Frisco ISD has settled a lawsuit with Attorney General Ken Paxton over alleged electioneering on social media against school vouchers — but legal experts say it doesn't answer a key question about what school districts are allowed to say about political issues.
A Collin County district court judge signed off on the deal Tuesday, making Frisco the seventh and final district to settle a lawsuit on the issue. The district's board of trustees approved the settlement last week.
It’s a good outcome for both parties, Frisco ISD outside counsel Lucas Henry told KERA News.
“I think it's a good result for the taxpayers, who don't have to see two government entities pursuing a lawsuit beyond what is necessary when an agreement can be reached,” he said.
But the lawsuits raised concerns that Paxton was overreaching in his interpretation of what constitutes illegal electioneering by schools, and the settlement now means the courts will not clarify that law, according to legal experts.
"We can probably add this to the list of the many questions out there in the legal world that we would love to have a court of appeals give an opinion about just because it would be interesting to read and it would inform the behavior of school districts and other government entities moving forward," Henry said. "But that's not the role of our court system."
Paxton’s office sued Frisco ISD and six other districts ahead of this year's primaries for behavior his office saw as illegal electioneering — or using public funds for political advocacy — against candidates who supported Gov. Greg Abbott’s failed school voucher push in last year’s legislative session.
A permanent injunction hearing in Frisco’s lawsuit was scheduled for the end of this month, but Tuesday's temporary injunction agreement between the state and Frisco ISD means that won't happen. The agreement will last through Jan. 21, and if Paxton's office is satisfied with the district’s behavior until then, the lawsuit will be dismissed.
The district’s government affairs committee will have to submit social media posts about elections or legislative issues to the district’s chief finance and strategy officer for final review, which Henry said is an extra step in Frisco ISD’s review of social media content. This agreement also dismisses Frisco ISD’s appeal of the judge’s initial temporary injunction that was transferred to the state’s new 15th Court of Appeals.
Frisco ISD made posts on its Government Affairs Facebook page during early voting season that highlighted what the district called a $90 million funding shortfall caused by inaction from Texas lawmakers dating back to 2019.
It came after a major education bill failed in last year’s legislative session that would have increased public school funding but also establish a voucher-like education savings account program — something Gov. Greg Abbott pushed for all year and which public school workers have spoken out against.
The posts pointed out that redistricting has largely solidified which state senate and house seats will be held by Democrats or Republicans, making the primary election winner the likely winner in the general election.
“That means candidates we’re voting for right now will decide whether or not public schools get funded appropriately,” a Feb. 20 post read. “Make your voice heard!”
The posts also mentioned Texas has open primaries, so voters might choose to vote in the primary of the party most likely to win despite who they usually align with. According to Paxton’s office, the district implied voters should cast their ballots against candidates who explicitly supported Abbott’s school voucher plan, which have largely been Republicans.
Six other districts reached settlements with the state throughout the year, either to avoid costly litigation or because they say there was no intent to violate the law — some without admitting wrongdoing.
Two Denton ISD administrators were indicted on electioneering charges related to the accusations in one of Paxton’s lawsuits, but the two sides reached an agreement allowing for pre-trial diversion.
Frisco ISD removed any contentious language from the Facebook posts and removed some posts altogether but continued fighting a permanent injunction that would further restrict the district's speech.
Even with the agreed injunction, district officials maintain the posts did not mention a specific measure, party or candidate and therefore did not violate the Texas Election and Education codes.
Some attorneys called for clarity on what school districts are allowed to say when educating voters about political issues affecting the public school system. The Texas Association of School Boards Legal Assistance Fund wrote in an appellate amicus brief that school vouchers are an issue, not a measure, thus electioneering laws didn't apply.
Those lingering questions won’t be answered by this case, Henry said. Any clarification about what constitutes electioneering will have to be taken up by lawmakers in next year’s legislative session.
“I'm sure there are a lot of parties that were interested to see the outcome of the appeal,” Henry said. “That's just not how the system works.”
Got a tip? Email Toluwani Osibamowo at tosibamowo@kera.org. You can follow Toluwani on X @tosibamowo.
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