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The digital divide

Online learning is great, if you can get online.

The lack of access to technology among students — commonly referred to as the “digital divide” — has come into sharper focus in recent weeks as school districts across Houston transition to online-based learning amid widespread school shutdowns.

Districts throughout the region are scrambling to equip tens of thousands of children with computers and internet access, jockeying with each other to secure coveted devices in high demand during the pandemic. In the meantime, many districts are providing those students with rudimentary paper materials, asking families to return completed coursework to their schools or take pictures of completed worksheets and send them to teachers.

“This has been on the education docket for, gosh, probably at least 20 years,” said Alice Owen, executive director of the Texas K-12 CTO Council, an association that supports school district chief technology officers. “It’s been a struggle for people to realize that this is an important piece of learning for students if we want to keep them competitive on a global scale.”

Educators and advocates long have warned about the digital divide facing American children, with the nation’s most impoverished children suffering most. The ubiquity and declining cost of computers and internet access has helped shrink the gap, but stark disparities remain.

In the Houston area’s 10 largest school districts, about 9 percent of households — nearly 142,650 — do not have a computer, according to the most recent U.S. Census estimates. Nearly twice that number — about 267,250 households — lack broadband internet access.

Three of the region’s largest and most impoverished districts — Alief, Aldine and Houston ISDs — face the greatest shortages, according to Census data and estimates from district leaders.

[…]

Despite extensive warnings about the digital divide, state and federal legislators have not allocated nearly enough funding to schools to cover costs associated with providing laptops, wireless internet devices and broadband services to all students at home.

Districts can obtain some technology and internet access at steep discounts through a federal program known as E-Rate, but the benefit does not extend to take-home computers or wireless hotspots for students.

“If we want our kids to be competitive and stay up-to-date with tech, we need to be investing in our students for the future,” Owen said. “We’ve got to get over the way school used to be run, and we need to think about the ways that schools are run in the future.”

In a letter sent last week to the top four ranking members of Congress, 35 Democratic senators called for providing $2 billion in E-Rate funds that would allow schools and libraries to deliver wireless internet devices to students without connectivity at home.

“Children without connectivity are at risk of not only being unable to complete their homework during this pandemic, but being unable to continue their overall education,” the senators wrote. “Congress must address this issue by providing financial support specifically dedicated to expanding home Internet access in the next emergency relief package so that no child falls behind in their education.”

Maybe addressing this could be part of Infrastructure Week, or maybe it can be its own item. As the story notes, HISD and some other districts issue laptops to high school students – my daughter has one – which helps with those students, but obviously only goes so far. Charters are not exempt – KIPP reports a similar issue with its students. This is, plain and simple, an issue of poverty. If fixing the underlying issue is too hard, then maybe we can agree that all students need to have the equipment required for an education, and provide them all with laptops and Internet access. The choice is ours – are we going to learn from this crisis, or are we going to face the same problems the next time, without the excuse that we didn’t know any better?

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.

School could be out for awhile

We got the news on Thursday that HISD schools were going to be closed until March 31 due to coronavirus. (This week is spring break, so the kids got an extra day off before the start of break, then a week and a day after it.) But there’s a very real possibility that schools will remain closed well after that.

Houston schools could remain closed well beyond the end of March due to the novel coronavirus pandemic, requiring unprecedented efforts to deliver meals and educational materials to hundreds of thousands of children, several local superintendents said Friday.

One day after nearly all Houston-area districts canceled classes through at least next week, local education leaders said their staffs were crafting contingency plans under the assumption that schools will remain closed long-term. Public health experts have said the spread of COVID-19, the disease caused by the new coronavirus, is expected to last months with the potential to infect millions of Americans.

“We’re planning as if we’re going to have to do school remotely for the remainder of this (school) year,” said Fort Bend ISD Superintendent Charles Dupre, whose district serves about 78,400 children.

For now, no area school districts have canceled classes past March 30, the date when Houston and Fort Bend ISDs are scheduled to return to school. Many district leaders said they plan to reassess their calendars next week, when updates about the virus are available.

However, several education officials said they expect the continued spread of COVID-19 and growing public awareness about its potentially devastating effects likely will prompt extended cancellations.

“If we’d had this discussion two days ago, I think we’d have said (school closures) would last a couple weeks, maybe to the first week of April,” said Curtis Culwell, executive director of Texas School Alliance. “I think the reality that’s beginning to sink in is, this could be longer than that.”

[…]

The Texas Department of Agriculture received a federal waiver Friday allowing districts to serve school meals off-site and to small groups, U.S. Sen. John Cornyn, R-Texas, said in a statement.

