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State Judge Sides with 2 Teacher Groups
Over Commissioner’s “Partnership” Rules
A state district judge in Austin issued a final summary judgment siding with two teacher groups over an issue arising from 2017’s SB1882 that allows ISDs to enter into “partnerships” with charters or other approved nonprofit entities to take over the management of a struggling campus to avoid sanctions by the TEA. No. D-1-GN-18-005044 by Travis County District Judge Jan Soifer. Issued June. 10.

The judge’s decision effectively agrees with the Texas State Teachers Association and the Texas AFT (see the Texas AFT's pleading to the court) that the SB1882 implementation rules adopted by the education commissioner should not have required that it’s only when the intended ISD campus takeover partner is specifically a Texas authorized open-enrollment charter district that triggers SB1882’s requirement for staff at the affected campus to be given the opportunity to provide input about the partnership contract beforehand, and that their current employment rights and contracts must be protected. (The TEA maintains SB1882 info here)

The teacher groups argued that SB1882’s intent and actual wording made the requirements for staff at the affected campuses to have the right to provide input into the proposed contract and to have their employment rights respected regardless of whether or not the partner is a Texas open-enrollment charter.

The judge’s decision specifically nullifies the parts of TEA rules that made the campus employee rights provisions applicable only when the partner is a Texas open-enrollment charter.

The decision specifies that the ruling can be appealed.

Prior Litigation
The dispute is rooted in prior litigation arising over an agreement between San Antonio ISD and the New York-based Democracy Prep charter chain to take over a struggling SAISD elementary. Because Democracy Prep was not a Texas open-enrollment charter, the district didn't invoke the SB1882 protections for the staff of the campus being taken over.

Efforts by the TSTA/Texas AFT jointly affiliated association representing SAISD teachers and support personnel failed in their legal attempts to block the takeover of the elementary.

A San Antonio appeals court in that prior decision — which was left undisturbed by the Texas Supreme Court — ruled that the “plain language” of SB1882 made the campus employee rights protections applicable only when the takeover partner is a Texas open-enrollment charter.