of open meetings laws.

Trustees voted 5-3 to continue the search for a permanent leader to replace former superintendent Richard Carranza, who left the district in March 2018 to become chancellor of New York City public schools. Three trustees who favored suspending the effort argued the district cannot attract qualified candidates with the looming threat of sanctions tied to the state investigation, while the five opponents argued the district should push forward despite the inquiry.

“I promised my community that I would do a superintendent search, and that’s what I’m following.” said HISD Board President Diana Dávila, who voted against suspending the search.

[…]

The three trustees who supported suspending the search — Wanda Adams, Jolanda Jones and Rhonda Skillern-Jones — have all advocated for permanently retaining Interim Superintendent Grenita Lathan, arguing she has proven her ability to lead the district.

The trio of trustees have been highly critical of five board members who secretly communicated with former HISD superintendent Abelardo Saavedra, then voted in October 2018 to replace Lathan with Saavedra. Allegations of open meetings act violations by the five trustees who spoke to Saavedra triggered a special accreditation agency investigation by the Texas Education Agency. The five trustees have denied wrongdoing.

Supporters of suspending the search argued the potential for severe sanctions tied to the investigation will limit the pool of candidates willing to jump to HISD. If state officials order the replacement of the HISD board, new trustees could immediately replace the freshly hired superintendent.

“I cannot imagine that a highly qualified candidate who is rational and sane would come here in the face of uncertainty, when they may not have a job soon,” Skillern-Jones said.

The five trustees who voted against the motion Thursday — Dávila, Holly Maria Flynn Vilaseca, Sergio Lira, Elizabeth Santos and Anne Sung — have pushed for a nationwide search. Trustee Sue Deigaard, who previously supported giving Lathan a short-term contract and simultaneously conducting a nationwide search, abstained from Thursday’s vote, telling her colleagues she is “not going to be part of this divide anymore.”

“We all need to figure this out and not continue to be divisive on this subject,” Deigaard said.

I mean, as a matter of principle it’s generally a good idea to search far and wide for the best candidate. Under normal circumstances, the HISD job is pretty plum – it’s a big district with a good financial foundation and a lot of high-performing schools, and more than one former Superintendent has gone on to bigger things. For obvious reasons, the job isn’t quite as attractive right now – the search firm says the potential of a TEA takeover has been mentioned by numerous candidates. There’s a good case to be made for Trustee Deigaard’s position of extending Superintendent Lathan for now, and resuming the search later, say in a year or so, when the immediate issues have been clarified, if not resolved. One can also reasonably argue that with so much on the line right now, it’s wiser to leave the Superintendent in place who has been doing the work to get the four schools that need to meet standards up to those standards. By all accounts, the current program for bringing the schools in need up to standard has been working well. I don’t know enough to say that I’d support making Superintendent Lathan permanent at this time, but I’d definitely support keeping her in place for the near term and revisiting the question at a later date. As I’ve said before about all things HISD, I sure hope this works out. The Press has more.

January 2019 finance reports: HISD

Odd-numbered years mean three types of elections in Houston – city, HISD, and HCC. We’ve looked at the finance reports for city candidates, now let’s have a look at the reports for HISD trustees, which I’ve separated into those up for election this year and those not up till 2021.

Rhonda Skillern-Jones, District II
Sergio Lira, District III
Jolanda Jones, District IV
Diana Davila, District VII

Elizabeth Santos, District I
Sue Deigaard, District V
Holly Flynn Vilaseca, District VI
Anne Sung, District VII
Wanda Adams, District IX


Name              Raised    Spent    Loan  On Hand
==================================================
Skillern-Jones         0    2,104       0      291
Lira               2,165      229       0    6,007
Jones                  0        0       0   12,259
Davila                 0        0  19,178        0

Santos                 0      452       0    4,354
Deigaard               0      848       0    6,634
Vilaseca               0      688       0    3,818
Sung                   0      308       0    5,290
Adams                  0    2,088       0      238

Pretty boring, I’m afraid. Diana Davila left her “cash on hand” field blank, so I don’t know for a fact that she has zero on hand; she may have some amount of that $19K loan available. I don’t know why Rhonda Skillern-Jones has so little on hand. That may be an indicator that she could choose to step down rather than run for a third term. I’m just speculating here, but given the constant state of turmoil on the Board and the current threat of TEA takeover, it’s not ridiculous to postulate this. I do know that Wanda Adams had put her name in for consideration for the nomination for Justice of the Peace in Precinct 7, Place 1 (to fill the vacancy left after the March primary by the resignation of Hilary Green), though she did not get it. I want to stress again, this is just me thinking out loud, I have no direct evidence of what Skillern-Jones may be contemplating.