On the academic front, districts are grappling with multiple challenges in providing high-quality instruction, including lack of access to technology among lower-income and rural students, inexperience with remote learning tools, concerns about attentiveness among elementary-age children and the delivery of special education services.

The Texas Education Agency told district leaders Thursday evening that they must commit to “supporting students instructionally while at home” to avoid extending the school year.

Here’s the HISD announcement, in case you missed it. I have to say, I have no idea what to expect at this point. I don’t see any way that the overall coronavirus situation is better or noticeably under control by March 31, so I do believe schools will be closed longer than that. How much longer, and what the schools do about it, that’s the big question. This could wind up being a mostly lost year from an educational perspective, which is another scary thing to contemplate. And with all this disruption, does it make sense to proceed with STAAR testing as if nothing else were happening? State Rep. Jon Rosenthal thinks we should cancel the STAAR for this year, and I’m hard pressed to see the argument against that. How can that test mean anything in this context? Again, I have no idea what to expect. It’s going to be a super bumpy ride, and we’ll have to do it in our own spaces. Hang in there.

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.

HISD takes a step towards a bond referendum

Just a step. If there’s to be a bond referendum on the ballot, this year or later, they’ll have to vote again to authorize that.

Houston ISD trustees kept hopes alive for a November bond election during Thursday night’s board meeting, voting to approve spending on a facilities assessment that must be completed before asking residents to provide tax dollars for campus and security upgrades.

Board members voted 6-3 to spend up to $5 million on the assessment, which will document the conditions of HISD’s aging schools, space needs for campuses and demographic trends in the district. District officials said they will use the assessment to guide the creation of any bond proposals, which remain in the early stages of development.

[…]

Trustees and administrators who backed the assessment argued the analysis will provide vital information needed to create an accurate and updated picture of the district’s facilities needs. HISD last commissioned a facilities assessment in 2016, but the work only documented building conditions, with no alignment to academic and space needs.

Three trustees voted against the bond — Judith Cruz, Dani Hernandez and Elizabeth Santos — amid questions about timing of the assessment.

Board members and Lathan have not held extensive discussions about their detailed vision for the district since January, when four new trustees joined the nine-member board.

In addition, public trust in the district has waned over the past two years following extensive in-fighting, as well as the possible ouster of elected trustees due to multiple findings of misconduct by board members and chronically low ratings of Wheatley High School.

“It feels rushed, and I want to make sure we’re doing this the best way possible,” Cruz said.

The vote came after nearly 20 students, parents and educators spoke in favor of rebuilding crumbling schools, describing outdated facilities that disappoint children and scare away prospective families.

See here for some background, and here for a preview story from Thursday, when the vote was taken. The last bond was in 2012, and it’s getting to be time to do some more capital spending. Previous bonds have passed without too much commotion, and even with HISD’s current issues I think they’d be able to get one passed this year, if they do a decent enough job presenting what it would do and get sufficient buy-in from the community. The looming TEA takeover may work in their favor, as I for one have no idea whether a board of managers could or would attempt to authorize a bond, and waiting around for another four or five years seems like a terrible idea. Let’s see what the assessment says and we’ll go from there.

Chron overview of the HD142 primary

Also known as the How Mad Are People At Harold Dutton? primary.

Rep. Harold Dutton

Longtime state Rep. Harold Dutton is facing the most serious re-election test of his 35-year political career in an acrimonious primary against two Democratic opponents.

The race, which has generated few headlines but produced ample tension between the candidates, pits Dutton against Houston District B Councilman Jerry Davis and transportation logistics executive Richard Bonton. A fourth candidate, Natasha Ruiz, does not appear to have a campaign website and has yet to file any campaign finance reports.

Imperiling Dutton’s re-election is a well-funded challenge from Davis, who since 2012 has represented much of the same northeast Houston territory as Dutton, including Fifth Ward, Kashmere Gardens and Trinity/Houston Gardens.

The candidacy of Bonton, who ran unsuccessfully for the seat in 2018, also raises the prospect that Dutton could be forced into a runoff for the first time since his initial run for the seat in 1984, said Michael Adams, chairman of Texas Southern University’s political science department.

“I think it’s a very competitive race,” Adams said. “Harold is a long-standing incumbent, but that cuts both ways, because Jerry has a lot of recognition from his city council races.”

Nothing has drawn more attention in the race than Dutton’s role in crafting a 2015 law that requires the Texas Education Agency to penalize a district if any of its schools fails state standards for five consecutive years by closing the school or replacing the school board.

