Wednesday, November 19, 2008

Texas State Teachers Association General Counsel confirms December 31, 2007 deadline for changing to four year terms

In a November 18, 2008 memorandum to Dale Kaiser, President, NEA-Dallas, the General Counsel of the Texas State Teachers Association has confirmed that the Dallas ISD may not extend its trustees' terms from three to four years after December 31, 2007.

The TSTA General Counsel's memo states:
"The Deadline for the Dallas I.S.D. to extend its trustee's terms from three to four years was December 31, 2007. Any attempt to do so now would be in violation of the Texas Education Code."
The memo points out that the Elections Division of the Secretary of State's office was consulted:
"Further, TSTA has conferred with the Elections Division of the Secretary of State's office. The Elections Division has confirmed that the deadline to adopt a resolution to change the length of trustees' terms, for any school district, was December 31, 2007."
Finally, the TSTA General Counsel recommends:
"TSTA urges the Dallas I.S.D., or any individual trustee with concerns about this issue, to contact the office of the Secretary of State to seek clarification regarding limitations of changing the length of trustees' terms. Ultimately, adopting a resolution to change the length of trustees' terms will likely be found to be invalid, and may result in complaints to the Attorney General of Texas, Texas Secretary of State, and United States Department of Justice."