Keller school board may have violated open meetings act with decision to kill split
READ MORE
Keller school district kills plans for split
The Keller school district has abandoned plans to split the district, citing high costs of dividing district debt.
Expand All
This story has been updated to include a statement from a community legal group with a lawsuit related to the split.
The Keller school board has reversed course on a contentious proposal to split the district in two after backlash including, among other reactions, allegations and lawsuits related to possible violations of the Texas Open Meetings Act.
And it appears the board may have done it again on the way out, according to a First Amendment lawyer who has closely watched the proceedings.
In a message sent to district families and employees on March 14, school board President Charles Randklev and Interim Superintendent Cory Wilson said there is “no viable path forward” after outlining the district’s fiscal woes to explain why the board considered the split.
“This decision was not made lightly, and the challenges would not have been fully understood without further investigating this process,” they wrote. “Despite this decision, we remain committed to identifying financial solutions that best serve Keller ISD students, teachers, and families.”
The possible violations of the Texas Open Meetings Act revolve around the term “this decision,” according to Bill Aleshire, an Austin-based attorney with the Freedom of Information Foundation of Texas.
“They refer to ‘this decision’ twice — whose decision?” he said in an interview. “If they surveyed the board, and now they’re calling that a board decision outside an open meeting, they just violated the Open Meetings Act again.”
A district spokesperson did not immediately respond to an inquiry into how, when and by whom the decision was made.
“If they’re announcing that the board made a decision, then there’s only one legal way that could have happened,” said Aleshire, who served as Travis County tax assessor-collector for five years and Travis County Judge for 12.
Possible violations of the 1967 legislation meant to ensure transparency in government have plagued the proposal ever since it became public in early January. The Star-Telegram found the school board likely violated the Open Meetings Act when it first discussed the split behind closed doors during a December meeting.
This prompted one Keller parent to sue the school board, asking a judge to intervene in the split and prevent the board from future violations of the law.
Earlier this month, a far north Fort Worth homeowners association joined the suit, backed by the powerful Fort Worth law firm Kelly, Hart & Hallman.
In a statement sent Saturday morning, the association said it is “carefully reviewing the statement’s legal standing, its authority, and its long-term implications for the district’s future,” and urged the board to codify the decision in an official board meeting for transparency and accountability.
The school board members who attempted the split face “potential defeat on multiple fronts— whether in District Court, before the County Commissioners Court, through the Texas Attorney General’s Office, or in the Court of Public Opinion,” the statement read.
Documents received through open records requests revealed that a February meeting on the split was planned to be open to the public, but was later closed. Death threats were cited as the reason behind the decision to not livestream the meeting, but open records requests and an inquiry with the Keller Police Department did not result in documentation of the threats.
October meeting might have violated law
Late Thursday, Aleshire told the Star-Telegram that Keller school trustees likely violated the Open Meetings Act in October when they met with a consultant during a closed session to discuss the district’s budget and financial outlook.
“There is absolutely no exception in TOMA for them to discuss finances and budget shortfalls in executive session, and especially not with an outside consultant,” he said.
The discussion took place during an Oct. 10 special meeting listed as a “Team of Eight board training.”
The Team of Eight training was listed on the meeting agenda under executive session as item 8A. Other reasons given for the closed session included consulting with an attorney and a Level III grievance.
However, the minutes did not mention the training or the discussion concerning the district’s finances.
Aleshire said training also is not conducted in closed sessions.
However, trustee Joni Shaw Smith said there was no training conducted during the meeting or in the executive session. She said the board met with a representative from a nonprofit, Texans for Excellence in Education, to discuss the budget and finances.
“I want to emphasize that these discussions took place during an executive session,” Smith said.
The Keller school district joined TEE on Sept. 18, according to documents obtained by the Star-Telegram.
A district spokesperson did not respond to an email or phone call seeking comment concerning the Oct. 10 meeting.
Questions about the Oct. 10 meeting surfaced when Smith and trustee Chelsea Kelly inquired about a check for $24,000 to Texans for Excellence in Education. The trustees said they did not know that the Keller school district joined TEE, an organization that was formed because of concerns that the Texas Association of School Boards was too liberal.
This story was originally published March 14, 2025 at 4:57 PM.