Having said all that, as far as we know at this point these four Trustees are running for re-election, and no potential opponents had filed finance reports for this deadline. You find Trustee finance reports on their individual Trustee pages (here’s the Board index page). Later in the cycle when there are formal opponents, there’s usually a separate page with the reports for the Trustees who are running and their opponents, as well as any candidates for open seats if such exist. As we’ve discussed many times before, who even knows if we’ll have Trustee elections this November. Until we know otherwise, I’ll report on their finance reports.

How much more danger is HISD in of being taken over?

Hard to say for sure, but they’re not in a good place right now.

The threat of state takeover has loomed over Houston ISD for months, largely due to chronically low-rated schools and mounting frustration with its much-criticized school board.

Now, another factor could give state leaders more reason to pull the trigger: a new investigation into potential violations of open meetings laws by five trustees last year.

It’s far too soon to tell whether state investigators will dig up any dirt on the five board members, but the fallout from the disclosure of the investigation is leading to speculation about what sanctions could befall the state’s largest school district.

The worst-case scenario for those who want HISD to remain under local control: investigators find extensive wrongdoing that provides cover for Gov. Greg Abbott’s administration to wrest jurisdiction over the board.

“I’m inclined to think this gives them the opportunity to really seize the public discourse,” said Jasmine Jenkins, executive director of Houstonians for Great Public School, a nonprofit that monitors HISD’s governance practices. “Part of the problem about the governor taking over is that it’s politically unpopular. It’s easier to do that if you remind the public how dysfunctional the board is.”

[…]

A special accreditation investigation allows Texas Education Agency staff members to obtain documents and interview witnesses to determine whether school officials violated laws or threatened a district’s welfare. If investigators find one-time or minor missteps by HISD trustees, TEA officials could mandate relatively light sanctions, such as additional training on open records laws.

However, more egregious or systemic wrongdoing could allow TEA to lower the district’s accreditation, opening the district to a wide array of escalating sanctions. Given that HISD already is monitored by a state-appointed conservator — one of the most severe interventions at the TEA’s disposal — some district onlookers fear a state takeover of the district’s board could be next.

Trustee Jolanda Jones, who has called for state and criminal investigations into her five fellow board members, said she believes the inquiry “very well could be the cause for us getting taken over.”

“It was one of the hardest decisions I’ve had to make, to ask for an investigation from an agency I don’t even respect,” said Jones, an ardent critic of the TEA and supporter of Lathan. “That bothers me, but I can’t stay silent and turn a blind eye.”

See here for the background. Let’s see what the investigation turns up first. The five trustees have maintained they did nothing wrong and have pledged to cooperate. If they’re right on both counts, then this ought to blow over and I don’t think HISD will be in any more real danger than before. If they’re wrong, to whatever extent, that’s when things get dicey. I tend to agree with Jasmine Jenkins here: The state would, all things considered and Greg Abbott’s mini-Trump tweets aside, rather not take over HISD. They are not equipped to run a big school district, and there’s no empirical reason to believe they will get any better results by stepping in. But the board is on thin ice, and they don’t have many friends in positions of power. If this investigation gives weight to the critics, that could be enough to overcome the resistance. I sure hope it doesn’t come to that.

HISD back under scrutiny

Let’s hope this turns out to be no big deal.

The Texas Education Agency is investigating possible open meetings violations by some Houston ISD trustees last year when they engaged in private discussions that led to the abrupt ouster of the Interim Superintendent Grenita Lathan.

TEA officials notified the district Tuesday that an investigation would begin following “multiple complaints” made to the agency over the vote to replace Lathan with former district superintendent Abelardo Saavedra, according to a letter sent to Lathan and HISD board President Diana Dávila. The Houston Chronicle reviewed a portion of the letter outlining the allegations.

“Houston ISD Board of Trustees may have violated The Open Meetings Act by deliberating district business prior to a regularly scheduled board meeting regarding the potential removal of the current interim superintendent and the installation of a new interim superintendent,” the notice read.

TEA officials confirmed they opened a special accreditation investigation into HISD, though they declined to specify the nature of the inquiry.

A special accreditation investigation gives TEA officials wide discretion to review potential wrongdoing and issue a range of sanctions. If investigators find repeated or extensive misconduct, the most severe punishment could be a state takeover of the district’s locally elected board. However, state leaders could issue nominal punishment aimed at preventing future missteps by trustees.