[…]

Dutton shrugs off the criticism over HISD, noting that the law received widespread bipartisan support when it sailed through the Legislature five years ago.

“I stand by it totally,” Dutton said. “I just couldn’t in good faith sit there and do nothing while these students linger in the education toilet. HISD, like most school districts, could have taken the opportunity to fix the schools. That’s what could have happened and should have happened, but didn’t happen.”

I just don’t know what to make of this one. It’s certainly the strongest challenge Rep. Dutton has faced in a long time – he made it through the Craddick years without being targeted – I just don’t know how much people will hold the TEA takeover stuff against him. He’s right, the bill had broad support when it passed, and there’s certainly a case that if a school continues to struggle year after year, it’s being failed by its district as much as anything else. On the other hand, he doesn’t have much money, he probably doesn’t have much of a field operation (since he’s never needed to have one, and he’s far from the first name you think of when you think of team players in the countywide campaign), and he doesn’t have much in the way of establishment organizational support. Labor has mostly sided with Davis (with the exception of the Texas State Teachers Association, which may see him as a friendly incumbent), as has the GLBT Caucus, while HBAD has endorsed Bonton, and the Texas Coalition of Black Democrats co-endorsed Bonton with Dutton. Maybe the high expected turnout will help him, as he’s likely the best known name on the ballot even after Davis has won three elections, and maybe less-frequent voters will feel less affinity for him. I really have no idea. If you live in the district and have seen the campaign activity there, please leave a comment.

Meanwhile, the HISD Board of Trustees is still a thing

Meet the new Board, not the same as the old Board.

Hours after Houston ISD’s four recently elected trustees took office, enshrining the district’s first all-female school board, the new-look governing team on Thursday made its first big decision.

Trustees voted 8-1 to postpone approving a facilities assessment contract sought by the district’s administration, which would serve as a significant step toward asking residents to approve a multi-billion bond package in November. Board members will return in February to decide on the contract, giving them additional time to consider the ramifications of the deal.

Multiple board members said they wanted more discussion between the administration and trustees before spending up to $5 million on a facilities assessment. HISD likely will face headwinds in gaining support for a bond package, the result of dramatic state intervention looming over the district and a decline in public trust following months of board in-fighting.

“If it were that important, these conversations should have happened months ago,” HISD Trustee Elizabeth Santos said. “To spring it on brand new board members and expect a vote is unfair.”

HISD administrators said the facilities assessment would help the district craft a bond proposal, which would involve extensive construction projects at dozens of campuses, major investments in school security and hundreds of millions of dollars in technology upgrades.

Derrick Sanders, HISD’s officer of construction services, said the delay in a facilities assessment “wouldn’t be a fatal blow, but it would be a challenging one” for placing a bond request on the November ballot.

District officials have not placed a price tag on any potential bond packages, but it would likely exceed $2 billion and come with little to no increase in the tax rate. HISD residents last voted on a bond in 2012, approving a $1.9-billion proposal. Nearly all projects financed by the package have been completed.

So the obvious question to ask here, which the story did not address, is whether there could be a bond election called by the Board of Managers. It’s been long enough since the last bond election that there’s surely a need for some capital spending, and waiting four or five years till the elected Board is fully back in place could ensure that the need is too great to be sufficiently addressed. These bonds usually pass without too much trouble – the 2012 bond got 69% of the vote – but it’s not hard to imagine a 2020 issue being controversial. I don’t know what the best course of action is here, but I hope the new Board figures it out quickly. Aren’t y’all glad you signed up for this?

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 and HCC results

From the HISD runoffs:

Early election results showed Houston ISD school board candidates Kathy Blueford-Daniels and Patricia Allen with comfortable leads in their runoff races Saturday, as they aim to fill the final two seats on the district’s closely watched governance team.

With absentee and early votes counted, as well as 38 percent of precincts reporting, Blueford-Daniels, a retired postal manager, led City Council aide John C. Gibbs by a wide margin, mirroring her strong showing in the November general election.

Allen, a retired HISD administrator, appeared poised to break away from management consultant Matt Barnes after the pair each earned about 30 percent of the general election.

The two victors Saturday will join two newcomers who defeated incumbents in November’s general election. Judith Cruz and Dani Hernandez easily topped Diana Dávila and Sergio Lira, respectively, each earning about 64 percent of the vote.

Blueford-Daniels was leading by about 25 points as most voting centers had reported. Allen was up by about nine points. Congratulations to them both, and all the best in what should be a very challenging next few years.

