Gov.-elect Hinojosa promised to stop state takeovers, fire the Texas Education Agency leader. Can she?
Published in News & Features
FORT WORTH, Texas — Texas’ newly elected governor, who will take office in January, pledged to fire Texas Commissioner of Education Mike Morath and to stop existing state takeovers of school districts such as Fort Worth ISD. Political science experts say fulfilling these promises is less straightforward than it appears.
Democrat Gina Hinojosa won over Texas voters this week, defeating Republican incumbent Greg Abbott with about 53% of the vote. As a former school board member in Austin who ran on a platform prioritizing public education, Hinojosa promised to turn the tides on state appointees taking over control of school districts with low-performing schools while also kicking out Morath, who oversees state takeovers of schools.
In Tarrant County, Fort Worth ISD and Lake Worth ISD have been under state control since March and April, respectively. On Wednesday, Fort Worth community members shared their hope and excitement about Hinojosa’s win and what it will mean for returning the district back to local control of elected trustees.
In a Thursday statement from the Texas Education Agency, state officials said Morath told superintendents that he is committed “to ensuring a smooth and successful transition for the incoming education commissioner” in a previously scheduled meeting on Wednesday. Morath met with education leaders at the Region 12 Education Service Center in Waco after visiting Troy Elementary in Troy ISD.
“As planned, he was present for the entire presentation and provided introductory and closing remarks (at the superintendent meeting). As part of his remarks, he also expressed his appreciation for the educational leaders in the room and a commitment to ensuring a smooth and successful transition for the incoming education commissioner,” TEA officials said.
Morath’s current term as education commissioner ends on Jan. 10, and Hinojosa’s inauguration is Jan. 19.
Hinojosa’s campaign did not respond to questions about the logistics of firing of Morath or ending state takeovers as of Thursday afternoon.
Fort Worth and Lake Worth ISDs both shared statements saying they would continue to focus on serving students with state-appointed leadership.
“While political circumstances may change, our focus remains unchanged. We will continue to provide the highest quality education to every student in Fort Worth and keep building on the gains this community has earned,” Fort Worth ISD officials said.
Fort Worth ISD officials also underscored the progress students are making on assessments, such as the State of Texas Assessments of Academic Readiness, or STAAR exam. State officials said students in grades 3-12 showed improvement outpacing the state “with double-digit gains in some high school subjects.”
“This fall’s MAP results show students ahead of where they were a year ago in every STAAR-tested grade, including a 16-point jump in elementary students on track in math. Attendance is up, teacher pay is at its highest level in district history, and more of our strongest educators are staying in the classroom. That progress belongs to our teachers, principals, staff, students, and families,” Fort Worth ISD officials added.
Lake Worth ISD officials said they are “committed to staying the course and providing high-quality instruction for ‘Every Student. Every Classroom. Every Day.’”
“Our focus remains on what matters most: putting the students of Lake Worth ISD first and ensuring they receive the support and opportunities they need to succeed,” officials said.
“As with any decisions made at the state level, Lake Worth ISD will follow all applicable laws and directives. Should any changes affecting the district’s governance be formally communicated, we will review and respond accordingly. In the meantime, our commitment to our students, staff, and families remains unchanged,” Lake Worth ISD officials added.
Can Hinojosa fire Morath?
Because Morath’s tenure ends before Hinojosa officially becomes governor, it doesn’t appear that she can “fire” him.
Mark Jones, a political science professor at Rice University, said the education commissioner position will become vacant, and Hinojosa will appoint a new person. But the appointment must be confirmed by the Texas Senate, which still has a Republican majority.
“The norm would be that you assume office with the governor, and then you leave office with the governor,” Jones said, noting it would be a four-year term.
Hinojosa has the option to name someone in the interim but takes a gamble with getting that person confirmed by the Senate, Jones said. If she chooses that option, and the person isn’t confirmed by the end of the legislative session, then she can name someone else after the session adjourns. That new person can serve until the end of the 2029 legislative session.
Samantha Chapa, an assistant professor of political science at the University of Texas at Arlington, said it would be a better strategy to appoint a person who appeases some of the state senators so there’s consistency in who is leading state education.
“She would probably want to at least make sure that some of the senators are on board with her appointment, just to kind of smooth the process a bit,” Chapa said.
During a press conference on Thursday, Hinojosa said she is “actively interviewing” candidates for the education commissioner role, according to the Texas Tribune.
The 2027 legislative session starts on Jan. 12 and ends May 31.
Can Hinojosa stop state takeovers?
It appears Hinojosa and the education commissioner are bound by state law when addressing state takeovers already in place. State law outlines the requirements that school districts under state intervention must meet before local control can be restored.
School districts must meet exit criteria before elected trustees return to governance. Fort Worth ISD must have zero campuses with multiyear, unacceptable A-F ratings and must exceed the state and or regional average for grade-level proficiency in reading and math, among other requirements.
After two years under an appointed Board of Managers, the education commissioner can determine whether to start restoring local control. The nine elected trustees return to the school board in phases, one-third at a time.
There are different levels of state intervention with a state takeover being the most extreme, Jones said. State officials can assign monitors or conservators to districts instead of replacing elected school boards, for example.
“They have a wide range of options that they can use in terms of how to address the failures within that ISD,” Jones said. “I suspect, given Hinojosa’s position on education, we’re going to see probably fewer takeovers.”
If Hinojosa wished to change the law outlining state takeovers, a bill would have to go through both chambers first.
“She would need sufficient support in both the Texas State Senate and Texas State House in order to make these legislative changes,” Chapa said.
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