[…]

The investigation stems from an October 2018 vote by five trustees — Dávila, Holly Maria Flynn Vilaseca, Elizabeth Santos, Sergio Lira and Anne Sung — to replace Lathan.

The vote came with no advance warning to the public, and the board’s four other members have said they were unaware that colleagues planned to seek Lathan’s ouster.

Saavedra backed out of the job three days after the vote, citing “dysfunction” at the school board level. Trustees then voted to reinstate Lathan.

Saavedra told the Chronicle in October that he spoke independently with the five trustees who voted for his appointment prior to the vote. Some of the five trustees have said they communicated one-on-one, but they did not meet as a group.

Under Texas open meetings law, deliberations between school board members about “public business or public policy” subject to a vote must take place at public meetings. State investigators likely will seek any evidence of communications between trustees that could constitute a so-called “walking quorum,” which refers to a deliberative effort by elected officials to communicate as a group in private.

See here, here, and here for more on the Saavedra saga, which didn’t make much sense then and makes even less now. All I can say is that I hope the TEA finds no evidence of the five Trustees forming a non-sanctioned quorum, which would be dumb at the least and a violation of trust at the worst. The TEA already has the power to take over HISD if they feel the need. I sure hope we haven’t given them another reason to consider it.

HISD’s last stand

They have their work cut out for them.

Houston ISD’s four Hispanic trustees took hold of the school board’s top officer positions Thursday, led by Trustee Diana Dávila winning election as president of the much-maligned governance team.

Dávila, who has spent a decade on the board spread over two separate terms, will take responsibility for setting the leadership tone in HISD following months of governance strife that has often cut across ethnic and racial lines. Elected officers do not have more voting power than other trustees, but the board president presides over board meetings and drives the agenda.

Dávila said her priorities will include ensuring the district’s longest-struggling schools get resources needed to meet state academic standards, fighting for more education funding and restructuring board meetings to foster greater engagement and transparency.

“I’m looking to be bringing back some of those things we used to do before, making sure that we respect each other as colleagues on the board and respect the administration,” said Dávila, who served as board president in 2006.

The best thing the Board can do at this time is minimize dissension within their ranks, speak with one voice as much as possible, and find a permanent Superintendent. Accomplishing those first two should make the third go more smoothly.

This joint op-ed by Rhonda Skillern-Jones and Elizabeth Santos is a good example of what I’m talking about.

This board was divided on some high-profile issues last year. The two of us have been on opposite sides on some of those fights. But we are united in a vision for a school district where neighborhood schools are cornerstones of their communities, equity is a guiding principle of resource allocation and all students receive educations that are tailored to their individual learning needs.

To achieve that vision, all levels of government involved in making education policy must take a long-term approach that addresses the costs of educating students living in poverty, English language learners and students with special needs. Unfortunately, state funding formulas — which have not changed in 30 years — woefully underestimate these costs.

[…]

Despite all of this, HISD has fared well under the flawed STAAR regime. The district earned an 84 percent rating with 91 percent of schools meeting standard. We reduced the number of schools that could trigger automatic state sanctions from 52 to 4, and we have maintained a recognized financial rating of 90 percent and a high bond rating.

It is baffling that HISD taxpayers are required to foot the entire bill for their district and also forfeit $100 million in “recaptured” dollars — and growing — to supplement the state’s obligation to other districts, while at the same time facing the risk of being stripped of their right to elect their own governing board. That hardly seems democratic or just.

Apparently “no taxation without representation” is just something we teach in our history classes.

I agree with pretty much everything they say in this piece. I hope over the next eight months – and, ideally, a lot longer than that – we can focus on those things, and not on whatever is going on with the Board.

The 2019 elections

We haven’t forgotten that there are some big elections on tap for us this year, have we? Let’s go a quick rundown.

May elections

Election campaigns are already in progress in the cities that have May elections, which includes big cities like San Antonio and Dallas, and smaller cities in our area like Pasadena, Sugar Land, and Pearland. Pasadena will be a hot zone again, with first-term Mayor Jeff Wagner up for re-election and local Democrats hoping to win the District A seat they came so close to in 2017, which would give them a 5-3 advantage on City Council. I don’t have much to say about these races yet, but I will note that my friend Nabila Mansoor is running for City Council in Sugar Land, so I wish her all the best with that.