And some very good news from the HCC races.

Monica Flores Richart

Early results in two Houston Community College Board of Trustees runoff races show Rhonda Skillern-Jones with a commanding lead, while Monica Flores Richart and Dave Wilson are locked in a tight battle.

With absentee and early-voting results tallied, as well as 38 percent of precincts reporting, Skillern-Jones, who has served on the Houston ISD school board for the past eight years, comfortably led longtime educator Kathy Lynch-Gunter in the race for District II. Skillern-Jones entered as a clear favorite after taking 45 percent of the general election vote to Lynch-Gunter’s 25 percent.

In District I, Flores Richart, a lawyer, held a slight lead over Wilson, who resigned from his HCC trustee seat in August and switched districts ahead of the race. Flores Richart nearly emerged from the general election with an outright victory, earning 48 percent of the vote to Wilson’s 32 percent.

[…]

The two winners will join newcomer Cynthia Lenton-Gary, who ran unopposed, on the nine-member board. A fourth new trustee will join the board next year if current HCC Board chair Carolyn Evans-Shabazz were to maintain her strong early lead Saturday in her Houston City Council race. Evans-Shabazz will have to resign her seat to join the council.

Flores Richart built on her lead on Election Day. May we never be cursed with Dave Wilson again.

Carolyn Evans-Shabazz is on her way to winning in District D, so we’ll have a new Trustee in her place early next year. With Neeta Sane running for Fort Bend County tax Assessor, we could have two new HCC Trustees before the 2021 election.

Chron overview of the HISD runoffs

We had overviews of all the Council runoffs, but there are other races to consider.

Kathy Blueford Daniels

Voters in parts of Houston ISD return to the polls next Saturday to complete an overhaul of the district’s much-maligned school board, which will have four new members seated in January.

Runoff elections in District II, which covers large swaths of northern Houston, and District IV, home to parts of downtown and south-central Houston, pit four newcomers promising to refocus attention on students following months of acrimony on the board. None of the candidates earned the necessary 50 percent of the vote in November’s general election to win outright.

In District II, retired postal manager Kathy Blueford-Daniels, who earned 43 percent of the vote in the Nov. 5 general election, looks to hold off city council aide John C. Gibbs, who trailed with 22 percent.

In District IV, the race between retired HISD principal Patricia Allen and management consultant Matt Barnes figures to be close after Allen received 31 percent of the general election vote and Barnes snagged 30 percent.

[…]

After narrowly missing an outright victory in her five-candidate general election, Blueford-Daniels enters the runoff as the favorite to replace incumbent Rhonda Skillern-Jones, who is seeking a seat on the Houston Community College Board of Trustees. Blueford-Daniels and Gibbs both graduated from District II high schools in the mid-1970s — Wheatley and Booker T. Washington, respectively — and serve as community activists primarily on the city’s northeast side.

Blueford-Daniels said her managerial experience and dedication to reforming a dysfunctional school board should propel her to victory.

“I want to be that conduit between the administration and HISD, to find out what people in the community want for their children,” Blueford-Daniels said. “I know we won’t be directly engaged with administration and the schools, but I think I can relate to them.”

Gibbs said his deep ties to the district, burnished as a community outreach liaison for Houston City Councilmember Michael Kubosh for the past six years, give him the edge over Blueford-Daniels.

“You need to know personalities and people and issues that are indigenous to those particular schools and communities,” Gibbs said. “I know what the issues have been, and nobody is looking at the systemic problems that have to be solved.”

Blueford-Daniels and Gibbs both advocate for returning more vocational programs to high schools in District II, many of which have ranked among the lowest-performing in the state in recent years, and fostering more stable leadership in the principal ranks.

The candidates differed on applying for the potential state-appointed board, an option open to all candidates and elected trustees. Blueford-Daniels said she does not plan to apply, preferring to use her time without power to build trust among the elected trustees. Gibbs, who declared in October that he supported state intervention, said he plans to apply for the position amid concerns that an appointed board could close campuses.

Both Blueford-Daniels and Gibbs have run for Council before. I’ve interviewed her before, but have not met Gibbs and don’t know anything about him beyond what I know from stories about this race. I do know that I disagree with his cheerleading for the TEA takeover, and on those grounds I’d vote for Blueford-Daniels.

In the other race, I interviewed Barnes in September, and I didn’t realize until reading this story that Patricia Allen is the daughter of State Rep. Alma Allen. Both have applied or will apply to be on the Board of Managers. I feel like both would be good Board members.

