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Texas Supreme Court drops temporary injunction

The Texas Supreme Court heard arguments from both Texas Education Agency and HISD in October. 

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MORE ON HISD TAKEOVER: TEA appeals Houston ISD takeover lawsuit ruling to Texas Supreme Court

The main issue argued was whether Mike Morath, commissioner of the Texas Education Agency, had the authority to appoint the board of managers. The state argues he does under a new bipartisan law, enacted in September 2021, known as Senate Bill 1365.

The law says the TEA commissioner has the authority to appoint a board of managers based on a conservator appointment that lasts for at least two years. The state appointed Doris Delaney to be a conservator for Kashmere High School due to its low academic performance in 2016.

HISD’s counsel argued that wasn’t enough to count under the law. The purpose of a campus conservator is to help make an improvement and Kashmere High School now has a passing rating, HISD’s lawyers said in October. 

More from Rebecca Carballo: HISD board votes against firing Jack Yates High School principal Tiffany Guillory

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The latest Supreme Court opinion says that the school district failed to show that the TEAs actions would violate the law. 

“Because Houston ISD failed to show that the Commissioner’s planned actions would violate the amended law, the Court vacated the temporary order and remanded the case for the parties to reconsider their arguments in light of intervening changes to the law and facts,” according to the case summary.  

HISD officials have not provided a comment yet. 

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story by The Texas Tribune Source link

The Texas Supreme Court heard arguments from both Texas Education Agency and HISD in October. 

MORE ON HISD TAKEOVER: TEA appeals Houston ISD takeover lawsuit ruling to Texas Supreme Court

The main issue argued was whether Mike Morath, commissioner of the Texas Education Agency, had the authority to appoint the board of managers. The state argues he does under a new bipartisan law, enacted in September 2021, known as Senate Bill 1365.

The law says the TEA commissioner has the authority to appoint a board of managers based on a conservator appointment that lasts for at least two years. The state appointed Doris Delaney to be a conservator for Kashmere High School due to its low academic performance in 2016.

HISD’s counsel argued that wasn’t enough to count under the law. The purpose of a campus conservator is to help make an improvement and Kashmere High School now has a passing rating, HISD’s lawyers said in October. 

More from Rebecca Carballo: HISD board votes against firing Jack Yates High School principal Tiffany Guillory

The latest Supreme Court opinion says that the school district failed to show that the TEAs actions would violate the law. 

“Because Houston ISD failed to show that the Commissioner’s planned actions would violate the amended law, the Court vacated the temporary order and remanded the case for the parties to reconsider their arguments in light of intervening changes to the law and facts,” according to the case summary.  

HISD officials have not provided a comment yet. 



 



story by The Texas Tribune Source link

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