Houston – Overview

This is the first city election since 2015, thanks to the change in the term limits law. It’s also the first city election since the election of Donald Trump, and the two high-turnout, Democratic-sweep elections in Harris County. How will that affect the course of this election? Normally, even if we have a hotly contested Mayor’s race, we’d be looking at 200 to 250K turnout max – less if the Mayor’s race was not contested – but with all the newly activated people from the past two years, will things change? The betting money always says No until events prove otherwise. The one other thing that may affect turnout this year is the Metro referendum, which itself will be conducted for the first time with no John Culberson in office. So many factors in play, so all I will say for now is don’t believe any firm, confident pronouncements. There’s a lot of room for variance and for doubt at this time.

Mayor

It’s Sylvester Turner versus Bill King, Round 2, with the extra zest (maybe) of Tony Buzbee. And maybe others, too – will anyone be surprised if Ben Hall manages to get a story published about how he’s “thinking about” taking another shot at it? The last Mayor to fail to be re-elected was Kathy Whitmire in 1991. Past performance does not guarantee future outcomes, but I figure there’s a reason for that. It’s Turner’s election to lose, and King doesn’t have his signature talking point from 2015 now that pension reform has been achieved, by Turner. He’s clearly going to attack Turner, but as to what he might campaign on beyond that, I have no idea.

City Controller

Honestly, I’ll be surprised if Chris Brown draws anything more than token opposition. Controller isn’t that sexy a job, and Brown hasn’t done anything to draw the bad kind of attention to himself.

City Council

Districts A, B, C, J, and At Large #5 are term limited. I’ve already received two invitations to like Facebook pages for District C candidates (Nick Hellyar and Bob Nowak), and I’m aware of at least two more such candidates (Shelley Kennedy and Abbie Kamin). Durrel Douglas listed some potential District B candidates a few weeks ago, and there are rumblings in the other slots as well. Raj Salhotra has announced a challenge to Mike Knox in At Large #1, while Laurie Robinson appears to be gearing up for another run in At Large #5. I’ll be reviewing the finance reports for January when they start to come out, which may yield a few more names. For now, let’s just say I expect a lot of activity, and not just in the open seats. Four years is a long time to go between city elections, and lots of people are in a mind to run for something.

UPDATE: Forgot to mention that Sallie Alcorn, who had been Steve Costello’s chief of staff, has announced her candidacy for AL5.

HISD

Assuming we have HISD Trustee elections this November – we should know that for sure by August – the following Trustees are up in 2019: Rhonda Skillern-Jones, Sergio Lira, Jolanda Jones, and Diana Davila. Far as I know, all are planning to run for re-election. Lira was elected to fill out Manuel Rodriguez’s unfinished term in 2017, Skillern-Jones was forced into a runoff in 2015 and has had a rocky tenure as Board President, Davila upset Juliet Stipeche (now Mayor Turner’s education czar) in 2015, and Jolanda is Jolanda. I’m not currently aware of any opponents on the horizon, but I’m sure most if not all of them will draw someone. Assuming, again, we have HISD Trustee elections this November.

HCC

It will have been six long years, but we will finally have the chance to rid ourselves of the stain that is Dave Wilson, in HCC Trustee District 2, this November. Also up for election are Zeph Capo and Neeta Sane.

Metro

All of Harris County will have the Metro referendum, which is as yet unfinished, on their ballot in November. Again, I don’t have much to say about this yet, but this is one of my top interests for 2019. It will certainly be a component of the Mayor’s race as well. I figure if Metro could pass the 2003 referendum they have to be a favorite to pass this one, but you never know with these things.

That’s all I have for now. Next up will be the finance reports when they become available. If you know of any candidate announcements or other related news, leave a comment and tell us all.

Give your input on the HISD Superintendent search

Public meeting notice.

The Houston Independent School District Board of Education is conducting a nationwide search for a permanent superintendent, and trustees are seeking input from the community about the qualities and traits they would like to see in their next district leader.

HISD Board of Education trustees have scheduled several meetings to gather feedback from the community that will be used to develop a superintendent candidate profile. The dates and times for the meetings are listed below.

In March, Dr. Grenita Lathan was named by trustees as HISD’s interim superintendent. Lathan will continue to serve in that capacity during the duration of the search.

The Board of Education has exercised a warranty provision with executive search firm Hazard, Young, Attea & Associates to conduct a superintendent search at no cost to the district.

The Illinois-based firm will help trustees host a series of community meetings, including a districtwide meeting on Saturday, Jan. 19, to gather input from various district stakeholders, including parents and students, school-based staff, district employees, and business and community members. The board will then use that feedback to finalize its superintendent profile and begin searching for candidates.

