Attorney General Ken Paxton has announced a unanimous decision from the Fifteenth Court of Appeals, which reaffirms Texas Commissioner of Education Mike Morath's legal authority to assign annual A to F performance ratings to Texas public schools. This ruling is viewed as a victory for educational accountability and transparency as stated by Paxton.
Paxton asserted, “Despite state law requiring the annual issuance of A to F grades for public schools, rogue school districts have fought for years to hide their report cards. This is a major victory for accountability and transparency in Texas's educational system that will strengthen the ability of parents and students to ensure that public schools fulfill their responsibilities.”
The requirement for performance ratings to be issued in an annual report is rooted in the Texas Education Code. In 2023, unforeseen events delayed the issuance of these ratings, leading to a legal dispute where school districts argued that Commissioner Morath lacked the authority to issue the ratings post-deadline. Initially, a Travis County district court sided with the school districts, preventing the ratings' release. However, the recent appellate decision has overturned this injunction, invalidating the lawsuit due to jurisdictional issues.
Chief Justice Scott Brister's concurring opinion advises against using the judicial system to obstruct the accountability framework intended by the legislature. He wrote, “Failing schools require prompt action from state and local officials, from students and their families, and from voters. The 19-month delay occasioned by litigating these issues in court shows why the Legislature could reasonably declare that the Commissioner should be the final and ultimate arbiter of them. Every time a judicial resolution is sought, a final resolution will be delayed for a year or two.”
The full opinion of the Fifteenth Court of Appeals and Chief Justice Scott Brister’s concurring opinion are available for public reading.