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TEA appeals HISD takeover ruling to Supreme Court

One way or the other, this should get a resolution.

Lawyers representing the Texas Education Agency filed an appeal Wednesday asking the state Supreme Court to overturn a temporary injunction that has slowed Education Commissioner Mike Morath’s plans to strip power from all nine Houston ISD school board members.

The filing comes nearly two months after the Third District Court of Appeals, in a 2-1 decision, ruled that Morath did not follow laws and procedures that would give him the authority to temporarily replace HISD’s school board with a state-appointed board.

TEA pledged in late December 2020 to appeal the ruling to the Texas Supreme Court. If the state’s highest court overturns the injunction, TEA leaders could install a new board that could vote to end HISD’s lawsuit.

[…]

In their filing Wednesday, state lawyers representing the state argued the Third District Court of Appeals erred in its interpretation of laws and regulations on all three fronts. The lawyers also claimed HISD should not be able to sue the state over an administrative matter.

“This case is of immediate importance to HISD students,” Assistant Solicitor General Kyle Highful wrote in the appeal. “And the court of appeals’ misinterpretations of the law endanger TEA’s future efforts to assist failing schools.”

Each of the three issues considered by the Third District Court of Appeals largely fell along technical lines.

See here for the previous update. The ruling in favor of HISD was bipartisan, so this isn’t an R-versus-D issue in the way some other recent lawsuits have been. No idea how long this may take, so just keep on keeping on until we know more.

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