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Mike Morath

An analysis of that Paxton opinion about schools and county health authorities

Short version: That’s just, like, his opinion, man.

Best mugshot ever

The law should mean what it says. Rule §97.6(h) of the Texas Administrative Code says: “The health authority is empowered to close any public or private child-care facility, school or other place of public or private assembly when in his or her opinion such closing is necessary to protect the public health; and such school or other place of public or private assembly shall not reopen until permitted by the health authority who caused its closure.” This law was invoked by the Harris County Health Authority this month , directing that K-12 schools in the county start operations entirely online until at least Sept. 7.

On Tuesday, Texas Attorney General Ken Paxton wrote an opinion that effectively invalidated Harris County’s control order and others. The Texas Education Agency accepted the opinion, and said it will defund schools that follow the orders. On Friday, Gov. Greg Abbott added his backing.

While the attorney general’s opinions are non-binding, they are entitled to some respect. So too, though, is the plain language of the law. I believe Paxton has it wrong and that his opinion is likely to kill people.

[…]

The law appears to be clear. The provision of the administrative code cited above gives the power to local health authorities. Despite this, Paxton concludes the law doesn’t mean what it says. He argues if read literally, the law would undercut limitations on the power of local health authorities he believes exist elsewhere in Texas law .

I wouldn’t give that argument a high grade. The “limitations” he cites would cripple local health authority’s power to effectively manage dangerous diseases that cannot survive on surfaces. More importantly, Paxton really can’t explain why Texas couldn’t give local health authorities, who have the authority to take steps such as quarantining an entire county, the (supposedly) limited powers that exist elsewhere and, just as the law says, the explicit power to close schools.

The factual assumptions underlying Paxton’s reading of Texas law are flawed. He writes before closing schools as a form of “area quarantine” (which isn’t the part of the statute the Harris County order relied on), the local health authority must demonstrate “reasonable cause to believe the school, or persons within the school, are actually contaminated by or infected with a communicable disease.”

That condition will exist the instant schools reopen.

See here, here, and here for the background. This too is one person’s opinion, in this case a law professor named Seth Chandler. What any of it actually means is uncertain until either someone sues or the counties and school districts all concede. Given his track record and the political stakes here, it’s quite rational to believe that Paxton is not the most trustworthy authority on this, but until a court gets involved he’s what we have. I hope the various county attorneys, as well as the counsel for the affected school districts, are reviewing this carefully and considering all their options.

Abbott finally speaks about schools

Of course, he mostly says weasel words.

Gov. Greg Abbott clarified Friday that Texas schools will be required to provide in-person instruction this fall, but that some districts may be eligible for extended waivers on a “case-by-case basis.”

In a letter signed jointly with fellow Republican state leaders, the governor said local health authorities do not have the power to shut down schools solely to prevent the spread of COVID-19.

The guidance, which does not appear to be legally binding, is the first detailed instruction from Abbott in the reopening plans. Earlier this week, Attorney General Ken Paxton and Education Commissioner Mike Morath said districts would not be able to close campuses for prevention purposes alone, and in fact could lose state funding should they try.

Currently, districts are allowed to delay in-person instruction for up to eight weeks.

“If any school district believes they need an extension beyond eight weeks due to COVID-19 related issues, the (Texas Education Agency) will review that request on a case-by-case basis,” the statement says.

The remarks do not give details about the requirements school districts must meet in order to suspend in-school learning. Even if districts reopen campuses, children in public schools across the state can remain at home, continue online-only classes and still receive course credit.

See here and here for the background. Basically, we don’t know anything today that we didn’t already know. Counties and school districts maybe have some flexibility to make their own decisions, but there are no objective criteria by which those decisions can be judged. Paxton’s opinion still doesn’t have the force of law, because Abbott still hasn’t updated his executive order, but it will take either a lawsuit or open defiance of the opinion to test that proposition. In the meantime, we have this deluded fantasy that in person classroom learning will be like it has been before while the pandemic is still raging. Meanwhile, other school employees fear for their health and safety, with no assurances that anyone is looking out for them. And oh yeah, it’s a lead-pipe cinch that people will die as a result of this. Good luck sorting it all out, fellow parents.

One more thing:

An Abbott spokesman did not respond to questions about whether the governor plans to follow-up with an executive order.

That should be carved into his goddam tombstone some day. What a feckless coward. The Trib has more.

The school situation remains a big ol’ mess

You can blame Greg Abbott for all this confusion.

After weeks of confusion and conflicting signals, Texas has settled into policies that effectively compel schools to reopen their classrooms this fall no later than eight weeks after the academic year begins, whether they want to or not.

Teachers, parents, school administrators and public health officials have been seeking clarity for weeks on how the state will approach reopening schools safely as coronavirus infections and deaths rise across Texas.

Gov. Greg Abbott has not responded directly to questions from reporters about who has the authority to order schools closed in areas hard-hit by the virus, and the Texas Education Agency has sent mixed messages on reopening guidelines.

But despite the lack of any formal announcement from the governor, the die was cast in in a rapid two-step process Tuesday. First, Texas Attorney General Ken Paxton released nonbinding legal guidance saying local public health officials do not have the power to preemptively require all schools in their jurisdictions to remain closed, even as COVID-19 cases continue to climb in many Texas hotspots.

Then, state education officials reversed an earlier decision by announcing they will not fund school districts that keep classrooms closed for longer than the state allows even if ordered to do so by a local health mandate. Taken together, the actions put school districts in the position of reopening classrooms on the state’s timetable or losing funds and risking potential litigation.

Educators and families must now once again rethink their back-to-school plans this fall. The education agency has given school districts up to eight weeks to limit the number of students permitted on their campuses, after which they must open classrooms to all students who want to attend.

That ninth week is looming large for superintendents who are not sure what the public health landscape will look like at that point. Now, they can’t depend on their local health officials to give them more time, without losing money.

“Starting in the ninth week of our respective school years, regardless of the status of the virus in our communities, as the guidance is written today, we would be faced with two options,” said Northside Superintendent Brian Woods in an interview with the San Antonio Express News editorial board Wednesday. “One would be to ignore a local health order, and in doing so likely put our students and staff and families at risk, or lose funding, which is essential to teaching and serving our families.”

At a school board meeting Tuesday night, Woods indicated he and other superintendents would consider filing a lawsuit seeking to keep their classrooms closed longer if necessary. Paxton’s decision to step into the fray weeks before the school year begins has prompted more questions than answers, including whether a deluge of lawsuits is expected to hit Texas courts demanding health mandates be revoked or enforced.

Emphasis mine, and see here for the background. The Chron’s Jacob Carpenter tries to make sense of this hash.

What is the impact of Paxton’s letter?

Paxton’s letter is not legally binding. The only way the local health authority orders can be negated is through an executive order issued by the governor or a judge’s ruling in a lawsuit.

As of now, Abbott has not issued an executive order declaring that local health authorities cannot mandate school closures, and nobody has filed a lawsuit challenging the local closure orders.

As a result, at this time the school closure mandates issued by local health authorities are legally valid and enforceable.

What did Morath do Tuesday?

Hours after Paxton published his letter, Morath issued new guidance saying public school districts risk losing state funding if they keep campuses shuttered solely as a result of a local health authority closure order.

Districts still can require students with at-home technology access to remain in online-only classes for up to the first eight weeks of the school year. School boards also can push back their school start dates.

If local school closure orders are legally valid, why did Morath say districts risk losing state funding if they follow closure orders?

Morath cited Paxton’s letter in issuing the new guidance on school funding.

“As a state agency, we will follow the Attorney General’s guidance,” Morath said in a statement. “Consequently, a blanket order closing schools does not constitute a legally issued closure order for purposes of funding solely remote instruction for an indefinite period of time.

However, another section of TEA guidance says the agency will continue to provide funding to districts that are forced to close campuses by an entity “authorized to issue such an order under state law” — and as of now, local health authorities have issued legal orders.

Essentially, the TEA has provided two potentially conflicting pieces of guidance.

Who can clear up this conflict?

The simplest answer: Abbott.

At any time, Abbott could issue an executive order that negates all local health orders, or he could announce he will allow the orders to stand.

Abbott has made no move in either direction.

Asked multiple times by the Houston Chronicle earlier this month whether he planned to allow local health officials to order school closures, the governor’s office never directly answered the question. Abbott’s staff also did not respond to a request for comment Tuesday following the release of Paxton’s letter.

Yes, our Governor continues to be basically useless. At this point, the best advice seems to be just wait and see what happens. Maybe Abbott revises his executive order. Maybe all the school districts and county health authorities cave. Maybe someone (or multiple someones) files a lawsuit – unfortunately, one of those someones is gonna be Jared Woodfill, so prepare yourself for the stupid – and a judge makes a ruling that forces the issue one way or another. It’s still the case that schools don’t have to open till September 8, which is what HISD is doing, and the first six weeks after that can be online-only. It’s after that it gets dicey. So sit tight and wait to see how it gets sorted out.

Paxton overrides county health orders on schools

So much concern for the children here.

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Local health officials do not have the authority to shut down all schools in their vicinity while COVID-19 cases rise, Texas Attorney General Ken Paxton said in nonbinding guidance Tuesday that contradicts what the Texas Education Agency has told school officials.

Shortly after Paxton’s announcement, the Texas Education Agency updated its guidance to say it will not fund school districts that keep classrooms closed because of a local health mandate, citing the attorney general’s letter. Districts can receive state funding if they obtain TEA’s permission to stay closed, as allowed for up to eight weeks with some restrictions.

The change represents an about-face for the agency, which previously said it would fund districts that remained closed under a mandate. It will impact schools in at least 16 local authorities, many in the most populous counties, that have issued school closure mandates in the past month.

Dallas County Judge Clay Jenkins, whose county is among those with a mandate to close schools, said local officials will continue to make decisions to keep students safe “regardless of what opinion General Paxton comes up with.”

“The only way that it would really screw things up is if Abbott tried to take away the control from the local groups,” Jenkins said.

The guidance is non-binding, but local health authorities could face lawsuits especially now that Paxton has weighed in. Paxton’s office declined to comment on whether it would sue local health officials that don’t retract mandates, saying it could not comment on hypothetical or potential litigation.

[…]

The governor’s executive order allowing all school districts to operate overrules local mandates to close, Paxton said. Local health officials have some authority to order schools closed if people in it are infected by COVID-19, but not as a preventive measure.

