A Fort Worth homeowners association joined a lawsuit against Keller ISD Monday, alleging that board trustees broke state law to orchestrate a plan to in two.
The lawsuit, filed March 3, is an addition to a previous lawsuit brought by Keller ISD resident Matthew Mucker. Rather than filing a separate case, the Heritage Homeowners Association and two residents, Brian Black and former Fort Worth City Council member Cary Moon, are intervening, or joining, in Mucker鈥檚 suit. They argue that newly uncovered evidence further demonstrates the board鈥檚 violations of the Texas Open Meetings Act.
The suit alleges a faction of the board, referred to in the complaint as the 鈥淩ump Board,鈥� violated the Texas Open Meetings Act by conducting deliberations outside of public view. The 鈥淩ump Board鈥� consists of board President Charles Randklev and trustees Heather Washington, John Birt, Chris Coker and Micah Young.
The plaintiffs contend that the board used encrypted messaging apps, undisclosed meetings and improperly hired consultants to advance a controversial plan to redraw the district鈥檚 boundaries without community input. That proposal has since triggered Superintendent Tracy Johnson鈥檚 , opposition from , a and calls for a on the split.
At the center of the complaint is a Dec. 19, 2024, executive session, during which, the lawsuit claims, board members deliberated plans to create a second, separate school district along Denton Highway. Trustees Joni Shaw Smith and Chelsea Kelly, the lawsuit states, were excluded from prior discussions and were made aware of the plan only during that session.
The case, filed in the 348th District Court in Tarrant County by Dee J. Kelly Jr. of Fort Worth law firm Kelly Hart & Hallman, is the latest in a series of disputes that have rocked Keller ISD, a district that serves nearly 35,000 students in Fort Worth, Keller and parts of Southlake and Colleyville.
鈥淎s elected officials, Texas Open Meetings Act guidelines must be followed,鈥� said Moon, who represented north Fort Worth on council between 2015 and 2021. 鈥淲e welcome these elected officials into our living rooms, our businesses, we vote for them and we expect them to follow the guidelines set.鈥�
The Texas Open Meetings Act requires elected officials to conduct business in publicly accessible forums, with advance notice of deliberations on certain matters. The lawsuit argues that the board repeatedly circumvented these requirements, raising questions about whether any vote on the district split would be legally valid.
Randklev, alongside four colleagues who support the plan, has argued that dividing Keller ISD could improve financial stability and preserve 鈥渓ocal control.鈥� The district faces a for the 2025-26 school year.
鈥淲e must find a way to keep our tax dollars local, keep our schools open, support our excellent teachers and ensure all students receive the high-quality education they deserve,鈥� Randklev said during a Jan. 30 meeting.
Consultants helped advance split proposal, lawsuit alleges
The push to split Keller ISD began as early as 2022, when the board hired a private attorney, Tim Davis, to consult on unspecified legal matters, according to the suit. Davis serves as to the Tarrant County Republican Party and for JPS Health Network, where he was appointed by County Judge Tim O鈥橦are in 2023.
Plaintiffs allege that Davis 鈥� whose hiring was never formally approved in a public meeting 鈥� was instrumental in developing a legal strategy for the proposed division of the district.
The lawsuit then details a network of consultants who allegedly played key roles in crafting the plan.
Among them is Grant Anderson, a self-described expert in school finance and business operations, who has ties to . The nonprofit group to the Texas Association of School Boards in providing training, legal advice and policy drafting to school districts. The association, also known as TASB, in Texas.
After leaving the Texas Association of School Boards 鈥� 鈥� trustees in Carroll and Princeton ISD with Texans for Excellence in Education. Keller ISD remains a TASB member.
An alternative to is finally here! I鈥檓 calling on every Texas ISD to leave TASB and join Texans for Excellence in Education! They鈥檒l provide all the resources your school district needs without the leftist indoctrination of TASB!
— Nate Schatzline (@NateSchatzline)
Though he held no official role within the district, Anderson was invited to an Oct. 10, 2024, closed-door session with trustees, according to court documents, during which he allegedly helped Randklev build his case for dividing the district, including recommending the hiring of consulting firm Moak Casey.
The Austin-based education finance firm was officially hired by Keller ISD to conduct a five-year financial outlook. Its actual task, however, was to analyze the financial feasibility of dividing Keller ISD into two separate entities, according to court filings.
At a Jan. 30 board meeting, Moak Casey representative Josh Haney acknowledged that the firm had been directed to adjust its financial models to incorporate a potential district split. The board to analyze how the split would affect revenues, not expenditures, Haney said.
The lawsuit contends that this directive came not from a board vote, but from a faction of trustees illegally working outside of public oversight, the 鈥淩ump Board.鈥�
Plaintiffs seek a stop to Keller ISD split
The Heritage Homeowners Association, which represents 3,200 homes and more than 8,000 residents in north Fort Worth, argues that dividing Keller ISD could destabilize local tax revenue and undermine the financial structure of the , which funds infrastructure and community services for the area.
鈥淲e take pride in our community, our schools and our properties,鈥� Moon said. 鈥淏oth the HOA and PID dollars are used to beautify our community to make Heritage a great place to live, work and play.鈥�
To mount its legal challenge, the Heritage HOA created a legal task force that has from residents, business owners and local officials, including Fort Worth Mayor Mattie Parker.
鈥淎 court battle of this nature will be expensive,鈥� Moon told the Report. 鈥淭here will be discovery, report costs, attorney fees. We鈥檇 like to double the amount we鈥檝e gained so far, and we expect to get there.鈥�
The city of Fort Worth and the Tarrant County District Attorney鈥檚 Office have from Texas Attorney General Ken Paxton regarding the legality of the board鈥檚 attempt to divide the district through a simple board resolution rather than an election. Heritage homeowners are hoping to take it a step further, seeking a court order to stop Keller ISD from taking any further action on the district split.
They also ask for immediate injunctive relief, including:
- A temporary restraining order blocking any further board actions related to the district split.
- A court order invalidating contracts Keller ISD signed with consultants, including Moak Casey.
- A ruling that board members cannot claim attorney-client privilege in their communications with Tim Davis, whose hiring was allegedly conducted without proper public notice.
Keller ISD board members are next scheduled to meet March 27.
Matthew Sgroi is an education reporter for the Fort Worth Report. Contact him at matthew.sgroi@fortworthreport.org or .
Disclosure: Kelly Hart & Hallman have been financial supporters of the Fort Worth Report.
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