Monday, November 24, 2008

Hope Andrade - Texas Secretary of State - Request for Opinion - 11.059(e) Texas Education Code

To: Hon. Hope Andrade - Texas Secretary of State

As the elected Trustee for the District Six area of Dallas ISD, I am writing to request clarification of a possible violation of the Texas Education Code - SubSection 11.059(e) relating to Dallas ISD Trustee elections.

This is to request your assistance in obtaining an official Opinion of your office and/or the Texas Attorney General to determine the application of SubSection 11.059(e) of the Texas Education Code to the adoption of a Resolution and Board policy of Dallas ISD on Thursday, November 20, 2008 relating to the change of Trustee terms from three to four years.

Texas Education Code - SubSection 11.059 (e) establishes a deadline of December 31, 2007 for making such changes in the terms of elected Trustees of Independent school districts. The Act went into effect on April 25, 2007. (Senate Bill 670)

The Question: Does the adoption of a Resolution and Board Policy by the Trustees of Dallas ISD on Thursday, November 20, 2008 that changes Trustee terms from three to four years violate the December 31, 2007 deadline of Subsection 11.059(e) of the Texas Education Code?

I was previously informed by the Legal Office of your Elections Division that the December 31, 2007 deadline must be met by all Texas independent school Districts, including Dallas ISD.

However, in light of the latest action taken by the Dallas ISD Trustees on Thursday, November 20, 2008, I am requesting further clarification by way of an official opinion.

If you are unable to assist, please let me know at your earliest convenience.

Thank you for your consideration.

Carla Ranger

cc: Ann McGeehan - Director of Elections
cc: Elizabeth Hanshaw Winn - Director of Legal
cc: Robert Scott - Texas Commissioner of Education