See here and here for the background. I don’t know what happens next – maybe the counties fold and rescind their orders, maybe someone files a lawsuit to force the issue, maybe we wait and see what happens when schools are supposed to start in a non-pandemic world – but it is clear that one person could end the confusion. The head of the TEA is hand-picked by Greg Abbott, after all, and one presumes Mike Morath would not have let the TEA issue that directive if Abbott was not aware of it. Plus, as noted in the story, Abbott’s own executive order is part of the reason the counties don’t have this authority, at least according to Ken Paxton. So we just need Greg Abbott to come forward and clarify things and

Gov. Greg Abbott’s office did not respond to a request to clarify this earlier this month.

Yeah. You know, whoever runs against Abbott in 2022, they need to make a video montage of all of the “Abbott did not respond to a request for comment” lines in every damn story about coronavirus. If there’s a single defining trait of his reign of error, that’s it. Reform Austin has more.

UPDATE: This says a lot:

Truly, we have a weak and feckless Governor.

Harris County issues school closure order

This was expected.

Judge Lina Hidalgo

Harris County and Houston health authorities on Friday ordered all public and non-religious private schools to delay opening for in-person instruction until at least Sept. 8 — a date likely to be extended unless the region sees a significant reduction in its COVID-19 outbreak.

Flanked by their respective health authorities, Harris County Judge Lina Hidalgo and Houston Mayor Sylvester Turner said the region’s novel coronavirus outlook appears too dire to allow the restart of face-to-face classes before Labor Day. Most Houston-area public school districts already had pushed back their in-person start dates to Sept. 8, though a few remained on track to hold on-campus classes in August.

“The last thing I want to do is shut down a brick-and-mortar representation of the American dream,” Hidalgo said Friday. “But right now, we’re guided by human life.”

With the decision, officials in all five of the state’s largest counties — Harris, Dallas, Tarrant, Bexar and Travis — have ordered the closure of public schools through at least Labor Day.

None of the Greater Houston region’s other large counties — Fort Bend, Montgomery, Brazoria and Galveston — have issued closure orders. However, Montgomery County public health officials recommended this week that their school districts delay their start dates or remain online-only through Labor Day.

The Harris County order comes four days after Hidalgo and Public Health Executive Director Umair Shah issued a non-binding recommendation that campuses stay closed until October at the earliest. While county and city officials held off Friday on mandating closures through September, Hidalgo said reopening buildings immediately after Labor Day “is still likely too soon.”

County and city officials said they will need to see a significant decrease in multiple measures, including case counts, rate of positive tests, hospitalizations and deaths, before they OK the reopening of campuses. Local health officials, however, have not set specific COVID-19 outbreak benchmarks that must be met.

“If we want our schools to reopen quicker in person, it’s going to take all of us pulling together to do that,” Shah said.

See here for the background. This was done in part so that HISD would be in compliance with the TEA’s current guidelines. We all want our kids to get back to school in a safe manner as quickly as possible. That means not flattening but crushing the curve, getting coronavirus infections way down to much more manageable levels. We have the month of August to make that happen. Are we going to take this seriously – face masking, social distancing, self-quarantining as needed – or not? The choice is ours.

TEA updates its school-opening guidance

They heard the outcry.

Facing growing backlash from teachers, parents and health officials, Texas education officials Friday relaxed a previous order that would have given public schools just three weeks from the start of the fall semester to reopen their classrooms for in-person instruction.

School districts will be allowed to delay on-campus instruction for at least four weeks, and ask for waivers to continue remote instruction for up to four additional weeks in areas hard hit by the coronavirus pandemic. During those second four weeks, districts must educate at least a small number of students on campus, and tell the state what public health conditions would allow them to bring more students into classrooms.

Local school boards in areas with a lot of community spread can also delay the start of the school year.

“Our objective is to get as many kids as possible on campus as long as it is safe,” said Texas Education Commissioner Mike Morath on a call with school superintendents Friday afternoon.”But we know on-campus instruction is really the best instructional setting for the vast majority of our students in Texas. Please don’t feel compelled to use this transition period unless your local conditions deem it necessary.”

The revised guidance offers school districts more options on reopening their schools. Last week, the Texas Education Agency had released more stringent guidelines requiring all school districts to offer on-campus instruction daily for all students who want it, except for a transition period of three weeks at the start of the school year.

Educator associations still say Texas isn’t going far enough to protect educators and parents. The Association of Texas Professional Educators released a statement calling the revision “insufficient” and lacking in “science-based metrics,” since it still requires schools to offer in-person instruction to students who need and want it daily.

Specifically, the guidance says districts that limit in-person instruction must provide devices and WiFi hotspots to students who need them. Students who do not have reliable access to technology must be allowed to learn in school every day. And during the second four weeks of state-allowed remote learning, districts must educate at least some students on campus, though they can restrict that number as they see fit.

“We demand that Gov. Abbott issue a statewide order that all school buildings remain closed and all instruction be provided remotely until the pandemic has clearly begun to subside and it is safe to reopen school buildings under strict safety standards,” Texas State Teachers Association President Ovidia Molina said in a statement Friday.

[…]

School districts may also, with permission from the state, choose high schools where students will receive part of their instruction on campus and part remotely at home for the entire school year. Students must learn on-campus for at least 40% of the days in each grading period, usually six or nine weeks long.

That option would be best for districts “if your health conditions are such where you really need to reduce the number of people on campus at any one time,” Morath said Friday. Some districts have already proposed bringing different groups of students into classrooms on alternating days or even weeks, and otherwise educating them remotely.

See here and here. The state is going to allocate more money for school districts to buy equipment for remote learning, which is a huge barrier for a lot of kids. Some counties like Dallas have issued local health advisories that would require schools to remain closed, which the TEA guidance is allowing for at this time. The AG’s office has released an opinion saying that local governments can’t force private religious schools to close. So there’s still a lot of moving parts.

The Chron covers the local angle.

In anticipation of a change in guidance, Houston ISD announced Wednesday that it plans to remain online-only for its first grading period, which lasts six weeks. District officials also said they plan to delay the start of school by two weeks, moving the first day of classes to Sept. 8.

HISD officials hope to reopen campuses Oct. 19, but Interim Superintendent Grenita Lathan said public health circumstances will dictate whether that happens.

Officials in Aldine and Alief ISDs said they would start in all-virtual classes for the first three weeks, while Fort Bend ISD leaders said they will stay online-only indefinitely, with exceptions for a small percentage of students.

Several other school districts have released plans for reopening campuses that, for now, do not include online-only plans in August. However, superintendents in Conroe, Humble and Spring Branch ISDs, among others, said they are monitoring public health conditions and could decide in the coming days to keep campuses closed.

Spring Branch Superintendent Jennifer Blaine, whose district released a reopening plan Wednesday, said she plans to make a closure decision no later than the end of the month. Blaine said she first wants to see results of a survey sent to parents this week asking whether they want in-person classes or online-only instruction for their children.

“We don’t want to string this out,” Blaine said. “People are anxious and nervous. People want to know what the plans are going to be for August.”

The about-face on hybrid models in high schools, however, likely will cause some districts to re-evaluate their plans.

We’ll see what happens with HISD. One criticism that has been levied by teachers’ organizations about the TEA plan at this time – and to be fair, I think the TEA plan is still a work in progress, they have already changed it in response to public feedback – is that there isn’t yet a set of objective, scientific metrics that will govern how and when schools will reopen. I agree that this is a major oversight, but I will also point out that having metrics isn’t enough. We had a set of objective, scientific metrics that most people thought were pretty decent that were supposed to guide how and when the state reopened, and look what happened there. It’s necessary to have these metrics, but it is very much not sufficient. You have to actually follow them, and to be willing to slow down, stop, or even reverse course if the metrics aren’t being met. And given the nature of this pandemic, and the by now completely well-known lag between the case rate, the hospitalization rate, and the death rate, you have to be willing to do those things before we get into a crisis situation. You have to be willing to do them at the first sign of trouble, not at the point where things have already gotten bad ans now you need to try to catch up. If we haven’t learned that lesson by now, then we really are a bunch of idiots who will let many people suffer and die for no good reason.

Anyway. If you want a broader perspective from teachers about the upcoming school year and what we can and should be doing, give a listen to this week’s Mom and Dad Are Fighting podcast, which is usually about parenting but this week talked to four teachers from different parts of the country. As one of them puts it, if we move ahead with opening schools before we have this virus under control, some number of kids, and some number of teachers – and I would add, some number of parents – are going to die as a result. Do we really want to do that?

Schools get an in person opening reprieve

It started with this.

Texas will give school districts more flexibility to keep their school buildings closed to in-person instruction this fall as coronavirus cases continue to rise, Gov. Greg Abbott told a Houston television station Tuesday.

Public health guidance released last week indicated that school districts had to stay virtual for up to three weeks after their start dates, so they could get their safety protocols ironed out before bringing more students to campus. If they stayed closed longer than that, they would lose state funding.

Abbott on Tuesday said that time would be extended. His comment comes on the heels of a tumultuous week, after state education officials released guidance last Tuesday requiring districts to offer in-person instruction for five days a week to all parents who want it.

“I think Mike Morath, the commissioner of education, is expected to announce a longer period of time for online learning at the beginning of the school year, up to the flexibility at the local level,” Abbott said to KTRK. “This is going to have to be a local-level decision, but there will be great latitude and flexibility provided at the local level.”

The news, which Abbott said would be finalized in the next few days, will likely come as a relief to superintendents and educators asking the state for more flexibility on when and how they reopen school buildings. Some local health officials, including in El Paso and Laredo, had already demanded that schools in their areas start the year with virtual learning until cases go down.

And some larger, urban school districts, including San Antonio Independent School District, are planning to push their start dates later and keep all students online for three weeks, in order to avoid reopening school buildings as COVID-19 cases and hospitalizations surge.

See here for the background. Bowing to reality, we got this yesterday.

Local public health officials will be able to keep Texas schools closed for in-person instruction this fall without risking state education funding, a Texas Education Agency spokesperson confirmed to The Texas Tribune Wednesday.

Last week, the state’s education agency released an order requiring schools to open their buildings to in-person instruction five days a week for all students who want it. The order gives districts a transition period of just three weeks at the start of the year to hold classes virtually and get their safety plans in place before allowing students back on campuses. After the three-week transition, districts that stay entirely virtual would risk losing funding.

But TEA officials confirmed Wednesday they would continue to fund school districts if local health officials order them to stay closed, as long as they offer remote instruction for all students.

[…]

A TEA spokesperson told the Tribune that school superintendents and school boards cannot make the decision to stay entirely virtual for longer than three weeks without a mandate from public health officials.

Some school districts, including San Antonio Independent School District, are moving their start dates to later in August and then starting their school years entirely virtually for three weeks.