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.

The LBB report on HISD

There’s less here than you might think.

Houston ISD’s inefficient, poorly organized and unwieldy bureaucracy is shortchanging the district’s 209,000 students and city taxpayers, requiring structural changes across virtually all corners of the district, the Texas Legislative Budget Board said in a blistering report issued Friday.

A 325-page performance review of HISD by the LBB, a permanent joint committee of the Texas Legislature, identified extensive operational shortcomings and issued 94 recommendations aimed at improving operations in the state’s largest public school district.

The report took particular aim at the HISD’s prized decentralized power structure, finding the model delivers inconsistent resources to students and poor monitoring of spending, while also piling on the much-maligned school board for eroding public trust and district morale.

The board also proposed several potentially controversial measures, including the formation of a “campus closure and boundary advisory committee” and suggested the district could save $26 million by shuttering as many as 40 underutilized schools. The report also called for various consolidations that could cost hundreds of jobs.

LBB officials said their recommendations could save the district $237 million over the next five years and streamline the delivery of academic services. HISD leaders are not legally required to follow any of the board’s recommendations.

In a statement Friday, the HISD administration said it is evaluating the report.

“We will seek to implement new practices and continue proven methods that maximize student achievement and promote productive and efficient operations,” the statement read.

[…]

The LBB issued several politically palatable recommendations that some community leaders, educators and board members long have sought. They include reducing administrative positions, staffing more campuses with counselors and crafting stronger budget practices.

Most recommendations involve anodyne changes to oversight and structure of the district’s many behind-the-scenes departments, including technology, contract management and transportation.

Other recommendations likely would face immediate backlash, including the suggestion that the district consider shuttering underutilized campuses. School closures have proven particularly fraught in Houston, as lower-enrollment campuses typically serve lower-income children of color.

One of the bigger shifts recommended by the LBB involves centralizing more district operations to ensure consistent, uniform practices. Currently, HISD delegates extensive autonomy over campus-level finances, staffing and programming to principals, a rarity among the nation’s largest public school districts.

Supporters of the decentralized system argue campus leaders are best positioned to know their students’ needs and craft innovative plans for raising student achievement. Opponents claim the setup leads to inconsistent student outcomes, particularly for children in the city’s most impoverished neighborhoods. The LBB largely sided with critics of the structure.

“Independent campus decisions result in a student experience that differs across the district, and students may not be served consistently,” the report’s authors wrote.

Jodi Moon, who studied HISD’s decentralized model as a researcher with Rice University’s Houston Education Research Consortium, said the district’s system creates “a greater continuum of successes and failures” between schools. She questioned, though, whether a district as large as HISD would see significantly different results under a centralized setup, noting that principal experience, school choice participation and myriad other factors contribute to campus-level outcomes.

“I just find it hard to believe that you’re going to find any of the larger, urban districts where there’s a lot of uniformity,” Moon said.

Please note first of all that this was a report the HISD board asked for. The LBB doesn’t do this sort of thing on their own, they have to be invited in. This report is the result of the Board seeking ways to improve.

Anyone who has paid any attention to HISD in recent years knows that there have been multiple efforts to close “underutilized” schools, and they have all foundered in the face of fierce pushback from parents, alumni, and other stakeholders. Closing smaller schools can look good on paper, but it has real effects on people’s lives and on the neighborhoods where those schools are. The Board has consistently responded to the voice of the people they were elected to represent. Whether the appointed board of managers that the TEA is about to install will take a crack at this, since they don’t have any voters to answer to, is a big and looming question as we enter the takeover era.

The centralization issue is one where I think you could very reasonably argue that any savings that might be achieved is more than offset by giving principals, who know their schools and students best, the autonomy to respond to their own individual needs. It’s far from clear to me that emulating this particular practice of HISD’s peer institutions – New York, LA, Chicago, Philadelphia, etc – is a desirable goal. Putting it another way, do you want to make the bureaucracy that much bigger? I get what the LBB is talking about, but this isn’t a simple matter, and it’s far from clear to me that the savings involved is real.

Anyway. There are good ideas in this report, and there will be opportunities to implement them. It all starts with that appointed board, which will be able to operate in a different manner than the elected board. How much of a good thing that is very much remains to be seen.

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.

Endorsement watch: Miscellania

We cover three endorsements today: HD148 (I presume the Chron is not endorsing in HD28), HISD IV, and City Council District C. Endorsements for the constitutional amendments were in the print edition on Saturday, I’ll run them on Tuesday. That leaves the Mayor and Controller, and I assume those will be in today’s print edition, and will have been online as of later in the day Saturday. I’ll get to those on Monday.