Input on the search for HISD’s permanent superintendent can also be provided via an online survey on the district’s website, www.HoustonISD.org.

Click over to see the meeting schedule. There’s one in each district, plus at HISD headquarters on West 18th Street just outside the Loop. These run from the 14th through the 24th, so make your plan to attend.

The TEA could have already taken over HISD

I had not known this.

For more than a year, Houston ISD leaders have fretted over the possibility of a state takeover mandated under a recently passed law, known as HB 1842. The statute directs the Texas Education Agency to close schools or replace a district’s locally-elected board of trustees if any campus receives five straight “improvement required” ratings for poor academic achievement. Houston narrowly avoided that punishment in 2018, when six long-struggling schools met state standard. Four campuses still could still trigger sanctions this year.

However, a lesser-known law quietly has loomed over the district. Texas law states that the education commissioner may replace the school board in a district under scrutiny from a state-appointed conservator for two consecutive years — a threshold Houston crossed in September 2017. Houston’s conservator, former Aldine ISD administrator Doris Delaney, was appointed in September 2016 to monitor Kashmere High School, which has failed to meet state academic standards for nine consecutive years. Her responsibilities expanded to monitoring the district’s school board and other long-struggling schools in mid-2017.

To date, [TEA Commissioner Mike] Morath has chosen to not replace Houston’s school board, exercising discretion granted to him under the conservator law. Instead, the TEA has taken several steps to work with Houston administrators and board members: keeping Delaney in place, requiring on-the-ground assistance from outside educators, overseeing campus turnaround plans and offering governance training, among other supports. Lira said trustees have not been threatened with immediate replacement by TEA officials, and that the agency’s staff has been “willing to work with us as long as we have a plan in place.”

In a statement, TEA spokeswoman Ciara Wieland said Abbott and Morath are working in concert to help Houston.

“Any action taken by Commissioner Morath or TEA to ensure Houston ISD has been given ample time, resources and support to achieve the best outcomes for students has also come with the full support of the governor and is in alignment with their shared vision of improving education outcomes in the district,” Wieland said.

Here’s the Chron story about Delaney’s appointment in 2016. This story from July of last year mentions that she had been appointed in January to keep an eye on district governance and the then-10 turnaround schools. I’m a little surprised no one has made anything of this before now, but here we are.

It should be clear why the state has been reluctant to step in, despite Greg Abbott’s nasty tweet. If the TEA takes over, then the TEA owns all of the problems that HISD is trying to solve. That’s a much tougher task than their current advisory role. I strongly suspect that Mike Morath and the TEA really really want the four schools to meet standard this year, in part because they want the schools and the kids to succeed, and in part because they really really don’t want to be saddled with the job of running a massive, diverse, sprawling school district. That’s not their job, and there’s nothing in the track record of past takeovers by state agencies, here and elsewhere, to suggest they’ll do any better at it than HISD has done. There’s a reason why Abbott hasn’t had much to say about this since his Trumpian Twitter moment.

By far the best possible outcome is for these schools to meet standard this year. The question that matters is what can everyone do to help make that happen.

Greg Abbott to HISD: Drop dead

I have four things to say about this.

A post sent from Texas Gov. Greg Abbott’s Twitter account Thursday lambasted Houston ISD’s leadership as “a disaster” that has failed children in the state’s largest school district — a rare public condemnation of the district from the state’s top executive.

“What a joke. HISD leadership is a disaster,” read a tweet posted from Abbott’s official account. “Their self-centered ineptitude has failed the children they are supposed to educate. If ever there was a school board that needs to be taken over and reformed, it’s HISD. Their students & parents deserve change.”

The comments come as HISD faces potentially major sanctions, including a state takeover of its locally elected school board, tied to chronically low academic results at four schools. They also come as HISD’s board of trustees has been bombarded with criticism in recent months for its acrimonious public displays and its widely-panned effort to covertly oust Interim Superintendent Grenita Lathan.

[…]

The post linked to a commentary authored by three community members and printed in the Houston Chronicle that criticized Houston Mayor Sylvester Turner’s efforts to partner with HISD to operate several long-struggling schools. The authors of the commentary also argued for taking legal action against the Texas Education Agency to prevent a state takeover of HISD’s board of trustees.

[…]

Abbott’s education commissioner, Mike Morath, must replace HISD’s school board or close underperforming schools if any one of four long-struggling campuses fail to meet state academic standards in 2019. Earlier comments by Morath and his deputy commissioner of governance, AJ Crabill, suggest Morath is more likely to install a replacement school board instead of shuttering any under-performing schools.

