The city of Fort Worth formally urged Texas Attorney General Ken Paxton to clarify the legal requirements for detaching a new school district from an existing one, emphasizing that an election must be held regardless of how the process is initiated.
In a letter sent Feb. 27, Fort Worth City Attorney Leann Guzman argues that state law necessitates voter approval before a new district can be formed.
The issue arises as Keller ISD considers forming a new school district by detaching a portion of its existing territory. Some, , have suggested that a board resolution alone may be sufficient to create the new district, bypassing the need for an election.
Phil Sorrells and the Tarrant County District Attorney鈥檚 Office sought an official opinion from the attorney general on the matter Feb. 13, prompting Fort Worth to submit its own interpretation.
Fort Worth鈥檚 letter contends that the Texas Education Code explicitly mandates an election when a new district is formed through detachment,
The letter states that detachment can be 鈥渋nitiated by鈥� a resolution or petition but does not distinguish between the two in terms of procedural requirements.
鈥溾�業nitiated by,鈥� in plain language, means 鈥榮tarted by,鈥欌�� Guzman wrote. 鈥淭hus, a plain reading of the language of 13.103 allows that the process of creating a new school district by detachment may be started in one of two ways: a petition or a resolution. But if a resolution alone were sufficient to create the new district 鈥� whereas a petition may only start the process 鈥� then the words 鈥榠nitiated by鈥� would mean two completely different things within the space of a single sentence.鈥�
The letter references historical legislative revisions to the Texas Education Code, noting that before 1995, detachment was only permitted through a petition process.
While the law was later amended to allow initiation by resolution, Fort Worth argues that this change did not remove the election requirement. Furthermore, Guzman points out that no other provisions in the education code allow school districts to unilaterally alter their boundaries without voter input.
鈥淭he better interpretation, and the one that ensures parents have a direct voice in such an important decision affecting their children鈥檚 education, is the one that recognizes that an election is required,鈥� the letter states.
If the attorney general rules in favor of Fort Worth鈥檚 interpretation, Keller ISD and any future districts seeking detachment would need to hold elections before proceeding.
If the ruling favors the view that a resolution alone is sufficient, Keller ISD
In a , Fort Worth City Council member Alan Blaylock voiced support for ensuring that voters have the final say in any potential split. Fort Worth City Council districts include portions of Keller ISD.
鈥淚, along with Councilmembers (Charles) Lauersdorf and (Macy) Hill, stand with our constituents in their deep concerns regarding Keller ISD,鈥� Blaylock said in the post. 鈥淲e remain committed to advocating on their behalf to ensure the best possible outcome for our residents. We firmly believe that if a split were to occur, the public has the right to vote on the matter and the law supports this interpretation.鈥�
Lauersdorf also emphasized that the issue should not be about exploiting legal loopholes but about following the intent of the law.
鈥淲e support the issue of law that says this should be put to a vote,鈥� Lauersdorf said. 鈥淣o district should be able to move forward with a split without taking it to a vote.鈥�
He acknowledged the political complexities surrounding the attorney general鈥檚 decision, noting that Paxton is not required to issue an opinion.
鈥淲ith as big of a deal as this is and how this could impact school districts statewide 鈥� between that and all the talk of vouchers and everything else 鈥� I don鈥檛 know if he would pick it up because of everything else going on,鈥� Lauersdorf said. 鈥淭his could easily become all about politics and not about the people.鈥�
Officials, such as Mayor Mattie Parker, Tarrant County Commissioners Alisa Simmons and Manny Ramirez and state representatives David Lowe and Nate Schatzline have all voiced their support for requiring a public vote on any potential Keller ISD split.
Matthew Sgroi is an education reporter for the Fort Worth Report. Contact him at matthew.sgroi@fortworthreport.org or .
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