For today, we start with HD148 and the Chron’s recommendation of Anna Eastman in HD148.

Anna Eastman

Voters have their work cut out for them in making a choice because there are 14 candidates for the job, including 11 Democrats, two Republicans, and one independent — all of them appearing on a single unified ballot.

We recommend voters choose Anna Eastman, who was a respected member of the HISD board for eight years before she stepped down this year. Her HISD district included 75 percent of District 148.

Eastman stood out as a smart, dedicated member of the board who generally favored enlightened policies.

Should she win the House seat, she has a laundry list of issues she wants to tackle, including, of course, education, starting with improved teacher pay.

There are fifteen candidates running for this office, unless one of them has dropped out and I missed it. Not sure if the Chron knows something I don’t know or if they just goofed on the math. Either way, I agree that there are a plethora of good choices, and I’m kind of glad I don’t have to pick just one. My interviews with ten of these candidates can be found here, and a look at their 30 day finance reports is here. If you’re in HD148, who are you voting for?

Meanwhile, in another race with a lot of credible candidates, the Chron recommended Abbie Kamin in District C.

Abbie Kamin

Houston City Council District C is home to one of the city’s most vibrant and prosperous neighborhoods, the Heights, and neighborhoods hit hardest by Hurricane Harvey. It’s also home to some of Houston’s most engaged residents, so it’s no surprise that so many candidates are competing to represent the district on City Council.

Council member Ellen Cohen, the city’s mayor pro-tem, faces a term limit and is not in the race.

To replace her, voters should choose Abbie Kamin, a bright, thoughtful civil rights attorney. Three other candidates also stood out as strong contenders, each impressing the editorial board during screening meetings.

Shelley Kennedy, who served under former Mayor Annise Parker on the Keep Houston Beautiful Commission and currently serves on city’s police oversight board, was compelling. So was Greg Myers, who served on the Houston Independent School District board from 2004 to 2016. Amanda Wolfe asked smart questions about Metro, and obviously has a firm grasp on neighborhood-level concerns within the district.

But it was Kamin, 32, who brought the best mix of policy smarts and a can-do spirit of compromise and team work. Those skills, as much as determination to fight for her constituents, are absolutely essential to success as a member of the Houston City Council.

Kamin is also a fundraising machine, and has a record of achievement that makes you realize how big a slacker you were in your 20s. Again, there are a lot of strong candidates in this race, and with 14 candidates anything can happen.

Finally, there’s Matt Barnes in HISD District IV.

Matt Barnes

In a 2018 op-ed published on these pages (“Houston ISD’s misdiagnosis and the cure” ), Matt Barnes issued a clarion call to Houstonians, asking qualified candidates to run for the Houston Independent School District board of trustees. “Those of you who are as angry as I am about young people growing up unprepared for adult life: Get ready. The cure to HISD’s governance problem starts with us running (and voting) in 2019.” After his preferred candidate decided to pass on this race, Barnes tossed his own hat into the ring for District 4 that is held by outgoing board member Jolanda Jones. The district includes the Third Ward, where Barnes has been a resident for 20 years.

Barnes, 48, is well-suited in experience, temperament and commitment to be an outstanding trustee. His professional background includes more than 20 years of involvement in education from pre-K to university, including his recent position as CEO of Educational Makeover, an organization dedicated to providing free coaching to parents. Not only is Barnes familiar with the dividing line between board of trustees and management, he also has served on several nonprofit boards. To prepare for this race, the radio talk show host immersed himself in data about the district and has staked out his priority for enhanced student achievement, early literacy. While the candidate does not support a takeover of the board by the Texas Education Agency, if the change does occur, Barnes promises to be a “bridge builder” between the appointed board and the community.

My interview with Matt Barnes is here. I know it seems weird to be electing HISD trustees when the TEA is about to appoint people who will have the real power, but someone has to oversee those appointees and hold the TEA to its promises and responsibilities. In that sense, the HISD Trustee elections are even more important than usual. Don’t blow them off.

Endorsement watch: One more HISD, two in HCC

Some pretty easy calls for the Chron here. In HISD VII, they go with Judith Cruz.

Judith Cruz

Houston Independent School District does not need more of the same in its leadership. The embattled district must move away from the dysfunction that has tainted the current school board, from the in-fighting and public squabbles that have left its reputation in tatters and taken focus away from the needs of students.