1. Just a reminder, the HISD Board is composed entirely of Democrats right now. Throwing them out of office is all dessert and no vegetables as far as Abbott is concerned.

2. Along those lines, remember that Abbott was just re-elected by over a million votes. He’s got the highest approval rating of any statewide elected official. He doesn’t face voters again until 2022. He could not possibly care less what a bunch of Pantsuit Nation or Indivisible members think, about this or about himself. There is no amount of activism or noise-making that will affect his opinions or his actions.

3. Again, this is why I have been extremely queasy about the all-or-nothing strategy that HISD has adopted, at the urging of some activists. I continue to believe that a TEA takeover is the worst possible outcome, and a partnership – if not with the city of Houston, then with HCC, which was never explored and now cannot be explored – for the purposes of forestalling such a takeover is a reasonable way to mitigate this risk. I understand that people have strong objections to this. I’m not here to relitigate that question, as the matter is settled. I’m just stating what my risk-averse nature is telling me. But look, none of this matters now. We’re not going to win a staredown with Abbott over this. He holds all the cards.

4. As for the litigation idea, someone is going to need to explain to me 1) on what grounds we would sue at this time, prior to a takeover, and 2) why a lawsuit filed in advance of a TEA takeover would be allowed to proceed. A lawsuit filed afterwards I understand, as then an alleged injury that the courts could correct has occurred. But before that, I feel confident that a motion to dismiss on the grounds that the issue is not ripe and no one yet has standing would be accepted. As always, I Am Not A Lawyer, so if someone knows better than me on this, please say so. The Trib has more.

Orlando Sanchez’s bizarre press conference

What a weird thing.

Orlando Sanchez

It was an absolutely wild afternoon for Harris County Treasurer Orlando Sanchez. He planned to have a news conference across the street from the HISD administration building, but things didn’t go as planned.

Protestors showed up and completely disrupted Sanchez’s news conference. When he tried to get it started, the group would chant things like, ‘Go away, TEA’ and ‘You got voted out.’

Things really got heated when he was answering one of our questions. Someone from the group ran up and dumped water on him.

Someone from Sanchez’s team confronted the man. He ended up on the ground and police were called. Both sides claimed they were assaulted.

The news conference was supposed to be for Sanchez to call for the state to take over HISD.

“Taxpayers are fed up and it’s time for the governor and the Texas Education Agency to step up and make sure that children in HISD, which 83 percent of them are minority, get an education,” said Sanchez.

“To have somebody like that step on my toes like that when I have sacrificed so much for these kids, yeah, it’s emotional,” said HISD Board President Rhonda Skillern. “It is because it’s personal. These kids mean a lot to me; not just my five but all 215,000.”

Click over to see pictures and video. Far as I can tell, the only coverage of this fiasco has come from the TV stations; I’ve not seen anything in the Chron as yet.

Let me say up front that whoever poured water on Sanchez is an idiot, and what he did sure sounds like assault to me. It’s also terrible strategy from a public relations perspective. Sanchez’s purpose for calling the press conference was ridiculous on its face, and would have been easy to dismiss on its merits. Anyone who felt the need to attack Sanchez physically is someone who has no faith in their own political position.

Why do I say that Sanchez’s purpose is ridiculous? The law is clear that the authority of the TEA to step in only occurs after the schools fail to meet state standards. We won’t have that data for several months, a fact that everyone knows. It is entirely possible that the four schools in question, which were all granted one-year waivers due to the effects of Hurricane Harvey, could meet standards this year, as the other schools that had originally been under scrutiny and which did not get Harvey waivers did. One could easily argue that by making this needless and premature call for a TEA takeover, Sanchez is expressing a complete lack of faith in the students at the four schools. That’s an insult to them and their parents and teachers. Maybe he had some qualifiers and weasel words in his prepared text, but still, the message is clear: Orlando Sanchez expects you to fail, and so he wants the consequences of your failure to begin now.

One also can’t help but notice that Orlando Sanchez, who just got voted out of a cushy elected position where he was basically invisible for twelve years and has never before expressed any opinions about education or ideas about how to improve it, is jumping up and waving his arms in front of Greg Abbott at a time when he really needs something to do. It’s a clear grab for attention at a time when the news cycle is quiet and he can still call it in his capacity as an elected official. There’s also the rumors that Sanchez is prepping to run for Mayor (again). No such thing as bad publicity, am I right?

