Retired Teachers Sue To Teach A Lesson In Open Government To Carrollton-Farmers Branch ISD Trustees

Nov. 19, 2009 - PRLog -- Ms. Shirley Demus Tarpley and Ms. Rachel Rhodes Lewis, two retired
schoolteachers from the Carrollton-Farmers Branch Independent School District (C-FB ISD) filed a  Petition for Declaratory Judgment in the 298 District Judicial Court of Dallas County (case# 09-15617) to prevent the diverting of school district funds from the education of students to the coffers of trial lawyers. In 1969, Ms. Tarpley was the firstAfrican-American to hold a high school teaching job at R.L. Turner in Carrollton. She is also a former Carrollton City Council member and first African-American Mayor Pro Tem. Ms. Lewis, a resident of Carrollton since 1971, taught in C-FB ISD for 11 years and then retired as a reading specialist.

The two retired educators are seeking to intervene in the protracted legal battle between the school district and Richard Fleming. Mr. Fleming was elected on May 9, 2009. Mr. Fleming, an African- American, is the first minority to be elected to the Board of Trustees in a district where two-thirds of the students are minorities. On June 4, the Board of Trustees declared Mr. Fleming ineligible, claiming Mr. Fleming was not a resident of the district. In September, a state district judge, in the 95th Judicial District Court, ordered the school district to seat Mr. Fleming, noting that he paid taxes to the district and sent childrenin his care to its schools for years. The district appealed the ruling to the 5th Appeals Court of Texas. Because of the legal action and related costs in the Fleming case, the district has expended over $360,000, at a time when C-FB ISD is facing an 11 million dollar deficit for the current year. The district has already made several budget cuts including, cuts in Pre-Kindergarten and kindergarten programs, reducing teacher paid leave days, and increasing some class sizes.

The Petition for Declaratory Judgment alleges that the Board of Trustees of C-FB ISD knowingly violated the Texas Open Meetings Act at the September 10th regular meeting. The Texas Open Meetings Act honors the principle that government at all levels in this state should operate in a way that is open and accessible to the people. Ms. Tarpley and Ms. Lewis seek judicial nullification of a motion made at that meeting. The Board of Trustees now claim the motion was authorization to the C-FB ISD’s attorneys to file an appeal of the ruling in the 95th Judicial District court ordering the school district to seat Mr. Fleming.

According to the Petition for Declaratory Judgment, the Board of Trustee’s action violated the Texas Open Meeting Act when passing the September 10th motion. The Texas Open Meetings Act honors the principle that government at all levels in this state should operate in a way that is open and accessible to the people. The motion was passed eleven days prior to the final judgment in the district court. The agenda of the meeting did not indicate that the board was to take action on instructing counsel to file an appeal. The actual motion was so vague and ambiguous that the press did not report the motion as an authorization to seek an appeal. Karin Webb, a board member trustee, opposed to the appeal voted for the motion, believing the motion applied to ongoing action in the District Judicial court and not to an appeal.

As former teachers in the C-FB ISD, Ms. Tarpley and Ms. Lewis are proud of the district, their colleagues its teachers and its students. Both women are proud of their commitment to improving the education of students within the district. After retiring, Ms Lewis continued to serve the district. The Superintendent of Schools called Ms. Lewis back to work at an elementary school that was under performing on the reading TAKS. She taught reading strategies to students, parents, and teachers. After working with the school for two years, all students passed the TAKS Test.

Recently, the two retired educators have become increasingly concerned that the focus of the leadership of the school district is not solely on education. Two weeks ago, TEA Commissioner Robert Scott denied the school district’s request to adjust the district's accountability rating from Academically Acceptable to Recognized.

The Open Meetings Act provides civil remedies and criminal penalties for violations of its
provisions. District courts have original jurisdiction over criminal violations of the Act as
misdemeanors involving official misconduct. Criminal violations are investigated and prosecuted by the Dallas County District Attorney.