And later in the day, HISD followed suit.

Houston ISD plans to delay the start of its school year until Sept. 8, and remain in online-only classes for at least the first six weeks of school, keeping students and teachers home during that time, district officials said Wednesday.

Interim Superintendent Grenita Lathan, speaking to a group of parent-teacher organization leaders, said decisions about returning to in-person instruction “will be based on what the health threat level is” in the area. While district leaders hope to reopen facilities on Oct. 19, that decision could depend on orders issued by local health authorities or Gov. Greg Abbott.

“Right now, it is just not possible for us to do (reopen campuses), and I’m sorry that’s the situation,” Lathan said. “We moved too fast in the city and state as it relates to reopening.”

For now, the district’s 200,000-plus students will receive a mix of live instruction delivered via video conferencing and online coursework they can complete on their own time. Daily attendance will be tracked, with students considered present if they participate in live instruction, use the district’s online learning platform or submit completed assignments.

The district’s school board still must vote on delaying the start of the school year. HISD’s current 2020-21 calendar calls for resuming classes on Aug. 24. No school board meetings are scheduled for this month.

Six weeks is longer than three weeks, but as the story notes the forthcoming updated guidelines from the TEA are expected to allow for that. I can’t find it now, but there was a graphic some folks were sharing on Twitter that showed how we had closed all the schools when the COVID-19 case rate was way lower than it is now. I know we need to get the kids back into school for a whole range of reasons, and I certainly want my own kids to go back, but it doesn’t make any sense to do that until it’s safe. At this point, we’re doing what we had already done in March, kicking the can down the road and hoping things will be better in the future. That was briefly true at the time, but then, well, you know. Still better than sending kids into schools that aren’t ready to have them there in a safe fashion. We’ll see where it goes from here.

HISD being investigated over special education

Flagging this for later discussion.

Texas Education Agency officials are deep into a wide-ranging investigation of Houston ISD’s special education department, examining whether district staff violated numerous federal laws and state rules that help ensure students with disabilities get vital support while in school, the Houston Chronicle has learned.

Records reviewed by the Chronicle show state investigators have spent the past 8 1/2 months reviewing whether the state’s largest school district failed to follow about 20 special education regulations, such as properly identifying students with disabilities, delivering legally entitled services, re-evaluating students’ needs and involving parents in key decisions.

The inquiry, known as a special accreditation investigation, is the same type of review launched by the TEA in early 2019 following allegations that some trustees had violated the Texas Open Meetings Act, interfered with district contracts and failed to follow their governance role.

TEA officials substantiated those allegations and Education Commissioner Mike Morath moved in late 2019 to replace HISD’s governing board. However, the district’s elected trustees remain in power pending the outcome of a lawsuit they filed to stop their ouster.

While state officials typically handle several individual special education complaints brought by HISD families each year, the current investigation dives into HISD’s district-wide performance and could produce far more serious consequences.

If state investigators find evidence of systemic special education issues in HISD, Morath could appoint an official to oversee changes in the district or try again to replace the school board. TEA officials declined to comment on the ongoing investigation.

In a statement, HISD’s administration said it is “fully cooperating” with the investigation, directing additional questions to the TEA. HISD Board President Sue Deigaard said she is “looking forward to seeing the results.”

“If there’s a problem, and it’s taken a third-party to identify the problem, then we can fix it,” Deigaard said.

The investigation marks the latest development in HISD’s troubled history with providing special education services to children in the 210,000-student district.

The inquiry also renews the spotlight on TEA’s handling of special education, which remains under intense local and federal scrutiny after the Chronicle revealed in 2016 that the agency’s arbitrary cap on the number of children receiving services led to the denial of support to tens of thousands of students with disabilities across Texas.

You should read the rest for the particulars, but that’s a pretty good summary. It is certainly the case that the TEA has dirty hands when it comes to overseeing special education in Texas, but that doesn’t mean that HISD doesn’t have its own particular problems that require a deep-dive investigation and a detailed report of the issues and how to repair them. I would hope that if the TEA is to embark on such an investigation that they would be up front about the places where they have been complicit, or at least negligent, in enabling HISD’s shortfalls. If it’s more about assigning blame and pointing fingers, it won’t be worth the effort and won’t do anything to help the kids and families that have been harmed. The goal here needs to be making the system serve the people it needs to serve. With that, let’s see what happens. You can see my previous blogging about that earlier special ed report and related matters here.

Schools are going to reopen, like it or not

It’s gonna be crazy.

Texas public school districts must reopen campuses for in-person instruction in August to continue receiving state funding, unless the governor issues a school closure order or a confirmed case of COVID-19 on an individual campus forces a brief shutdown of the building, Education Commissioner Mike Morath announced Tuesday.

The mandate ensures that families wanting in-person classes will have the option for children to return to campuses during the novel coronavirus pandemic, though students may continue learning from home if they choose. Districts can restrict the number of students who receive on-campus instruction for the first three weeks of their school year, a period designed to “facilitate an effective back-to-school transition process,” TEA officials said.

“On-campus instruction in Texas public schools is where it’s at,” Morath said during a conference call with superintendents. “We know that a lot of families are going to be nervous, and if they are nervous, we’re going to support them 100 percent.”

The mandate came as Morath released public safety guidance for the 2020-21 school year, requiring staff and students older than 10 to wear face coverings in compliance with Gov. Greg Abbott’s mandatory mask order, and encouraging the use of social distancing in buildings, among numerous other protocols.

TEA leaders are leaving many health and hygiene decisions to superintendents, a long-expected decision given the varying spread of the novel coronavirus in different corners of the state.

[…]

Decisions over reopening schools have pitted public health concerns against the benefits of in-person classes.

Some school employees and parents fear the resumption of in-person instruction will cause the virus to spread more rapidly, particularly if classes restart in areas already experiencing an outbreak. While children display symptoms of COVID-19 at low rates, public health officials are not yet certain about how often they are infected and spread the virus to adults.

The state’s four largest teacher unions and organizations each leveled criticism of the state guidance Tuesday, arguing Texas education leaders are moving too quickly to reopen campuses and failing to require enough safety protocols. Zeph Capo, president of the Texas American Federation of Teachers, said allowing up to 100 percent of a school’s students to return to campuses will put kids and teachers at risk.

“There is no way under those circumstances you could guarantee social distancing or even have a chance at it,” Capo said. “To act like kids can’t get (COVID-19) is a farce, and the adults in those schools are probably even more at risk than the kids.”

I’ll get to that in a minute, but first, some more concerns from the teachers.

Teachers, who may be more susceptible than students to COVID-19, were concerned upon hearing last month that state leaders considered it safe to return to school. Earlier Tuesday, the Texas State Teachers Association put out a statement asking Abbott to “slow down and put safety first” before reopening campuses this fall.

After the final guidelines were announced, the teachers association said they don’t go far enough. “Children younger than 10 will still be exempted from wearing masks in schools. Teachers of those children should be able to decide whether they want their students to wear masks,” said Clay Robison, spokesperson for TSTA. “Teachers who fear they will compromise their health by returning to campus should have the choice of teaching remotely, and it doesn’t look like TEA guidelines will require that.”

And the Association of Texas Professional Educators released a statement criticizing the TEA for not providing “more explicit guidance” or including educators and parents in the decision-making process.

The guidance released Tuesday requires school employees to “meet the work expectations set by their employers” but does not include many specifics for at-risk teachers who may not feel safe going into schools.

Let’s be clear that nobody involved in this decision really knows what’s going to happen. As with everything else so far, it’s a lot of hope and not much else.

A draft version of this TEA guidance that wasn’t supposed to be made public was revealed last week. I drafted a post about it, then never got around to publishing it. But waste not, want not, so click on to read what I wrote then, which largely still applies. I hope this goes well. I fear it won’t. I worry for everyone involved.

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HISD will not change its calendar

Not for this year, anyway.

Houston ISD’s calendar for 2020-21 will remain largely unchanged, district officials said Thursday, bringing an end to nearly two weeks of debate over whether to extend the school year as a way to increase flexibility and instructional time amid the novel coronavirus pandemic.

HISD’s school year will begin on Aug. 24, as originally planned, and end in late May 2021.

District officials earlier this month floated the possibility of resuming classes in mid-August and ending the year in mid-June, with 10 added instructional days and longer mid-year breaks built into the calendar.

In a letter to parents, Interim Superintendent Grenita Lathan said the later start date gives the district “an opportunity to monitor the pattern of COVID-19 cases and make necessary adjustments.”

“We also want to be responsive to feedback received regarding week-long (mid-year) breaks during the school year being a difficult option for many parents,” Lathan wrote.

Instead of adding 10 instructional days for all students, HISD will host 10 “academic boot camp” days for children “who may have fallen behind academically due to COVID-19,” Lathan said. Those classes will be hosted Aug. 18, 19 and 20, and during unspecified days over the Thanksgiving, winter and spring breaks.

HISD officials have not specified who would be eligible to attend the boot camp days.

See here for the background, and here for the official announcement. I like the calendar fine as it is, but I can understand the reasons for the proposed alternative. There wasn’t a whole lot of time to really discuss the pros and cons of such a change if we wanted to do it for this year, but if HISD still thinks it’s a good idea and there’s enough support in the community for it, then let’s start that longer discussion now so there would be an opportunity to try it in the future with a broad consensus behind it. Like I said, I’m fine with letting it go, but if it really makes sense then let’s work our way through it.

Back to school, kids

Yeah, I don’t know about this.

Texas students will be returning to public schools in person this fall, Gov. Greg Abbott told state lawmakers Thursday morning.

The state’s top education officials confirmed the plans in a statement to The Texas Tribune.

“It will be safe for Texas public school students, teachers, and staff to return to school campuses for in-person instruction this fall. But there will also be flexibility for families with health concerns so that their children can be educated remotely, if the parent so chooses,” said Texas Education Commissioner Mike Morath.

When students return, school districts will not be required to mandate students wear masks or test them for COVID-19 symptoms, said Frank Ward, a spokesperson for the Texas Education Agency.

The TEA is expected to release additional guidance for school districts next Tuesday. Abbott has long said his intention is for students to return in-person this fall, saying this week that there will “definitely be higher safety standards in place than when they opened last year.”

[…]

According to state lawmakers on the 11 a.m. call, school districts will be able to also offer instructional alternatives for students. The decision comes as COVID-19 cases and hospitalizations continue to rise statewide, and local officials begin to put firmer restrictions in place to tamp down the spread in their cities and counties.