Finally, there will surely be litigation over the process of replacing an elected board with an appointed one – for sure, there’s a Voting Rights Act complaint to be made. There were lawsuits over the closure of North Forest ISD and La Marque ISD, and while the state prevailed in each of them, the situation with HISD, which is a much bigger district with many successful schools and is financially solvent, is vastly different. The state may well prevail in any litigation that will occur, but it will take time. There’s also the very real possibility that the Lege could modify the law in question that delays or makes less likely a TEA takeover. The point here is that in every way, this was way premature, and served to do nothing more than call attention to Orlando Sanchez. On that score at least, mission accomplished.

It really is all or nothing for HISD

I hope we’re ready for this.

Barring a change to the sanctions law, litigation or a change of heart by the board of trustees — none of which are expected — HISD will learn in August whether the district will face state penalties for the four schools’ 2018-19 academic performance. HISD leaders could have staved off sanctions for two years by agreeing to temporarily surrender control of campuses in danger of triggering sanctions.

As HISD leaders pledged to march onward with current efforts to improve academic success at long-struggling campuses, some Houston-area civic leaders envisioned a future in which a state-appointed governing board took control of Texas’ largest school district. Under a state law authored by Dutton in 2015, the Texas Education Agency must close failing schools or replace the school board in any district with a single campus receiving five straight “improvement required” ratings. The four HISD campuses in danger of triggering sanctions this school year are Highland Heights Elementary School, Henry Middle School, and Kashmere and Wheatley high schools.

Some local officials, including Mayor Sylvester Turner, have expressed dismay at the idea of the state’s Republican-leaning government taking control of HISD, where all nine elected school board members are Democrats. School board members also have argued HISD does not need state takeover, pointing to successful efforts to reduce the number of “improvement required” schools and navigate significant budget cuts.

“While we have had bad board relations, we have managed to handle the two largest pieces of governance in a way that have not been detrimental to the district, but instead have had a positive impact,” HISD Board President Rhonda Skillern-Jones said. “We’ve invested a lot of money in turning these schools around, a lot of resources, a lot of time. To allow those people to do the jobs they’re entrusted with is the best course of action.”

[State Rep. Harold] Dutton, however, said he is convinced HISD trustees — who have drawn intense criticism for failing to improve performance at low-rated schools and engaging in public displays of acrimony — no longer deserve the responsibility of governing Texas’ largest school district.

“I don’t have any evidence that (the state) would do better, but I do know that if we keep doing what we’ve been doing, we’ll keep getting the same results,” Dutton said. “And for me, it’s unacceptable to do that.”

One of the Houston area’s longer-serving elected Republicans, Harris County Treasurer and two-time mayoral candidate Orlando Sanchez, also called Friday for state intervention in HISD. Sanchez implored state legislators and the Texas Education Agency to take responsibility for HISD, urging them to replace the district’s school board and devote more resources to low-performing campuses.

“I just can’t watch this slow-motion train wreck continue, so I’m going to speak out as a Republican and encourage my friends in Austin to give some serious attention to this matter,” Sanchez said. “We can’t wait, and that’s all we’ve done over the past several years.”

See here for the background. I feel confident saying two things. One is that if these four schools do not meet the state standards, there will be basically no one in Austin advocating on behalf of the HISD Board of Trustees. The odds that anyone in a position to influence the outcome will be persuaded by the argument HISD doesn’t need to be taken over is basically zero. To be clear, I do think Trustee Skillern-Jones’ position has merit. HISD did get significant improvement from a lot of schools, under adverse conditions. The risk that blowing up their governance structure will do more harm than good is significant. I just don’t expect the TEA or anyone that can make the TEA change its mind will buy it. And two, for all the complaints about the people that were on the board of the proposed city partnership, the people who the TEA are likely to name to take on the HISD Board’s responsibilities are almost certainly going to be seen as even worse. The difference is that the TEA will not be susceptible to the same community and activist pressure that the HISD Board was. And nobody is going to like that.

HISD rejects partnership idea

The die is cast.

Houston ISD trustees narrowly voted Thursday to not seek proposals from outside organizations to run long-struggling schools, a decision that keeps those campuses under local control but sets the stage for a possible state takeover of the district’s school board.

Barring an unexpected legislative or legal change, four HISD schools now must meet state academic standards in 2019 after missing the mark for four-plus consecutive years to stave off major state sanctions against the district. If any of those four schools fail to meet standard, the Texas Education Agency is legally required to replace HISD’s entire school board and appoint new members, or close still-failing schools.

HISD could have preempted any punishment for two years if the district temporarily surrendered control of the four schools to outside groups. TEA leaders have previously said they do not see closing schools as a strong option for improving student outcomes, though they have not committed to either option.

