Keller ISD鈥檚 election system does not discriminate against Hispanic voters, a federal judge ruled as he dismissed last week.
In a Jan. 15 decision, U.S. District Judge Reed O鈥機onnor tossed the case and ordered the plaintiff鈥檚 legal team 鈥� the across North Texas 鈥� to explain why they shouldn鈥檛 be sanctioned for filing what he called a 鈥渂aseless petition.鈥�
Keller parent Claudio Vallejo sued the district last year arguing that its at-large voting system unlawfully dilutes Hispanic voter strength and prevents residents of color from electing candidates of their choice. Hispanic students make up nearly 25% of the district鈥檚 enrollment.
Vallejo鈥檚 attorneys from the Brewer Storefront, the nonprofit legal affiliate of Brewer, Attorneys & Counselors, sought to replace the district鈥檚 system where all voters select each trustee. The lawsuit sought a cumulative voting system, a method allowed under state law that gives voters multiple votes to distribute among candidates.
鈥淲e proposed cumulative voting as a lawful way to broaden participation and give community members a stronger voice in the political process,鈥� said William A. Brewer III, a partner at Brewer Storefront. 鈥淭he Voting Rights Act has served that goal for decades. It can continue to do so.鈥�
O鈥機onnor rejected that proposal, pointing to longstanding precedent that requires plaintiffs to show that communities of color are large and geographically concentrated enough to form a majority in a single-member district, a requirement Vallejo admitted he could not meet.
鈥淗is theory advocates exactly what the Supreme Court has decried as unlawful 鈥� the prohibited goal of mandating proportional representation,鈥� O鈥機onnor wrote.
The judge dismissed Vallejo鈥檚 constitutional claims under the 14th and 15th amendments, which alleged racial discrimination in how the district maintains its election system. O鈥機onnor found no evidence of discriminatory intent or disparate impact.
He went further, calling the plaintiffs鈥� cumulative voting formula 鈥� which would allow a group with 12.5% of the voting-age population to elect a trustee 鈥� a 鈥渜uintessentially race-conscious calculus鈥� and 鈥渦nlawful in context.鈥�
O鈥機onnor granted Keller ISD鈥檚 request for attorney鈥檚 fees and gave the Brewer Storefront鈥檚 legal team until Feb. 5 to justify why they shouldn鈥檛 face additional court sanctions.
鈥淲e respect Judge O鈥機onnor and the court; however, we strongly disagree with the decision,鈥� Brewer said. 鈥淜eller ISD serves a diverse community, yet its all-white school board oversees outcomes that disproportionately disadvantage students of color.鈥�
Vallejo plans to appeal, Brewer said, 鈥渋n pursuit of an outcome that is beneficial to the district, its students and its schools.鈥�
The Brewer Storefront has previously challenged school board election systems in several North Texas districts 鈥� including , Lewisville, Richardson and Eagle Mountain-Saginaw 鈥� arguing they dilute minority voting power. In Grand Prairie, the firm helped secure a 2014 settlement that shifted the district to a hybrid model with five single-member districts. Most recently, it , which is transitioning to a similar structure.
In Carrollton-Farmers Branch ISD, that led to the adoption of cumulative voting. The board .
If O鈥機onnor proceeds with sanctions, those penalties could range from fines to formal reprimands.
Keller ISD鈥檚 attorneys maintain the lawsuit lacks a legal foundation and should be dismissed, according to court filings.
鈥淜eller ISD was notified last week that the lawsuit filed against the district regarding our at-large election system was dismissed by the court,鈥� district spokesperson Bryce Nieman said. 鈥淥ur focus remains on serving all students within our community and ensuring that we continue to provide them with exceptional educational opportunities.鈥�
The Keller case was first filed in February amid broader tensions within the district.
Last year, 鈥� 鈥� a controversial plan to split Keller ISD in two. That move , , the superintendent鈥檚 resignation and . It was cited in Vallejo鈥檚 original complaint as evidence of systemic disenfranchisement of Hispanic families west of Denton Highway.
Matthew Sgroi is an education reporter for the Fort Worth Report. Contact him at matthew.sgroi@fortworthreport.org or .
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