National surveys have shown many parents do not feel safe sending their students back to the classrooms, with one poll showing two-thirds in support of keeping schools closed until the pandemic’s health risk has passed.

School districts’ surveys of parents are showing that many students will stay home, even when the classrooms are open. That could pose a financial risk to districts, which receive state funding based on student attendance. Already, many districts are planning for hybrid programs, with some students learning virtually and some learning in person, allowing them to keep class sizes small.

Before we go on any further, just a little reminder:

Thursday marked the seventh consecutive day that Texas reported a record number of hospitalized coronavirus patients, with 2,947 people currently in hospitals being treated for COVID-19, according to data released Thursday by the Texas Department of State Health Services.

The latest seven-day average for the number of people hospitalized is 2,468. Since the beginning of June, hospitalizations have increased almost every day. There’s almost twice as many people hospitalized because of the coronavirus than there was on Memorial Day.

You can click over and see the chart, but you probably already have the picture. Even as recently as last week, we were still talking about the different options school districts may choose to employ for the fall. So much for that, I guess. I mean, remote learning has been a challenge in many ways. Many students were not equipped for it, and many just simply never showed up for online classes once schools closed. Schools play a vital role in childcare for many families, and of course many children are fed at schools. I want kids to return to schools – hell, I very much want to get my own kids out of the house again, and I know they really miss their friends and teachers. But how can anyone feel confident about this, when the numbers are trending so strongly in the wrong direction, and our Governor speaks in riddles as a means of avoiding his responsibilities? We should have been able to send our kids back to school this fall with the assurance that all reasonable steps have been taken to minimize risk and drive infection levels down. We have neither of those things. What’s a responsible parent supposed to do? Right now, I have no idea.

School districts set to get financial relief for coronavirus

Good.

Texas will distribute the vast majority of a $1.29 billion federal stimulus package to school districts this summer, using it to deliver on a promise that schools will remain fully funded this school year despite statewide closures due to the coronavirus pandemic, Texas Education Commissioner Mike Morath told school officials on a call Thursday.

State officials told school districts in March there would be no financial penalties for attendance declines, as COVID-19 fears spread and school districts were required to close their buildings. Now, Texas has decided to use its share of the federal stimulus package to fund that promise, distributing 90% directly to districts based on their student poverty rates, aiming to forestall layoffs and budget cuts.

Texas school districts can see how much they can expect to receive on the Texas Education Agency’s website. Houston Independent School District, the state’s most populous, will receive the highest award of $81.7 million.

On top of that stimulus package, Gov. Greg Abbott and state lawmakers agreed to reimburse all school districts for up to 75% of their pandemic-related expenses to date, using money from a federal grant awarded to Gov. Greg Abbott’s office. School districts have spent a state total of about $392 million on COVID-19 expenses.

School districts in Texas are funded based on student attendance, meaning the statewide school closures could have been a major financial hit. “With school closed to in-person attendance for nearly a third of the school year, generating the remainder of that entitlement would be impossible without us stepping in and making some changes,” Morath said Thursday.

States are allowed to use the federal stimulus funding to offset budget holes. “Federal guidance explicitly authorizes it as a way for states to sustain their school finance system, as long as net state funding remains above prior years,” Morath said.

From the description in the story, I don’t have any specific concerns. It sounds like the districts are going to have their COVID expenses mostly covered, which is what should happen in times like these. Now we just need the same thing for cities and states.

We still don’t know what the upcoming school year will look like

Lots of possibilities, no clear answer yet.

Houston ISD officials are planning for the possibility that some — if not all — students will continue to take virtual classes at home to start the upcoming school year, Interim Superintendent Grenita Lathan said Friday.

Leaders of the state’s largest school district are preparing multiple contingency plans for August, many of which involve a continuation of online learning, amid uncertainty about their ability to safely re-open campuses as the novel coronavirus pandemic lingers.

District administrators remain weeks away from finalizing key decisions about the upcoming school year, but Lathan said during a wide-ranging press conference that she hopes to announce within the next month whether some form of in-person classes can resume by August.

Under one potential plan floated Friday by Lathan, some or all of the district’s 209,000 students would spend part of the school week on campus and the remainder of the week in online classes — a method aimed at increasing social distancing in crowded buildings. Numerous education leaders across the state and country have suggested similar structure in recent weeks.

“We’re also looking at some students being virtually online the entire first semester or, possibly, the entire school year,” Lathan said.

Superintendents across Texas are grappling with how to structure their school calendars and daily schedules to best accommodate students while balancing public health concerns. Although children suffer medical complications from COVID-19 at far lower rates than adults, public health officials remain concerned about their ability to spread the virus to school staff and family members at home.

[…]

Beyond this summer, superintendents and school boards are evaluating major changes for the 2020-21 school year given the ongoing threat of COVID-19 and the need to support students falling behind during the current shutdown.

In HISD, administrators are starting to discuss with staff and families whether to start the school year earlier and build in longer breaks that could be used as make-up days if in-person classes are canceled due to COVID-19. Texas Education Agency officials are pushing the benefits of this model across the state, though decisions about academic calendars rest with local school boards.

HISD officials also are evaluating whether to extend the school day by 30 minutes, giving teachers and staff more time to help students recover from the disruptions. Lathan said such a move would come with additional pay for employees and could involve structural changes to campus operations.

“We have to look at the emotional toll it’s taken on our teachers to prepare and keep students engaged,” Lathan said.

See here, here, and here for some background. There are just too many variables to say with any confidence what may happen, so just try to keep up with the possibilities so you can make plans. We’ll be fine no matter what – both of us can work from home as needed – but a lot of people will have it much harder. None of this is easy. The best we can hope for is a treatment regimen for COVID-19, and eventually a vaccine. If we’re really lucky, we’ll have a better President next year and can maybe finally get a halfway decent federal response to this mess. In the meantime, this is where we are.

Maybe all schools will start earlier this year

What do you think about this?

Texas Education Agency officials on Thursday pitched the benefits of starting the 2020-21 school year in early August, ending it later than normal and building in longer breaks that could serve as make-up days if campuses are closed due to the novel coronavirus pandemic.

In a presentation posted online, TEA officials said the upcoming school year is “likely to be disrupted” by building closures and high levels of student absenteeism, issues that could be alleviated by districts moving closer to a year-around academic calendar.

One sample calendar offered in the presentation shows classes starting in early August and ending in late June, with longer-than-normal breaks around the Thanksgiving, winter and spring break holidays.

TEA officials did not mandate or formally recommend districts change their academic calendar, noting that local school boards ultimately have the authority to set schedules. However, agency leaders said the option, called an “intersessional calendar,” provides more flexibility to address students’ academic needs.

“Given the ongoing disruptions caused by COVID-19, TEA has spoken with numerous educators about the need to adapt our school systems to this new environment,” a TEA official said in an email to the Houston Chronicle.

“One potential option is to adjust the school calendar, to improve our school systems’ collective ability to respond to continued COVID-19 disruptions and address any learning gaps that have emerged over the latter portion of this school year. The presentation lays out options informed by those discussions.”

[…]

TEA officials also promoted the possibility of offering instruction to the neediest students during longer breaks if make-up days are not needed. However, state law only provides additional funding — at half the typical rate — for students enrolled in grades prekindergarten through 5 if districts go beyond certain minutes and days of instruction.

Some of the changes also could require restructuring employee contracts for 2020-21 — many of which are not yet signed — and schedules for extracurricular events. In their presentation, TEA officials said calendar overhauls would require “substantial change management” and “immediate action.”

For now, at least, I’m taking this in the same spirit as all those “how MLB could play its season” proposals, which is to say mostly as a thought experiment so that they have some options at hand if they can go forward at all. I mean, if “reopening” leads to another, much higher, peak of COVID-19 outbreaks and deaths, we could be back in lockdown at this time. Nobody really knows what’s going to happen, and planning for uncertainty is by definition a dicey affair.

But let’s say for these purposes that this is feasible, that we will be able to open schools in August. In that case, I can think of a few objections to this idea. One is that families who plan travel in the summer will complain, since we’d be going from a ten-week break to maybe a five or six-week break, which will greatly hinder travel plans. Two is that this will make all kinds of summer activities for kids – camps, jobs, internships, what have you – basically impossible, for the same reason. Three, having more breaks during the academic year as well as having fewer opportunities to occupy kids during the summer will be an extra burden on working parents. Four, this will all naturally affect teachers and other school staff, and they will have their own objections. Some of these will carry more weight than others due to collective bargaining agreements.

So, to put it mildly, there are issues that would need to be worked out. Putting all of that aside, I don’t think this is a terrible idea, nor do I think it should be off the table even with these concerns about it. The chances that the school year will be disrupted by coronavirus, whether on a single-campus level or systemwide, are extremely high, and there needs to be a plan to handle that. Maybe this plan isn’t it, but maybe parts of it could be used in a modified version of it. Point being, we need to have something in place for when – not if – something happens, and we need to be making those plans now.

No one knows when schools will open

I mean, if Mike Morath doesn’t know, then no one knows.

Texas schools might start bringing students back to classrooms on staggered schedules in the fall. Or they might have some students show up at school while others continue their coursework online.

Or they might stay completely virtual until 2021.

While it’s much too early to pin down all the permutations of how and where COVID-19 might remain a health risk come August, Texas superintendents are starting to game out how public education will look in the fall.

Since Gov. Greg Abbott closed all schools in late March, school districts have cobbled together combinations of online learning and old-school written worksheets handed out to students without reliable internet. The evolving, makeshift system has raised concerns about students without computers being left out and overwhelmed parents struggling with their new roles as home school teachers.

Some superintendents worry that students will fall ever further behind the longer school buildings are closed. And they know they must improve remote teaching in case the return date ends up being even further off than projected.

[…]

Texas Education Commissioner Mike Morath has been holding biweekly phone calls with superintendents across the state to discuss plans, but no official decisions have been made.

“The bigger question is: How can you plan to be nimble so that if the situation changes quickly, you can adjust to the change either way, either toward bringing kids into buildings, or perhaps once you bring kids into building, having to put them back into distance learning environments?” said Brian Woods, superintendent of Northside Independent School District in San Antonio.

“If you ask me today, what’s the percentage chance we come back in August? I have no idea. Somewhere between 0 and 100%.”

About half the students in the 100,000-student school district are economically disadvantaged, and 12% are receiving special education services. Woods and his staff are considering bringing back those students least likely to be served virtually in the fall while keeping the other half in distance learning as a way to reduce exposure.

But that method of splitting students up is less possible for districts like small Hearne ISD, outside of College Station, where 96% of students are economically disadvantaged, meaning pretty much all are hurting while school buildings are closed.