State intervention, triggered by Texas law when Phillis Wheatley High School failed in yearly accountability ratings, will likely result in a state-appointed board of managers. But voters must also do their part by electing trustees who are well-prepared to guide the district no matter what is ahead.

In HISD’s Board of Trustees District VIII, which includes the East End and some of the city’s top performing schools, that means rejecting incumbent Board President Diana Dávila.

A Texas Education Agency investigation found that Dávila made false statements to state officials during an inquiry into potential violations of the Texas Open Meetings Act in late 2018, when she and other trustees unsuccessfully tried to oust Interim Superintendent Grenita Latham. Dávila also faces accusations of improperly interfering in district vendor contracts.

Dávila, who declined to participate in a candidate screening by the editorial board, has denied wrongdoing, but the allegations and her role in the board’s missteps would only be a distraction.

Her opponent, Judith Cruz, 44, brings a commitment to rebuilding trust and transparency, as well as experience as a classroom teacher and in an educational nonprofit, DiscoverU. She began her career with Teach for America, and went on to teach ESL at Lee High School (now Wisdom) in HISD, and at Liberty High School, where she was a founding teacher.

[…]

It is time for a change in HISD. We recommend Cruz for Board of Trustees District VIII.

I expected this, based on the Chron’s endorsement of challenger Dani Hernandez in District III. Even without Dávila’s other baggage, the Chron was almost certainly going to call for a clean slate. My interview with Judith Cruz is here. Some but not all of the 30 day finance reports for HISD are up, I’m going to wait a little more before I post on them to give time for them all to appear. The Chron still has to make a call in HISD IV.

Also a trivially easy decision was to endorse Monica Flores Richart in HCC District 2.

Monica Flores Richart

Former Houston Community College District 2 trustee Dave Wilson announced in August he was quitting his seat in order to focus full time on running to represent District 1. Trouble is, he said he had moved from District 2 to District 1 seven months before, in January — and was only just then getting around to vacating an office he appeared to be no longer eligible to keep. He called Texas residency rules “vague” but there’s nothing vague about keeping a job representing a district you no longer even live in.

Now that he’s running to fill a different seat on the same board, we do not encourage anyone to vote for him.

Fortunately, the majority Hispanic District 1 on the northeast side has a really good candidate running against Wilson, and we heartily endorse her for the job.

She is attorney Monica Flores Richart, 45, who has an undergraduate degree in public policy from Princeton University, a law degree from Columbia University. She worked for U.S. Rep. Nick Lampson, the Democrat who in 2006 won the heavily Republican district vacated by Tom DeLay. He got swept out of office in a Republican wave in 2008.

[…]

Richart is smart, has good ideas and strikes us as someone who can accomplish positive change in a professional way.

We endorse her for District 1 on the HCC board of trustees.

My interview with Monica Flores Richart is here. Honestly, they could have written dozens of paragraphs about what a bigoted jackass Dave Wilson is and then ended with those last two sentences above. But Richart really is a strong candidate, so better to emphasize that as well.

Finally, the Chron endorses Rhonda Skillern-Jones in Wilson’s old district, District 2.

Rhonda Skillern-Jones

The District 2 candidates are former HISD board president Rhonda Skillern-Jones, longtime educator and community leader Kathy Lynch-Gunter and attorney Brendon Singh.

Retired teacher Linda Murray, 70, is on the ballot but told us she has dropped out and supports Skillern-Jones.

Skillern-Jones, 52, is the heavyweight in the field, having served eight mostly laudable years on the Houston Independent School District board of trustees, including two as president.

The Texas Southern University grad’s reputation took a hit in April 2018 when she presided with a heavy hand over a failed attempt to transfer control of 10 troubled schools to a charter school company with a questionable reputation.

The emotional meeting resulted in two people being hauled off by police and, in the end, the transfer of schools was abandoned. Skillern-Jones, who had asked the police to help quiet the protesters, accepted blame for the debacle.

[…]

There were a lot of things to like about Lynch-Gunter, 56, and Singh, 24, an HCC alumnus, but Skillern-Jones’ experience and knowledge of educational governance is hard to beat.

We agree with Skillern-Jones that her long record of public service shouldn’t be reduced to her actions during a single meeting. We urge voters to elect her to the HCC board of trustees, District 2.

You may ask, why does Skillern-Jones not get the same level of skepticism that fellow HISD Trustees Sergio Lira and Diana Dávila got? One, she wasn’t named in that TEA ethics investigation, and two I presume either the Chron didn’t consider her a part of the problem in the same way, or they decided that even with that on her record she was still the better choice for HCC. There’s one more HCC race, though it appears to be uncontested, and one more HISD race, the open seat in District IV. We’ll see what the Chron has to say about them.

