The question asked:
"Whether Dallas ISD may appoint members to a Home Rule Charter
Commission who were chosen by a District Advisory Committee that
"included a "significant number of professional educator members who
were not elected" and thus the District Advisory Committee (DAC) "was
indeed, unlawfully constituted?"
---------------------------------------------------------------------------------------------------------------------------| Subject: | Request for Attorney General's Opinion regarding Home Rule School District Charter Commission |
|---|---|
| Date: | Thu, 26 Jun 2014 16:33:20 -0500 |
| From: | Carla Ranger |
| To: | Michael Williams <commissioner@tea.state.tx.us>, David A. Anderson <tealegal@tea.state.tx.us> |
Hon. Michael Williams Commissioner of Education State of Texas 1701 N. Congress Avenue Austin, Texas 78701 Subject: Request for Attorney General's Opinion regarding Home Rule School District Charter Commission Dear Commissioner Williams: I was elected Dallas ISD Trustee in 2006. Currently, I am Second Vice President of the Board of Trustees. This is to request your assistance in obtaining an Opinion of the Texas Attorney General to determine the application of the Texas Education Code - Section 11.251-Planning and Decision-Making Process (e) providing the following: "(e) The board shall adopt a procedure, consistent with Section 21.407(a), for the professional staff in the district to nominate and elect the professional staff representatives who shall meet with the board or the board designee as required under this section." On June 13, 2014, in the 193rd Judicial District Court, in Cause No. DC-14-06281, Alliance AFT, Plaintiff v. Dallas Independent School District, Defendant, the Court entered a Temporary Restraining Order stating: "It IS, THEREFORE, ORDERED that Dallas Independent School District, Defendant in this cause, be and hereby is, enjoined and commanded forwith to desist and refrain from appointing the teachers selected by the Defendant's district-level advisory committee on or about June 4, 2014 (whose names were published on June 6, 2014) to the home-rule school district charter commission from the date of entry of this order until June 27, 2014, or until further order of this Court." In its final order denying the request for a temporary injunction, the Court stated: "Based on the evidence presented, the Court finds & concludes that a significant number of the DAC's professional educator members were, contrary to statute, not elected, and thus the DAC was indeed, unlawfully constituted." The District Court also stated: "The Court agrees with Plaintiff that the harm involved is not merely the end product. The Home-Rule Charter process may potentially result in a wholesale restructuring of the School District and significant prejudice to the rights of Plaintiff's members. The failure to have adequate representation on the Commission, and theattendant lack of an advocate's voice,can itself be a harm. Plaintiff's potential harm can be summed up in the adage, "If you do not have a seat at the table, you are likely to be on the menu." On last Thursday, June 19, 2014, Dallas ISD Trustees unanimously appointed 15 members to the Home-Rule Charter Commission, including members chosen by the same District Advisory Committee about which the Court stated: "a significant number of the DAC's professional educator members were, contrary to statute, not elected, and thus the DAC was indeed, unlawfully constituted." The Question: "Whether Dallas ISD may appoint members to a Home Rule Charter Commission that were chosen by a District Advisory Committee that "included a "significant number of professional educator members who were not elected" and thus the District Advisory Committee (DAC) "was indeed, unlawfully constituted?" In light of the importance and time sensitivity of this matter, your assistance in requesting an expedited Attorney General Opinion would be greatly appreciated. Thank you for your assistance. Carla Ranger Second Vice President & District 6 Trustee Dallas ISD cc: David A. Anderson - General Counsel - TEA
