Federal complaint filed over TEA takeover

We’ll see if it can have an effect.

The Greater Houston Coalition for Justice this week filed a complaint with the U.S. Department of Education alleging that Texas is discriminating against Houston schoolchildren by taking over the majority-minority school district.

Johnny Mata, presiding officer for the coalition, outlined the allegations in a Wednesday letter addressed to U.S. Education Secretary Miguel Cardona.

The coalition filed the complaint on behalf of the Houston Independent School District and against the state of Texas, Gov. Greg Abbott, Education Commissioner Mike Morath and the Texas Education Agency, according to a copy of the letter shared with the Chronicle.

Mata said he believes the TEA is violating a federal civil rights law by taking control of HISD. The contentious takeover has sparked outrage and pushback in recent days among teachers, parents and community advocates who say the move is a political attempt to destroy public education. 

“They’re asking for a fight,” Mata said about state leaders. “They’re playing games, they’re playing politics, they’re catering to their base, and that’s unconscionable.”

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color and national origin. This civil rights law and others extend to all state education agencies, schools and universities, according to the U.S. Department of Education.

Anyone may file a complaint with the federal education department’s Office for Civil Rights, which enforces federal civil rights laws in educational programs or activities that receive federal funding, according to the government website.

[…]

HISD may request an administrative review by the State Office of Administrative Hearings by March 30, according to the commissioner.

Mata, who is not a lawyer, said he disagrees with the state interpretation of the takeover law.

“State law is superceded by federal law and they cannot and should not discriminate against anyone,” he said.

U.S. Rep. Sheila Jackson Lee has said she is also seeking federal intervention in the takeover by speaking with the Biden administration and other members of Congress.

A spokesperson for the federal education department confirmed that it has been in touch with Lee’s office.

“We cannot prejudge the effect of state and local decisions that have not yet been implemented,” the spokesperson said. “At the U.S. Department of Education, our most important focus is to ensure all students receive high-quality education. We always value and encourage community input in education decisions, and every school district should ensure that community rights are respected.”

See here for the background. I don’t know what the likelihood of federal action is, nor do I know what kind of timeline they might be on, or what procedural steps there may be along the way. I do feel confident that if the feds step in that the state would file its own complaint in federal court, and who knows what happens from there. It’s a lot, at least potentially. Or maybe it’s nothing, if the feds decline to act or decide they don’t have the authority. Like I said, who knows? It’s not boring, we know that much.

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