Endorsement watch: Two in HISD

The Chron goes against the incumbent in District III.

Dani Hernandez

[Incumbent Sergio] Lira, who was elected in 2017 after the death of longtime trustee Manuel Rodriguez, has 30 years of experience in education, with a doctorate in educational leadership and policy studies, and time spent as a teacher and assistant principal. Although his experience allows him to easily expound on the board’s policies and programs, it could not keep him from finding himself at the heart of the board’s dysfunction.

Texas Education Agency officials concluded Lira and fellow trustee Diana Dávila made false statements to investigators looking into charges that some board members violated the state’s Open Meetings Act as a prelude to the embarrassing ouster and reinstatement of interim Superintendent Grenita Lathan in late 2018. Lira told the editorial board he couldn’t comment because it was an ongoing investigation, but stressed the TEA’s findings were allegations, not proof.

Still, we agree with Hernandez that new leadership is needed in the district and believe she has the potential to provide it, quickly getting up to speed to better serve her constituents.

Hernandez, 31, became a teacher in the district through Teach for America after she graduated with a degree in sociology from Boston University. The daughter of immigrants and the product of HISD schools, she was the first in her family to go to college. After six years in the district she decided to join her family’s real estate business but never forgot her students.

“When I came back to HISD as a teacher, I saw the same challenges and the same educational inequities facing my students that I faced,” Hernandez told the editorial board. “If we want HISD to be able to graduate students who will be college ready, career ready, military ready — that achievement gap needs to shrink.”

See here for the background. I suspect the Chron will treat HISD Trustee incumbents in the endorsement process, this year and in 2021, in the same way as they treated misdemeanor court incumbents in 2018. In that case, no matter how good their record was otherwise, if they opposed bail reform they were opposed. Any Trustee the Chron deems to have been a part of the problem on the Board, regardless of other considerations, will be similarly opposed. Maybe those who are not up till 2021 will have a chance to rehabilitate themselves, who knows – 2021 is a long way off. But no one should be surprised if their tenure is held against them.

In the open seat District II race, they endorsed another teacher.

Cris Moses

In District II, home to Kashmere and Wheatley high schools — which have proud histories but have struggled of late — and North Forest High School, which came under the district’s control six years ago, voters have five candidates to choose from. Cris Moses, 35, a math and technology teacher at HISD’s Fleming Middle School, stands out from the crowded field as the right person for uncertain times.

Moses is the only teacher among the candidates, but our recommendation doesn’t hinge on the board’s need for more professional educators. The board functions best with the benefit of different skill sets and professional points of view. Moses’ leadership style singled him out. During our screening, Moses, a clear communicator, displayed an even temperament and an evident passion for kids.

We were also impressed that the five candidates agreed on many of the key issues facing the district. Each understood the critical distinction between governance and management and forswore the meddling and micromanaging that has plagued past HISD boards. Candidate Kathy Blueford-Daniels put it best when summing up recent board meetings: “This is not normally how adults are supposed to behave.”

All the candidates also said that the board should make the hiring of a permanent superintendent a priority and that the new hire ought to be someone from within HISD or with strong Houston ties.

One area of sharp contrast did emerge. One candidate — John Curtis Gibbs, a community outreach liaison and director of constituent services for City Councilman Michael Kubosh — favors a state takeover of HISD. Moses, Blueford-Daniels, a retired Postal Service supervisor, and accountant Jevon German do not. Chloe A. Veal, a student pilot, remains undecided.

The Erik Manning spreadsheet as always has more info about the candidates. I have not done any interviews in this race but may return to it for the runoffs. I’m working on the HISD and HCC candidate finance reports as well, hopefully soon. I don’t know how favoring a TEA takeover will play with the voters, but everyone needs to have a plan to get the district and the Board back on track, and for holding the TEA accountable during its time in charge.

HISD’s appeal of the Wheatley rating

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

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

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

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

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

[…]

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

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

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

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

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

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

It’s a good question.

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

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

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

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

[…]

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

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

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

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

The TEA delivers its terms to HISD

As expected.

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

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

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

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

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

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

HISD has a lawsuit against the TEA over that ethics investigation

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

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

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

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

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

[…]

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

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

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

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

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

We await HISD’s fate

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

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

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

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

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

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

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

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

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

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

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

HISD misses on accountability ratings

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

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

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

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

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

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

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

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

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

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

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

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

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

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