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The Legislature writes the laws. The Texas Education Agency writes the rules that implement them. Changing state law requires the Legislature to pass a new law. But the commissioner can change TEA rules at any time, and those rules are not always consistent with legislative intent. 

 

The commissioner is appointed by the governor. Over the last decade, the governor and the Republican- controlled State Legislature have greatly expanded TEA Commissioner Mike Morath’s authority.

This election matters for Texas schoolchildren more than ever before. Make a plan to vote. Blockwalk with us this Saturday at 9:30 a.m. And join the People’s Filibuster at the HISD Board of Managers meeting Thursday. Come late if you need to. You don’t even have to write a speech. RSVP here. 

What the law says about the takeover 

The takeover law is in Texas Education Code Chapter 39, Sec. 39A.202-39A.208. These provisions cannot be changed by the commissioner. 

  • The law sets the conditions that trigger a takeover. 

  • The law states a takeover can be extended only once, for up to two years. HISD’s extension expires June 1, 2027. 

  • Once the takeover expires, the law states elected trustees shall be onboarded one-third at a time, one year apart. 

  • The law states the commissioner can replace members of the Board of Managers at any time. Morath replaced four members in June 2025, after they voted against the 2024 budget and were preparing to oppose the superintendent’s contract extension. 

What the commissioner can change 

Takeover rules are in 19 TAC Chapter 97, and the commissioner writes and can change these rules. 

  • The TEA commissioner can change the exit criteria at any time.

  • He/she has broad case-by-case discretion in applying those criteria. Fort Worth ISD and HISD have different exit criteria developed by Morath.

  • He/she can end a takeover at any time and begin onboarding elected trustees immediately. 

  • The rules say elected trustees are selected by lot. Yet the commissioner did not follow that rule when reinstating Marlin ISD’s elected trustees. 

That is why this election matters. 

If Gina Hinojosa wins the governor’s race, a new commissioner could end state takeovers, reinstate elected trustees and replace remaining managers, with elected trustees then returning one-third at a time. 

Texas schoolchildren deserve better.

  • Can you make sure your family and friends are registered to vote? 

  • Can you blockwalk with us Saturday at 9:30 a.m. in Fifth Ward? 

  • Can you join us Thursday at the HISD Board of Managers meeting and read from the Commission on the Takeover Report? Come anytime from 5 p.m. until late. RSVP on our website and we’ll send step-by-step instructions for registering to speak when registration opens Sunday. 

Catch up with your reading.

 

Ruth Kravetz

About

teacher, parent, progressive, committed to public education equity and adequacy