Two points. One, it would be super if the state could pony up a few bucks to help the school districts that are struggling to outfit their students with the equipment necessary to properly do remote learning. (Maybe this kind of school finance inadequacy, combined with the much more urgent need for this kind of contingency, could be the basis of the next school finance lawsuit.) And two, if no one can feel confident about schools being able to reopen and stay open, then what does that say about all of the other things that Greg Abbott wants to open?

No school accountability ratings this year

No surprise.

Texas public school districts and campuses will not receive accountability ratings in 2020 due to the novel coronavirus pandemic, state education officials said late Thursday.

The announcement is a mere formality after Texas Gov. Greg Abbott last month canceled the state’s annual standardized tests, commonly known as STAAR, which largely serve as the basis for calculating accountability ratings issued in an A-through-F grade format. All Texas public schools will be labeled “not rated: declared state of disaster” for 2020.

“While we continuously work to ensure our ‘A-F’ accountability system paints an accurate picture of school performance, these unprecedented circumstances have forced all of us to change and adapt,” Texas Education Commissioner Mike Morath said in a statement.

[…]

State officials have not yet decided if or how state accountability ratings will be issued in 2021.

Under Texas’ current accountability system, many ratings are partially based on students’ year-over-year growth, as measured by performance on state standardized tests. With no tests administered in 2020, the Texas Education Agency cannot use its current method of evaluating academic growth.

Districts and high schools also are partially rated on measures of college, career and military readiness from the prior year’s graduating class. Many exams used to measure post-secondary readiness have been canceled or changed for the Class of 2020, which would significantly impact academic accountability ratings in 2021.

Terry Faucheux, an associate with the Austin-based education consulting firm Moak, Casey & Associates, said state officials likely would need to make several tweaks to the current accountability system before ratings could be issued in 2021. If state leaders move forward with an accountability framework next school year, she expects to see a proposed system no later than February or March 2021.

“It would be a very difficult lift to get that past the Legislature and federal government to scrap STAAR altogether and not do accountability for another year,” Faucheux said.

STAAR tests were waived three weeks ago, and at this point it seems likely that schools will not reopen till the fall, so this was just acceding to reality. The Lege will have the task of figuring out how to do accountability ratings in 2021, given that 2020 was basically a wash. Depending on how big a fight that turns into, it could have a ripple effect on other business the Lege needs to attend to, not least of which is redistricting. Expect the next session to be quite the whirlwind.

If you’re wondering what effect the cancellation of accountability ratings for 2020 might have on the ongoing takeover of HISD by the TEA, which is currently held up in court, the answer is basically none, though if Wheatley had made standard this year it might have increased the level of skepticism that a takeover was called for. Any districts that were in peril of the same fate will get a one-year reprieve, as HISD did to a limited extent following Harvey.

STAAR testing waived

This had to happen, given everything else.

In an unprecedented move, Gov. Greg Abbott announced Monday he would waive testing requirements for this year’s STAAR exam, as many schools expect to be closed at least through the April testing window, due to the new coronavirus.

He also said he would ask the federal government to waive this year’s federal standardized testing requirements, which apply to all states. According to the state, as of Sunday afternoon, 569 school districts had announced closures due to coronavirus concerns. Texas is not alone, since more than 30 states have closed schools due to coronavirus, affecting at least 30 million public school students nationwide.

The federal government has previously said it might give out targeted waivers from testing for areas where the COVID-19 disease has had significant impact.

The state will not mandate that districts offer the exam, but some superintendents may want the test data to see how their students are doing, according to the TEA. Agency officials are working to support those school districts, if necessary.

[…]

State leaders are giving schools more leeway than they have in the past, showing the increasing seriousness surrounding the COVID-19 disease.

When Hurricane Harvey decimated Houston-area and Coastal Bend communities in 2017, [TEA Commissioner Mike] Morath hesitated to give them a break on testing or accountability requirements, arguing that doing so would harm student learning. He argued that getting rid of state testing requirements would violate federal requirements and put federal funding at risk.

Eventually he agreed not to hold poor STAAR results against schools and districts, though he did not waive the requirement that they test students.

“Accountability results have been waived for Hurricane Katrina, Hurricane Ike, Hurricane Harvey. But never has testing itself been waived,” said Dee Carney, a longtime school accountability consultant in Texas. “It’s absolutely an unprecedented event requiring extraordinary measures of our schools and our teachers and our communities.”

It is not clear exactly what the implications are for students who need to take certain state tests in order to graduate from high school or move on to the next grade. Morath said he would send more specific guidance on student testing and school accountability this week, likely before Thursday.

So three things here. One, given the likely closure of schools through the rest of the academic year, this was basically inevitable. There’s too much disruption, and the test results would be essentially meaningless. Which was the same argument lots of people made following Harvey in 2017, but this time the message was received. Two, this is going to be a months-long, if not years-long, experiment in unprecedented actions and figuring things out as we go, because what else can we do? And three, we just may find out that some of the things we’d been doing all along we can do without, or do differently, and some things we’d never done before become new habits. That’s what happens with big disruptions. Maybe one result of all this is we’ll completely re-evaluate the need for high-stakes testing like we have now. Or maybe we’ll decide we need even more of it. I don’t know what will happen, but I’ll bet that five years from now when we look back on all this, we’ll be amazed at how different things became.

Schools could be closed for the rest of the academic year

Lots of school-related news on Monday.

Texas Education Commissioner Mike Morath told school superintendents and lawmakers Sunday to be prepared for long-term school district closures, potentially through the end of the school year, especially in areas where the new coronavirus has spread.

According to individuals who participated in two separate conference calls with the commissioner, Morath said he would still leave the decision up to local superintendents. This comes as hundreds of school districts announced they would suspend classes for at least a week, with concerns about COVID-19 spreading through their communities.

Morath suggested superintendents consider telling parents sooner rather than later that closures would stretch beyond a few weeks. The extended school closures would be a burden for low-income and working parents, who would more likely struggle to keep their children home for long periods of time.

The state has already said school districts with prolonged school closures due to coronavirus concerns may avoid financial penalties, as long as they can prove they are teaching students remotely. But not all school districts have the experience or resources needed to offer remote instruction, and many students lack access to consistent internet at home.

This is not unexpected. At this point, I’ll be surprised if it doesn’t happen, though obviously if that’s the case then there will be wildly disparate effects on the students, between those who will have access to online instruction, and those who will not. Maybe – stay with me here – that should be something the Legislature addresses going forward. You may now be thinking “How can they possibly do the STAAR test if no one is at school?” I say to you, keep reading.

Shepherd ISD update

They’re the other district being taken over by the TEA due to failing performance.

Four days after a court order temporarily stopped Texas from taking over Shepherd Independent School District, elected school board members voted to effectively cede their control over the four-school East Texas district. They also fired the lawyers who got the takeover halted without a directive from the full school board.

With Friday’s school board vote, Texas education officials are poised to appoint their own board of managers to oversee hiring, budgeting and operations in Shepherd ISD, a result of the long-standing academic failure at two of its schools. It would be Texas’ first state takeover as a result of a 2015 law requiring harsh penalties for districts that fail to improve long-struggling schools.

“I’m opposed in principle to this,” said Mike Courvelle, the loudest school board voice in disagreement with the decision. “Once the state comes in…we’re granting them total control.”

The Third Court of Appeals in Austin, which issued an order Monday that temporarily blocked the takeover, must still give the state permission before it can appoint a new board. Almost all the discussion Friday on the school board’s votes happened behind closed doors in executive session.

Courvelle did get one win Friday: He and his colleagues unanimously tapped internal candidate Dianne Holbrook to serve as the district’s new superintendent, refusing the option chosen by the state. They did so knowing the state would likely overturn that decision.

“We know her. She’s here. We trust her,” Courvelle said. “We expect it to be a short-lived decision anyway.”

Jeff Cottrill, the Texas Education Agency’s representative in Shepherd, agreed with the latter part of Courvelle’s statement. “We look forward to the Third Court of Appeals bringing resolution to this litigation so the state-appointed superintendent Dr. Jason Hewitt as well as the board of managers can begin serving and uniting this community around improving student outcomes,” he told The Texas Tribune after the vote.

See here for the background. The stopped-and-to-be-restarted takeover situation is somewhat of a comedy of errors, stemming from miscommunication between the Shepherd board and the attorneys representing them. That’s not very interesting to me, and I expect that by mid-week or so the initial court order will be lifted. Of greater interest to me is this:

Shepherd’s takeover is due to a 2015 state law intended to hold school districts more accountable for improving their schools, instead of allowing them to languish in a state of low academic performance for years. If one school fails for five or more years, Texas is required to either shut down the school or take over the entire school district.

The same year the law was passed, Shepherd ISD’s primary and intermediate schools, which serve about half the district’s students, received their first failing grades.

Those schools would fail for four more consecutive years: a cohort of students attending elementary schools where less than a quarter of them can read on grade level.

When Ronnie Seagroves took over as principal of Shepherd Intermediate School last year, it had already been considered a failing school for years, not just for its poor academics but also lack of student discipline. Principals came and went, without providing vision or direction for the school and its students, he said.

Seagroves is working hard to turn that around by encouraging collaboration among teachers, providing more individualized instruction for students, and greeting students each day at the school’s entrance. But that same cohort of students who spent each year in a low-performing elementary school is now attending the middle school, which has received failing grades for the last two years.

So how likely do you think the TEA will be to reverse this trend? I suppose the preliminary question to that is, what caused this problem in the first place? Was Shepherd a more-or-less OK school system that suddenly took a nosedive? Was it that when a different (maybe more precise, maybe more random) measuring system was put into place, problems that had been there all along were suddenly exposed? Is there some other potential cause that may not be so readily identifiable? I’m skeptical that the TEA can and will do any better, but if they can at least identify the problem here, then maybe that can help other districts in the future. Whatever happens, I hope it’s done in a transparent manner, so we can learn from it one way or the other.

The other TEA takeover

A preview of things to come, perhaps.

The Texas Education Agency announced a new appointed board and a new superintendent Friday for a tiny East Texas school district with two schools that had failed to perform well for years.

Although the state’s takeover of its largest school district, Houston Independent School District, is tied up in court, no such roadblocks existed preventing the takeover of Shepherd ISD, about 60 miles northeast. Shepherd ISD’s elementary and intermediate schools had failed to meet state academic standards for five years, which required the state to either close the schools or seize power from the school board, under Texas law.

