A fight over public pre-K in North Texas could have implications for school districts and childcare centers across the state. But a Tarrant County judge decided Tuesday that his courtroom wasn't the place to settle it.
Judge Donald Cosby of the 67th District Court dismissed the lawsuit brought by the Texas Licensed Child Care Association (TLCCA) against Northwest ISD.
The childcare industry group argued the district should have done more to partner with existing childcare centers before building pre-K centers of its own.
For now, the ruling means Northwest ISD can keep moving forward with plans to build three more pre-K facilities.
“Obviously, we're disappointed,” TLCCA president Tim Kaminski said after the hearing. “We were wanting to have the opportunity to explain the breadth of the story behind it.”
But Kaminski says the fight isn't over.
He plans to meet with Texas Education Commissioner Mike Morath and ask the state for more clarity about what school districts are supposed to do before adding their own pre-K classrooms.
The association is also considering an appeal.
Andrew Alvarado, an attorney representing TLCCA and Horizon Kidz, said the judge wanted more guidance from the Texas Education Agency about what state law requires.
“One of the next steps would be pursuing an appeal through the TEA and getting some clarification and guidance to school districts from the agency,” Alvarado said. “But we're also going to consider other legal avenues to go to the Court of Appeals.”
And timing matters.
Alvarado said the judge indicated an appeals court could potentially make a decision within 60 days. That could give the providers time to return to his courtroom before Northwest ISD begins construction on their second pre-K center planned for next spring.
Attorneys representing Northwest ISD declined to comment after Tuesday's hearing.
Providers say this is bigger than one school district
Several childcare providers showed up at Tuesday's hearing expecting to testify.
Heather Dehoyos-Williams, owner of Horizon Kidz in Roanoke, said she was upset that she never got the chance.
Williams is a co-plaintiff in the case. She said her pre-K enrollment has been declining for about three years as Northwest ISD has expanded its own program.
“I thought he [the judge] at least could have heard our side,” Williams said.
Hemant Patel was also prepared to testify. He owns three childcare centers in Carrollton, Flower Mound and the Keller area.
Patel said Lewisville ISD once selected one of his centers for a partnership, but those plans were later dropped. However, he is still open to working with school districts.
He said partnerships can work for both sides: districts can offer more pre-K seats without necessarily building more classrooms, and childcare centers don't lose as many four-year-olds and the tuition and funding that come with them.
Why Texas is pushing partnerships
The idea of public-private pre-K partnerships isn't new in Texas, but in the last legislative session, lawmakers have been putting more emphasis on them.
Under the new 2025 requirements, districts planning certain pre-K expansions must first solicit and consider proposals from qualified childcare providers.
The state has also designated intermediaries to review those proposals and determine whether districts can move forward. Childcare providers say those requirements could help protect an industry already struggling with rising costs and declining enrollment.
For Williams, the fight is about more than enrollment numbers. Her father owned Horizon Kids before she did. Now she's watching her pre-K business get smaller.
“This is my passion,” Williams said. “And this is my legacy.”
Sujata Dand is KERA’s early childhood education reporter. Got a tip? Email her at sdand@kera.org.
KERA News is made possible through the generosity of our members. If you find this reporting valuable, consider making a tax-deductible gift today. Thank you.