In a 5-4 vote following about an hour of debate, interrupted several times by community members who vocally opposed seeking partnerships, trustees opted against directing Interim Superintendent Grenita Lathan to issue a request for proposals to take control of an undetermined number of campuses. The four campuses that have repeatedly failed to meet state standard — Highland Heights Elementary School, Henry Middle School, and Kashmere and Wheatley high schools — would have been considered for partnerships.

[…]

Trustees Wanda Adams, Diana Dávila, Jolanda Jones, Elizabeth Santos and Rhonda Skillern-Jones opposed seeking proposals. Trustees Sue Deigaard, Sergio Lira, Holly Maria Flynn Vilaseca and Anne Sung supported the option.

Well, now Mayor Turner can quit pursuing the partnership plan he had proposed. At this point, either the four schools meet standards or we will say goodbye to the Board of Trustees for some number of years. I don’t foresee a bill getting passed to change the law that mandates the consequences, though that is a possibility that is worth pursuing because there’s nothing to lose and much to gain. While I expect there will be litigation over a state takeover – if nothing else, a Voting Rights Act lawsuit over the disenfranchisement of HISD voters seems likely – that kind of action can take years and is highly unpredictable. So it’s basically up to the students and parents and teachers and administrators at those four schools now. I wish them all the very best. The Press has more.

(On a side note, Diana Davila’s 2015 victory over Juliet Stipeche sure turned out to be consequential. I haven’t asked either of her opponents from 2017 how they might have voted, but Elizabeth Santos’ election in 2017 also looms large now. I sure hope we get to have HISD Trustee elections again next year.)

Mayor moves forward with city-led school partnership

We’ll see about this.

Mayor Sylvester Turner

A nonprofit formed by city of Houston leaders may seek temporary control of up to 15 Houston ISD campuses in neighborhoods with historically low-performing schools, Mayor Sylvester Turner said Tuesday.

The nonprofit, created by Turner’s education czar and led by Turner-appointed board members, marks the city’s effort to improve academic performance at chronically low-rated schools while helping HISD stave off state sanctions tied to academic failures at some of those campuses. The director of Turner’s Office of Education Initiatives, Juliet Stipeche, unveiled several details about the nonprofit for the first time last week in an interview with the Houston Chronicle.

In a press release Tuesday, Turner added two new pieces of information to the nonprofit’s plans: The organization is eyeing control of as many as 15 schools, and six people likely will be added to the nonprofit’s current three-person governing board. The campuses likely would be clustered in a few geographic areas, where elementary and middle schools funnel students to the same high school. Turner did not name specific schools under consideration.

[…]

HISD administrators and trustees have shown little appetite for relinquishing control of district schools, though that could change as a February 2019 deadline for submitting partnership plans to the state approaches. Trustees are expected to consider and possibly vote Thursday on authorizing Interim Superintendent Grenita Lathan to issue a request-for-proposal seeking potential partners, according to the posted board agenda. Lathan has said she does not believe members of the public want outside organizations running campuses, and trustees have offered relatively little public support for the idea to date.

As HISD officials have spent the past few months making few moves on the private partnership front, Stipeche and other civic advocates have worked to form a nonprofit capable of operating HISD campuses. They have worked at the behest of Turner, who has advocated for avoiding a state takeover of HISD’s school board. It is widely believed that Texas Education Agency leaders, who would decide which sanction to impose if one of the four campuses fails to meet standard, would prefer to replace HISD’s school board rather over close schools.

The group ultimately formed a nonprofit in late November called the Coalition for Educational Excellence and Equity in Houston. City officials have not released a proposal or framework for their plans to operate HISD campuses, though Stipeche said she envisions “working through a collective-impact approach to lock arms with the community, to reimagine what we can do to support our schools.” The nonprofit’s leaders have not held public meetings, though engagement with the effected communities would take place if discussions with HISD turn more serious, Stipeche said.

See here for the previous update, and here for the Mayor’s press release. I really hope HISD will indicate ASAP what their preferred direction is for this, because if the city is wasting its time it would be best to know that quickly. If not – if there is a chance this could become a viable partnership in the event something like it is needed – then the Mayor and the powers that be at CEEE need to get moving with that community engagement, because there’s already a loud group of people steadfastly opposed to the idea. I may be overestimating their presence – I mostly see this activity on the same Facebook group pages that were busy organizing and canvassing for the 2018 election – but it’s also possible that the Mayor is underestimating it. Better I be wrong than he is.