“The Board of Managers is comprised of members of the Shepherd ISD community who are committed to service on behalf of the students of the district and the community,” Texas Education Commissioner Mike Morath said in a letter Friday.

He also appointed Jason Hewitt, the director of the Texas Education Agency’s Special Investigations Unit, as superintendent over the district, replacing Rick Hartley, who had headed Shepherd ISD for just over three years.

[…]

The new appointed board — which includes a former Shepherd ISD school board president as well as members of the community — will have power to make hiring and budgetary decisions for the school district; the elected board will still be in place but will no longer have control over Shepherd’s schools. Eventually, the state will transition power back to the elected school board, once the schools improve.

Charles Minton, Shepherd’s mayor, heard the news late Friday afternoon. He has one child in the high school and another in the middle school, which is a target of the state’s intervention.

The tiny East Texas town has been split in half by the news, with some angry at the loss of local control and others open to giving the state a chance to turn the schools around, Minton said.

Shepherd ISD had also sued to stop the takeover, but they were not successful. The new Board of Managers was to be officially seated at a meeting on Monday. Their task in this small, rural ISD is going to be a lot different than it is in HISD, but it’s still in its way a test of how it might work (or not) here. The past track record of state takeovers isn’t great, but maybe this time there will be more focus and more resources and the results will reflect that. Or maybe it will be another idea that doesn’t actually address the real causes of the poor performance and we’ll find ourselves back where we started, with more kids having gone through the system in the meantime. Not much to do but see how it turns out.

UPDATE: Hold that takeover!

State officials planned Monday night to swear in a board of managers, appointed by the Texas Education Agency, that would take control of hiring, budgeting and operations — a penalty for years of poor academic performance in two schools. The elected school board would lose all its power, until the state decided otherwise.

Board members and community members strolled into the district administration building Monday night planning to watch the transfer of power. Instead, they were notified that a court order had come down in Austin that afternoon temporarily stopping the state from taking any action.

The news was a surprise to nearly everyone in the building Monday night. State education officials waited for guidance from their lawyers. District employees waited for guidance from state officials. And two sets of school boards stood in the entryway to the board room wondering which would be allowed to gavel in: the one elected by residents or the one appointed by state officials.

[…]

Back in November, Jeff Cottrill, the TEA’s representative in Shepherd, had gripped the edges of a wooden podium and explained to an audience of more than 100 people that a state takeover was a necessary and prudent result of prolonged failing ratings in multiple schools. He answered hours of questions about what the loss of local control would mean for students and teachers in the small community.

Shepherd ISD sued the state over its plans, but after a Travis County state district court judge denied the district’s request to temporarily stop the state takeover, the school board decided not to appeal that decision. Still, lawyers for the state appealed the suit to the Third Court of Appeals to try and prevent it from moving forward in a lower court.

But Shepherd ISD lawyers, though many people didn’t know it, had decided to continue the case pro bono. And on Monday, they informed the appeals court of a “current emergency” since the state planned on installing a board of managers that night, an action that would be legally irreversible.

“The Court must act now,” wrote David Campbell, who is also representing Houston ISD as it fights a pending state takeover.

The court agreed and temporarily stopped the state from installing its chosen board.

No one is exactly sure what’s happening in Shepherd ISD right now. I’ll keep an eye on it.

Meet your Board of Managers wannabes

Lots of people want that gig.

[Frank] North is one of nearly 250 people who applied for positions on the prospective replacement board, which Texas Education Commissioner Mike Morath plans to install in the coming months. Morath announced in November 2019 his intention to temporarily oust the elected school board, citing Wheatley High School’s seventh consecutive failing grade and multiple findings of misconduct involving current trustees, though a preliminary injunction issued last week and ongoing litigation could threaten those plans.

The applicants, according to a list provided by the TEA, represent a broad cross-section of the district, home to about 210,000 students from wide-ranging economic, ethnic, racial and social backgrounds. They include Houston ISD employees, former political candidates, business professionals, higher education staffers and advocates with children attending district schools.

Several candidates are well-known in civic and education circles, but most come with little to no public profile. Higher-visibility applicants include former HISD trustee Cathy Mincberg, former Houston Police Department interim chief Martha Montalvo, League of United Latin American Citizens leader Hugo Mojica and former HISD police chief Robert Mock.

[…]

State leaders will spend the next several weeks winnowing the list down to nine potential board members, conducting at least three rounds of interviews. Agency officials have said they want an ethnically, racially, geographically and socioeconomically diverse board of Houston residents with multiple skill sets. State law grants Morath the final authority on board selections.

The list released by state officials only includes first and last names of those who applied. The candidates’ work histories, educational backgrounds and personally identifiable information were not disclosed. TEA officials did not respond to questions about what information will be released as the screening process continues.

TEA officials wanted to install the board as early as this spring, but last week’s preliminary injunction blocks Morath from installing a replacement board while a lawsuit filed by HISD trustees seeking to stop their ouster is ongoing. Lawyers for the TEA immediately appealed the injunction ruling. A trial is set for late June.

As noted, the timetable here depends on the outcome of the litigation. The article contains more information about and quotes from a number of the applicants, presumably ones the Chron could identify either from their names or public statements they’ve made. I can understand limiting the data available about them for now, but we deserve full transparency going forward.

TEA appeals takeover-delay injunction

This isn’t settled just yet.

Texas Education Agency officials said they filed an appeal Thursday to overturn an injunction by a Travis County judge blocking it from replacing Houston ISD’s trustees with a state-appointed board of managers.

The appeal was sent to the Austin-based Third Court of Appeals, and if a panel of judges sides with the agency, it could resume its work to strip Houston ISD’s board of power.

If the injunction is upheld, the TEA would not be able to move forward until a lawsuit by the Houston ISD board of trustees has been decided. Travis County District Judge Catherine Mauzy on Wednesday set a hearing date for June 22.

[…]

Shepherd ISD, a small school district just south of Lake Livingston also is targeted for a board takeover by the TEA. That district also sought a temporary injunction this year to stop the education agency takeover. On Thursday, Travis County District Judge Karin Crump denied that application for an injunction.

HB 1842 was not the TEA’s only potential option to replace Houston ISD’s board. It could sanction the district over the state investigation. State law also allows the TEA to take over the board if a district has had a TEA conservator for two or more years.

HISD attorneys argue that the TEA’s investigation was biased and that because the TEA conservator was assigned to one campus, and not the district as a whole, her presence would not trigger a takeover.

The injunction by Judge Mauzy also blocks the TEA from acting under either of those rules.

See here for the background. The conventional wisdom seems to be that while the Third Court of Appeals may uphold the injunction, the all-Republican Supreme Court may be more favorable to the TEA. Make of that what you will. Time could be a factor, depending on how long it takes each court to hear and rule on the appeals. Honestly, I hope this gets decided on the merits in a timely fashion. Whatever the outcome, having some extra clarity on the law would be a good thing.

HISD gets another injunction

In state court this time.

A state judge Wednesday evening immediately blocked Texas from taking over the Houston Independent School District until she issues a final ruling on the case, complicating the state’s plan to oust the district’s school board by March.

In doing so, Travis County District Judge Catherine Mauzy preliminarily sided with Houston ISD, the state’s largest school district, in a legal battle that will ultimately determine whether Texas can indefinitely seize power from its elected school board. At a hearing Tuesday morning, lawyers for Houston ISD argued that Texas Education Commissioner Mike Morath exceeded his authority in nearly every step in the process of deciding on a takeover.

[…]

Mauzy also denied Morath the ability to strike down the injunction on appeal. The trial is set for the morning of June 22, months after the state intended to seat a board of managers.

In the ruling, she said Houston ISD proved it needed the injunction because once Morath takes action to remove power from the elected board, the district would then have no recourse.

At Tuesday’s court hearing, Houston ISD’s lawyers challenged Morath’s reasons for the planned takeover, accusing him of inaccurately interpreting state law and skipping procedural steps to get the results he wanted.

“They don’t get to ignore the law and take over the district just because they think [the Texas Education Agency] could do a better job,” said lawyer David Campbell.

See here for the previous update, when a federal judge denied HISD’s request to halt the takeover but said they could file in state court. I’m still not betting on HISD prevailing, but they haven’t lost yet. Now the TEA needs to figure out how this affects their plans. Check back in June, this is going to be interesting. The Chron has more.

Morath’s big talk

But can he back it up?

In his first public comments about plans to strip power from Houston ISD’s elected trustees, Texas Education Commissioner Mike Morath said Tuesday that the district’s leaders have engaged in “chronic neglect” of children in long-struggling schools, requiring the appointment of a replacement governing board that will better direct resources to HISD’s neediest students.

In an hourlong interview with the Houston Chronicle’s editorial board, Morath said he wants the replacement governing board to close achievement gaps by improving the district’s pre-kindergarten offerings, placing more high-performing staff at low-rated campuses and re-establishing strong leadership practices during its temporary stay in power. He faulted the district’s elected trustees for failing to address achievement issues in HISD’s longest-struggling campuses, several of which have received multiple consecutive failing grades in the past decade.

“This is how you make real inroads on the achievement gap: you get very serious about resource allocation,” Morath said. “It’s about money and talent. This is, in fact, an underlying root cause as to why you have some of the highest-performing schools in the state and some chronically under-performing schools, all in the same district. It’s a tale of two cities.”

[…]

In his comments Tuesday, Morath made clear that he expects the appointed board to address a few key areas, including “a systemic investment in early childhood education” and “how we properly support teachers and incent them” to work at chronically low-performing campuses. However, Morath said he will allow appointed board members and the superintendent to craft plans for meeting those goals.

“I would expect the board to use its judgment and proceed in a strategic direction that they think, given the intel that’s coming to them, makes the most sense for the kids and taxpayers of Houston,” Morath said.

I mean, if Mike Morath thinks that his appointed trustees can make significant improvements without screwing anything up, blowing a hole in the budget, or taking action that significantly contravenes popular will, then more power to them. As the story notes, HISD already offers pre-K (even though the state has historically not paid for it) and also already offers bonuses for teachers who work at underperforming campuses. It’s not that no one has thought of this stuff before, it’s that doing it right costs money, and I don’t see any plans for the state to address that. But hey, if they really can move the ball forward and leave the district in better shape than they found it, then that would be great. I’ll need to see it happen first.

On a side note:

Morath added that the district’s four newly elected trustees, who will be seated in January, cannot join the appointed board. Three of the four election victors say they have applied or plan to apply, believing they were eligible.

