Fort Worth ISD, other Texas school districts succeed in pausing TEA accountability ratings

Fort Worth ISD and more than 100 other Texas school districts have won an initial victory in the legal fight against the release of A-F accountability ratings for the 2022-23 school year, for which new criteria were being applied after standardized tests were taken.

A temporary injunction pausing the release of these scores was granted by District Judge Catherine Mauzy on Thursday afternoon, about two months after a lawsuit was filed on Aug. 23 in Travis County against Texas Education Commissioner Mike Morath. The Fort Worth ISD school board voted to join the suit on Sept. 19, following other North Texas districts such as Dallas ISD, Prosper ISD and Red Oak ISD. Crowley ISD was among the original seven districts that filed the suit.

The ruling states that the release of the ratings “would cause irreparable harm to plaintiffs, intervenors, and all Texas school districts.”

“The Court is of the opinion that the plaintiffs and intervenors have met their burden to show their probable right of recovery on their claims against Commissioner Morath, in his official capacity, because (his) conduct and/or threatened conduct is without legal authority…,” according to the ruling

Additionally, the injunction notes that Morath is still able to use data from the previous school year to apply and obtain federal funds for low-performing campuses and is also able to issue “not rated” performance ratings.

A trial has been scheduled for Feb. 12 in Travis County.

Today's top stories:

→ UAW reaches deal with Ford, but GM Arlington strike goes on

→ Will Dallas-Fort Worth see freezing temps this weekend?

→ Fired Tri-County Electric CEO sues board; CFO alleges he paid himself $50K

🚨Get free alerts when news breaks.

The Texas Education Agency had planned to release the ratings sometime in November.

The A-F grades issued to schools and districts are based on three categories: student achievement, school progress and closing the gaps. There are multiple indicators within these categories, but the focus has been on the potential changes in how student growth is calculated on the State of Texas Assessments of Academic Readiness test, known as STAAR, which weighs heavily on accountability ratings.

The TEA announced on Sept. 12 that it would delay the release of the ratings for “further re-examination of the baseline data used in the calculation of (school) progress to ensure ratings reflect the most appropriate goals for students.”

David Campbell, an attorney representing the school districts, said during a press conference Friday morning with superintendents and school officials that they are pleased with the ruling but not surprised by it.

“We hope that this will leave the commissioner to rethink his plans and to look at the accountability system. We hope that there can be a future dialogue with the commissioner about the accountability system and making it fair, transparent and make sure that it complies with Texas state law,” Campbell said.

A TEA spokesperson told the Star-Telegram that the agency is appealing the decision immediately.

In a statement, TEA officials said there have been “many constructive conversations about the methodology with districts and among legislators,” and although about 10% of Texas districts disagreed with these methods in the suit, “the complete absence of public performance information means that 100% of our school systems cannot take actions based on these ratings, stunting the academic growth of millions of Texas kids.”

“This ruling completely disregards the laws of this state and for the foreseeable future, prevents any A-F performance information from being issued to help millions of parents and educators improve the lives of our students. The A-F system has been a positive force in Texas public education, supporting improved outcomes for students across the state, especially those most vulnerable,” TEA officials said.

The Star-Telegram has reached out to Fort Worth ISD for comment.

The superintendent of Kingsville ISD, which initiated the suit, said she appreciated all the districts who joined considering it was “a terrifying step to take.”

“I also understand that not every district is in a position where they could join in,” Superintendent Cissy Reynolds-Perez said. “We do believe in accountability, but we also believe that the system who is holding us accountable should be held accountable as well.”

The Texas state director for The Education Trust, an organization that advocates for policies that dismantle racial and economic barriers in U.S. education, said in a statement that although there is room for disagreement about how the accountability system is implemented, the ruling takes away one of the only tools that identifies school performance, which impacts programs designed to lift up underserved students.

“Just over half of all Texas students are reading on grade level, 43% are on grade level in math, and the disparities facing students of color and students from low-income backgrounds have only grown wider since the pandemic,” director Jonathan Feinstein said. “This compels every Texan to ponder a crucial question: Whose outcomes are we concealing from the public eye?”