Texas Attorney General Ken Paxton has filed lawsuits against Denison and Castleberry independent school districts for allegedly instructing employees to vote for specific political candidates, the Office of the Attorney General (OAG) announced on Feb. 29.
The lawsuits are the latest in a string of filings against several public school districts ahead of the March 5 primary elections.
“I am extremely troubled by this pattern of government officials engaged in illegal electioneering,” Mr. Paxton said in a statement. “These are government employees charged with the education of our children. They must respect our laws. I will continue to use every legal remedy available to stop this unlawful conduct. Elections are the foundation of our republic. They must be free and fair.”
Texas Election Code prohibits publicly funded schools and district personnel from using official resources for political advertising or promoting policies and candidates.
However, the OAG cannot criminally prosecute Election Code violations following the Court of Criminal Appeals’ 2021 decision in Texas v. Stephens.
School Choice Battle
Last week, Mr. Paxton filed a lawsuit, accusing two Denton Independent School District (ISD) principals of sending emails to staff encouraging them to vote against political candidates who support education savings accounts. Denton ISD serves nearly 33,000 students across 43 campuses.
“It is absolutely improper for publicly funded entities like school districts to engage in electioneering as Denton ISD has done,” Mr. Paxton said in a statement on Feb. 22.
The Epoch Times reached out to Denton ISD about the accusations but received no response by press time.
School choice via education savings accounts was one of Texas Gov. Greg Abbott’s top priorities last year, but the measure was repeatedly blocked by House members representing mostly rural districts.
Mr. Abbott has spent the past couple of months throwing his support behind candidates who support school choice.
Some public school district officials argue that vouchers will take away necessary funding for teacher pay and student programs.
On Feb. 28, the OAG also filed a lawsuit against Frisco ISD when its governmental affairs office asked its social media followers to vote against candidates who support education savings accounts and encouraged them to vote “in a particular party primary,” according to the court documents.
Frisco ISD has 75 schools, serving more than 65,000 students.
The district did not respond by press time to The Epoch Times’ request for comment. It told The Dallas Morning News that it does not comment on pending litigation.
One day after the filing, the court ordered the district to “immediately cease the activities that triggered the state’s lawsuit after public employees were discovered misusing state resources to influence the ongoing primary elections,” according to a Feb. 29 statement.
The lawsuit against Denison ISD accuses the district of using its website to share its stance against education savings accounts, also known as vouchers, while promoting a candidate who opposes such legislation.
“Texas legislators and school leaders continue to oppose vouchers,” the webpage headline reads, according to court documents.
The small school district lies just south of the Texas–Oklahoma border, with nine schools serving about 4,700 students.
“Our Grayson County Texas House of Representatives member Reggie Smith stood firm in his support of Texas public schools in each of the recent special sessions. For that, we say ’thank you!'” the webpage reads.
It provided links to the Denison ISD Teacher Pay Resolution and Voucher Resolution, affirming the board of trustees’ opposition to school vouchers.
“The Board of Trustees of the Denison Independent School District will continue to publicly oppose voucher programs by any name, including ’taxpayer education savings accounts,' that threaten to reduce public school funding and necessary support of our local public schools,” the resolution reads in part.
The district did not respond by press time to The Epoch Times’ request for comment.
Castleberry ISD Superintendent Renee Smith-Faulkner allegedly forwarded an email to the district’s “Administration Leadership Team Distribution List,” advising them to “vote accordingly,” the lawsuit states.
The subject of the forwarded email was “Elections.” It was originally sent to the superintendent by Linda Jo Galvin, president of the Castleberry Retirees Association, on Feb. 18.
“This Tuesday, early voting in the primary elections begin,” the email reads. “We have 13 days left to save education in Texas. Early voting is over March 1st. Election day is March 5.
“First of all, remember to vote for Pat Hardy for the State Board of Education. She has done a stellar job. She is against vouchers. She has a challenger who likes vouchers, Brandon [Hall]. We need to make sure she is reelected, and Brandon is sent away.”
Ms. Hardy, a former educator who taught for 30 years at Castleberry High School in Tarrant County, is seeking a seventh term on the State Board of Education. The district has seven campuses and serves about 3,700 students.
According to the court documents, the email also provided a list labeled “brave legislators who stuck their necks out to vote for us.”
Hours after the lawsuit was filed, Mr. Paxton announced that Castleberry ISD had “agreed that the superintendent and all employees would not use any funds or resources, including emails, to engage in illegal electioneering.”
The Epoch Times has reached out to Castleberry ISD for comment.
The Texas primary election day is March 5. Early voting ended on March 1.