I kind of figured this would be the case, since the word from the TEA all along has been that it will be two years or so before they start reinstating the elected trustees, but a whole lot is up in the air now, so who knows what could have been. I remain sympathetic to the argument that the newly-elected Board members have already solved part of the problem that the takeover is supposed to fix, but clearly Mike Morath is not. This is perhaps another aspect of the law in question that should be reviewed by the next Legislature.

HISD attempt to stop TEA takeover denied

Possibly only a temporary setback, however.

A federal judge on Wednesday denied Houston ISD’s request for a preliminary injunction and dismissed its lawsuit aimed at stopping the Texas Education Agency from replacing the district’s elected board, delivering a temporary victory to state officials.

However, U.S. District Judge Lee Yeakel ruled that HISD could still argue parts of the lawsuit in state court and did not reject a Voting Rights Act violation claim brought by the district’s largest teachers union, keeping the possibility of legal intervention alive.

In a 13-page ruling issued late Wednesday, Yeakel found that HISD officials could not legally bring federal due process and voting rights claims against the Texas Education Agency, and that allegations of First Amendment rights violations by the agency did not warrant issuing a preliminary injunction.

[…]

Yeakel, based in Austin, said claims that Texas Education Commissioner Mike Morath exceeded his authority on multiple occasions prior to deciding to replace HISD trustees could be heard in a Travis County court, where he remanded the case.

See here for the previous update; as promised, this was a quick ruling from Judge Yeakel. HISD could now pursue this in a state court, where I don’t think they’re any more likely to get a favorable ruling, but in for a penny and all that. In addition, Judge Yeakel wrote that his initial approval of the Houston Federation of Teachers joining the lawsuit was in error, because they have separate claims from the ones HISD was bringing. He said they should file their own separate lawsuit, which centers on Voting Rights Act claims; as the story indicates, that is what they plan to do. Again, based on the North Forest experience, I don’t think this is going to win the day, but there’s no harm in trying. So, while this was a win for the state, it’s not over yet. The Trib has more.

HISD lawsuit to stop TEA takeover has its day in court

We’ll see how it goes.

As Houston Independent School District fights for its independence, U.S. District Judge Lee Yeakel gave little indication Thursday of whether he would tap the brakes on the state’s plans to strip power from the elected trustees and install a new governing board.

However, Yeakel complimented the district on a “well-presented” case and said he plans to rule quickly on HISD’s request for a preliminary injunction. An injunction would stop the state from making moves to upend management at the state’s largest school district until the court hears and decides the full case.

David Campbell, an attorney arguing on behalf of HISD, said the state’s attempt to appoint a board of managers to oversee the school district is like “bringing an elephant gun to shoot a mouse.”

[…]

“This case starts and ends with Wheatley High School,” said Emily Ardolino, assistant attorney general in the state’s general ligation division. She said the commissioner has a mandate to take action and much of what the state is challenging is not reviewable by the courts under state law.

Yeakel questioned whether the decision to take over the entire governing body of the school district was an overreaction to the failing performance of one in more than 280 schools.

“Texas law provides for this,” Ardolino said, adding government intervention is mandated by state law. She argued the current board has been characterized as “dysfunctional” by one of its members and said disarray in meetings has exposed racial tensions. She pointed to a state investigation that found HISD trustees were unilaterally taking actions that required board approval. The appointed board would serve for a matter of years, not indefinitely, according to the state’s defense.

See here, here, and here for the background. You know my opinion of this, so let me just say I appreciate that Judge Yeakel will give a ruling quickly. Whatever happens, best we know it soon. The Trib has more.

Why not appoint newly elected Trustees to the Board of Managers?

It’s a perfectly reasonable question, posed recently in the Chron op-ed pages by two of those new Trustees-to-be, Judith Cruz and Dani Hernandez.

Judith Cruz

As former Houston Independent School District educators, a product of HISD, and a parent in HISD, we are personally familiar with the inequity and mediocrity that plagues large portions of the seventh largest school district in the United States. We have experienced the average or below-average schools that hover just above “improvement required” status. We resigned or put our jobs on hold and spent the last few months in 100-degree weather walking door-to-door in Districts 3 and 8 in Houston’s East End. Our aim was to give our communities the voice and policy changes to make our schools excellent. Again and again, we heard we were the only candidates who had come to meet them in their neighborhoods and in their homes. We did the work. It paid off. In Districts 3 and 8, we have a clear mandate for change by winning 64 percent of the vote over the incumbent trustees. The people liked our message and spoke with their votes for change. Democracy worked!

Dani Hernandez

We won with a decisive mandate, though the victory was bittersweet. Within hours, rumors of a Texas Education Agency takeover came true. TEA announced it would be replacing the elected trustees with an appointed board of managers. Many were shocked by TEA Commissioner Mike Morath’s timing. The announcement came with a call for those interested in serving on the new board to apply online. Wait! What? Hadn’t Houston spoken on election day? Clearly, Districts 3 and 8 not only have “interested applicants”—they had just elected trustees who weren’t part of the problematic HISD board. We demonstrated our interest months ago when we filed for election and put our lives on hold to be the change we need.

Remember that the HISD takeover is partly about Wheatley High School, and partly about the investigation that concluded multiple Trustees had violated ethics rules, as well as the Texas Open Meetings Act. Two of the Trustees named in the investigator’s report were Diana Davila and Sergio Lira, who were defeated by Cruz and Hernandez. All indications we’ve had so far suggest that the TEA will replace the entire Board with the Board of Managers, and roll the elected officials back on over time, but there’s no reason why they couldn’t start with a couple of elected Board members. If that’s on the table, then it makes sense to put Cruz and Hernandez at the front of the line, precisely because they directly removed two of the problems. I don’t expect the TEA to buy this argument, but there’s nothing inherently illogical about it. We’ll know soon enough.

HFT may join lawsuit to block TEA takeover

That’s a lot of acronyms, so just read this.

Houston ISD’s largest teachers union is considering whether to join a lawsuit filed by the district’s school board that aims to stop the expected ouster of elected trustees by the Texas Education Agency.

Houston Federation of Teachers President Zeph Capo said the union is expected to decide this week whether to take part in the lawsuit, which claims TEA officials do not have legal authority to replace the district’s school board and would violate the federal Voting Rights Act in doing so. Texas Education Commissioner Mike Morath announced earlier this month that he plans to temporarily strip power from HISD’s elected trustees and install an appointed board, citing three reasons: chronically low academic performance at Wheatley High School; a state investigation that substantiated several allegations of misconduct by trustees; and the continued presence of a state-appointed conservator monitoring HISD.

“We do not feel the students and teachers are anyone’s first interest at this particular point,” Capo said. “We’re having our legal specialist looking at the Voting Rights Act and a few other things, to determine whether we could actually intervene in HISD’s lawsuit. I suspect that’s the way we would go.”

[…]

Legal experts have expressed skepticism about whether the state is violating the Voting Rights Act, which prohibits discrimination in the administration of elections. They noted all voters in HISD — not just black and Hispanic residents — would be impacted by the ouster of their elected officials.

The HFT likely would not have legal standing to fight the state’s authority to install an appointed board because the union cannot represent Houston ISD in court. However, the union’s lawyers could have legal standing to argue the TEA would violate the rights of voters in Houston, as long as a plaintiff resides within one of HISD’s nine single-member voting districts.

“We’re going to take care of that,” Capo said. “There will be voters. I’m making sure there’s one for every district.”

HISD trustees voted 4-1 in June to hire an outside counsel to represent the board for the purposes of the state’s investigation into potential trustee misconduct, which included allegations of Open Meetings Act violations and interfering with vendor contracts. At the time, HISD Board President Diana Dávila said trustees wanted legal clarification on aspects of the state law.

In subsequent months, the legal firm’s scope of work dramatically expanded, without another vote from trustees. The board’s lawyers now are seeing temporary and permanent injunctions that would stop state intervention. A hearing date for the temporary injunction request is scheduled for Dec. 5 in Austin.

See here for the background. There was another lawsuit filed in August as well, and at this point it’s not clear to me if these are two separate and active legal challenges, if they have been combined into one, or if the first one has been dropped or dismissed. It’s the same law firm representing HISD in this action, for what that’s worth. As I said before, I don’t expect this to be successful, but it’s not an unreasonable thing to try. I’ll be very interested to see what the HFT decides to do, and what happens at that hearing in December.

UPDATE: They have joined the lawsuit, and the state has filed a motion to dismiss.

So how are those TEA public meetings going?

About as you’d expect.

Residents of Houston ISD peppered state officials with questions Wednesday night about the potential replacement of the district’s elected school board, voicing frustration about the lack of immediate plans for students and staff during the Texas Education Agency’s first community meeting about the looming intervention.

Uncertainty about the state’s intentions with Texas’ largest school district simmered throughout the two-hour meeting at Pershing Middle School, where nearly 100 people gathered one week after Education Commissioner Mike Morath announced his intention to appoint a replacement school board. Morath’s decision is the result of Wheatley High School receiving a seventh consecutive failing grade and state investigators substantiating several allegations of misconduct by HISD trustees.

State officials offered relatively few answers about potential changes to the state’s largest school district, telling attendees that the agency is listening to residents before appointing managers who ultimately would dictate HISD’s future. While Morath has the final authority to appoint and remove board members, the chosen managers are responsible for crafting and carrying out plans for the district in coordination with the superintendent.

“This can be a frustrating part of the process, and I think that’s a reasonable place to be right now, because there’s more unknown than known,” said AJ Crabill, who serves as special adviser to Morath and previously worked as the TEA’s deputy commissioner of governance.

[…]

Crabill told the crowd that an appointed board likely would be charged with addressing one to five specific issues in HISD, emphasizing that the chosen board wouldn’t be expected to solve all of the district’s challenges.

“If our stance is that the board of managers stay in place until every single issue in HISD is solved, when will the board of managers exit? Never,” Crabill said.

Crabill shed slightly more light on the process and timeline of the state’s board selection, which agency officials first publicized last week. He said the names of applicants might be released in late December, cautioning that the agency’s lawyers must still sign off on the publication. He added that the earliest to expect an appointed board’s selection is March 2020.

That much at least is useful information. Here’s a subsequent story from the second meeting.

A crowd of roughly 75 people gathered at Wheatley High School, whose chronically low student performance has triggered the potential board takeover, frequently voiced skepticism that TEA officials understand the needs of Houston’s diverse community and come into the district with good intentions. Residents in attendance were decidedly more critical of the looming intervention than those at the TEA’s first community meeting, held Wednesday at Pershing Middle School.

Several implored the TEA to stay out of the state’s largest district and allow a newly-chosen school board to rectify issues — even as state law mandates that Texas Education Commissioner Mike Morath must close Wheatley or temporarily replace elected trustees after the historic campus received its seventh consecutive failing grade.

Morath announced last week that he plans to employ the latter option. The appointed board would be responsible for creating and implementing plans for HISD in conjunction with the district’s superintendent.

One of the most impassioned pleas Thursday came from Tori Presley, the mother of a senior at Wheatley, who told TEA officials that negative perceptions of the campus perpetuated by the state’s accountability system are holding back the near-northeast side school. Presley encouraged Morath to visit HISD — he hasn’t publicly met in recent months with community members, instead dispatching a top lieutenant — and hear directly from the city’s residents.

“I want (Morath) to know that these kids’ education is important, to know that the kids here have a future,” Presley said after addressing questions to state officials. “The TEA just has to back off and let our community raise our schools. We have everything we need to keep our schools going.”

[…]

Opponents, including many of those in attendance Thursday, believe the board’s removal disenfranchises voters in a predominantly black and Hispanic district and unfairly places power in the hands of a Republican-led state bureaucracy. Pamela Boveland, an education advocate and HISD resident, said voters made the necessary course corrections at the polls earlier this month, when they ensured four new trustees will take seats on the nine-member board in January 2020.

“I know there has been a dramatic change in the decision-making of the board in the right direction,” Boveland said.

Ultimately, TEA officials say lawmakers have made their intentions clear: they want change in districts with chronically low-performing schools. About 85 percent of legislators voted in 2015 to pass the law mandating campus closures or replacement of the school board in any district with a school receiving five consecutive failing grades.

AJ Crabill, a special adviser to Morath and the TEA’s former deputy commissioner of governance, told the crowd Thursday that closing Wheatley is “not how we get justice for children in this campus.” In response to criticism that prior state takeovers of school boards have not resulted in improved academic results, Crabill noted that earlier interventions typically followed financial turmoil or major leadership issues.

“What the community here expects is that (an appointed board) is actually focused on student performance, and it’s not just a conversation about money or other ancillary things,” Crabill said.

I think there is definitely something to be said for the election results, where thanks to two retirements and two incumbents being defeated, there will be four new people on the nine-member Board. I’m pretty sure Commissioner Mike Morath would say that the law as written does not allow him to take that into account, though there may be an argument that one or more of the new members could be appointed to the board of managers. Again, that may be a question of what the law does and does not allow, and that would be a question for the courts to answer, if it comes up in the current litigation or if a new lawsuit is filed. As for the student performance question, I would think the TEA would not want to make that a significant part of the board of managers’ mission, because it’s not at all clear they’d be able to do much, and because overall HISD grades out very well. The potential for them to make little to no progress in their time in charge is non-trivial, and would be embarrassing for the state. At this point, we just don’t know how they will define their mission. There are two more meetings this week, so if you want to ask them about it, those are your best chances.

How the TEA takeover is going to work

The Chron answers your questions.

The complex process has raised several questions among community members. Here are answers some of the most common queries:

What is the process for identifying and selecting candidates?

TEA officials on Wednesday released their plan for crafting the new board, as well as criteria they will use for picking appointed managers. Those documents can be seen here, along with a link to the agency’s public application to become an appointed trustee.

TEA has opened the process to the public, offering residents a chance to apply. The process includes 12 steps, with no time frames established for when they will take place or how long they will last.

First, the agency plans to conduct community meetings and receive applications. TEA officials will screen the applications, conduct reference checks with community and elected leaders, and perform background checks. Next, governance training will be provided to applicants and phone interviews will be conducted. Finalists will be subjected to two rounds of in-person interviews and required to perform an unspecified task and additional governance training.

Morath ultimately has the power to select the appointed members. He is expected to choose nine people, equal to the number of elected HISD trustees.

State officials have not said when a new board would take power, but it likely would not happen until March 2020 at the earliest.

Who can apply?

At a minimum, the agency requires that potential board members must: be an eligible voter living within HISD boundaries, pass criminal background screenings, and commit 40 hours per month to the board in the first six months and 15 hours per month thereafter.

Individuals with business ties to the district, conflicts of interest, involvement with a closed charter school or intentions to seek other elected offices will be disqualified, state officials said.

See here for the background, and read the rest for more. A more concise version of this story is in this Twitter thread from author Jacob Carpenter. There will be four community meetings, two next week and two the week after, to discuss the impending board appointments. This is the critical first step, and everything follows from there, so if you have an interest in this, there’s your chance to get involved.

TEA announces its takeover intent

Here it comes.

In a move that is unprecedented in scope, Texas state officials announced Wednesday they plan on taking over the state’s largest school district, yanking power from Houston Independent School District’s elected school board members to “prevent imminent and substantial harm to the welfare of the district’s students.”

Texas Education Commissioner Mike Morath sent a letter to Houston ISD Interim Superintendent Grenita Lathan and Board President Diana Davila giving two principal reasons for the decision: the school board’s “failure of governance” and the repeated low academic performance of Wheatley High School, which received its seventh failing rating this year. In addition to appointing a board of governance to replace the elected school board, Morath will also appoint a superintendent to lead the district. The timeline of the takeover action is unclear.

“Given the inability of the board of trustees to govern the district, these sanctions are necessary to protect the best interests of the district’s current and future students,” he wrote. The decision means the state will be taking over its largest public school district, which contains more than 270 schools and educates more than 200,000 students.

Houston ISD officials still have a slim chance at averting the takeover and have two weeks to request a formal review challenging it, according to a Texas Education Agency spokesperson.

[…]

During its temporary replacement of the elected board, a board of managers has all the same powers and duties to oversee the school district. Once the state determines it has fixed the specific problems it is charged with, Morath will gradually transfer power back to the elected board.

See here and here for the background. You can see Morath’s letter to HISD here. If for some reason you want to serve on that Board of Managers, the application is here. This decision came a day after the denial of the Wheatley appeal, which was not a surprise. There is the lawsuit filed by HISD to stop the TEA from taking over, which still feels like a longshot to me but which could slow things down. Be that as it may, you can see where this is going.

I’ll just say this much. Despite the problems the Board has had, HISD is overall a pretty good-performing school district. There are problems, of course, as there always are with large, diverse urban districts that serve a population that is mostly low-income and that has a large number of non-native English speakers. I won’t defend the current Board, though after Tuesday’s elections I’d argue it’s already improved, but I’m not at all convinced that the TEA can do a better job with academic performance at schools like Wheatley than the Board has done. I’ll be happy to be proven wrong about that – I hope all of the schools improve while the TEA is in charge – but if I’m right, I don’t know what there is to be done about it. The Chron has more.

TEA recommends HISD takeover

Not finalized yet, but you can see the way it’s going to go.

The Texas Education Agency is recommending that the state take over Houston Independent School District — the state’s largest public school system — due to its elected school board’s “demonstrated inability to appropriately govern,” according to a 318-page final investigative report sent to lawmakers Wednesday.

TEA’s Special Investigations Unit Director Jason Hewitt found that school board members violated state open meetings law by discussing district business without notifying the public of their discussions, attempted to influence how contracts were awarded, and took action on district issues individually without consulting other board members. It substantiates most of the allegations made in a preliminary August report.

District officials and board members, whose responses are included in the final report, dispute many of the agency’s conclusions and argued the allegations were not investigated properly. The Texas Tribune obtained a copy of the report, which is public, late Wednesday. TEA officials confirmed that they had sent it to legislators.

Hewitt recommended Texas Education Commissioner Mike Morath appoint a board of managers to oversee the school district, replacing the elected school board.

[…]

Houston ISD received a B from the state this year, largely based on student test scores, but Wheatley High School failed in August for the seventh year in a row. The TEA is separately considering penalizing the district because of Wheatley’s repeated low performance.

The findings in the report are final and cannot be appealed. Morath will make the final determination on whether to replace Houston ISD’s board.

See here for the background. Remember that this is about the ethics investigation – this is the final version of the August report, which means this version was written after HISD had a chance to respond to the initial report, which also recommended a takeover. The accountability ratings issue is still pending, with the Wheatley rating being half-heartedly appealed, and that decision by Morath – a decision between replacing the Board and closing Wheatley, the latter of which everyone expects will not happen – is not due till early next year. I presume Morath has more discretion in this matter, but given that a takeover is basically inevitable at this point I’m not sure how much it matters. I suppose it may make a difference in terms of how long it may take HISD to get back in control of its own governance, and what it needs to do to get there, but in the short term it’s a distinction without much difference.

In the meantime, there’s this.

Lawyers for Houston ISD’s school board have asked a federal judge to preemptively stop the Texas Education Agency from stripping power from the district’s elected trustees and allow board members to select a permanent superintendent, the latest maneuver in a growing legal battle between the district and state.

In a motion filed Tuesday, the HISD board’s lawyers argued agency officials have discriminated against voters in predominantly black and Hispanic cities, overstepped their authority in suspending the district’s superintendent search and misinterpreted a new state law that requires dramatic intervention in districts with long-struggling schools.

[…]

In their motion for a preliminary injunction, HISD’s lawyers said Texas Education Commissioner Mike Morath is attempting to “unlawfully supplant the democratically-elected board of trustees” and replace it with a state-appointed governance team. The district’s lawyers noted that 10 districts subject to major state intervention in recent years all serve large majorities of black and Hispanic students, illustrating discrimination under the Voting Rights Act.

“You could argue that it’s a coincidence. I think it’s not,” Kevin O’Hanlon, a lawyer for HISD trustees, said Wednesday.

In addition to discrimination claims, HISD’s lawyers argued that a state-appointed conservator overseeing the district’s operations of long-struggling Kashmere High School overstepped her legal authority in suspending HISD’s superintendent search last March. HISD has been without a permanent superintendent since March 2018, when Richard Carranza abruptly left to lead New York City’s public schools.

HISD’s lawyers claim the conservator, former Aldine ISD administrator Doris Delaney, only had the power to dictate matters related to Kashmere.

“Delaney was appointed to be a campus-level conservator over the performance of one of (HISD’s) schools, and was to implement and ensure compliance with getting the resources necessary to extract it from its low-performing status,” O’Hanlon said.

However, state law grants broad authority to conservators, including the ability to “direct an action to be taken” by a district’s board of trustees.

I Am Not A Lawyer, but let’s just say I have my doubts about the likelihood of success here. It’s worth a shot, but I wouldn’t go betting the rent on it. We’ll see how this goes, and how long it takes – would anyone be surprised if this is still in the courts when the TEA is handing power back to HISD? I don’t think it’s likely to go anywhere, but that’s just my guess at this time.

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.

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.