A Fort Worth homeowners association joined a lawsuit against Keller ISD Monday, alleging that board trustees broke state law to orchestrate a plan to split the district in two.
The lawsuit, filed March 3, is an addition to a previous lawsuit brought by Keller ISD resident Matthew Mucker. Rather than filing a separate case, the Heritage Homeowners Association and two residents, Brian Black and former Fort Worth City Council member Cary Moon, are intervening, or joining, in Mucker’s suit. They argue that newly uncovered evidence further demonstrates the board’s violations of the Texas Open Meetings Act.
The suit alleges a faction of the board, referred to in the complaint as the “Rump Board,” violated the Texas Open Meetings Act by conducting deliberations outside of public view. The “Rump Board” consists of board President Charles Randklev and trustees Heather Washington, John Birt, Chris Coker and Micah Young.
The plaintiffs contend that the board used encrypted messaging apps, undisclosed meetings and improperly hired consultants to advance a controversial plan to redraw the district’s boundaries without community input. That proposal has since triggered Superintendent Tracy Johnson’s resignation, opposition from Fort Worth’s top elected officials, a student walkout and calls for a public vote on the split.
At the center of the complaint is a Dec. 19, 2024, executive session, during which, the lawsuit claims, board members deliberated plans to create a second, separate school district along Denton Highway. Trustees Joni Shaw Smith and Chelsea Kelly, the lawsuit states, were excluded from prior discussions and were made aware of the plan only during that session.
The case, filed in the 348th District Court in Tarrant County by Dee J. Kelly Jr. of Fort Worth law firm Kelly Hart & Hallman, is the latest in a series of disputes that have rocked Keller ISD, a district that serves nearly 35,000 students in Fort Worth, Keller and parts of Southlake and Colleyville.
“As elected officials, Texas Open Meetings Act guidelines must be followed,” said Moon, who represented north Fort Worth on council between 2015 and 2021. “We welcome these elected officials into our living rooms, our businesses, we vote for them and we expect them to follow the guidelines set.”
The Texas Open Meetings Act requires elected officials to conduct business in publicly accessible forums, with advance notice of deliberations on certain matters. The lawsuit argues that the board repeatedly circumvented these requirements, raising questions about whether any vote on the district split would be legally valid.
Randklev, alongside four colleagues who support the plan, has argued that dividing Keller ISD could improve financial stability and preserve “local control.” The district faces a potential $12.4 million deficit for the 2025-26 school year.
“We must find a way to keep our tax dollars local, keep our schools open, support our excellent teachers and ensure all students receive the high-quality education they deserve,” Randklev said during a Jan. 30 meeting.
Consultants helped advance split proposal, lawsuit alleges
The push to split Keller ISD began as early as 2022, when the board hired a private attorney, Tim Davis, to consult on unspecified legal matters, according to the suit. Davis serves as general counsel to the Tarrant County Republican Party and on the board of managers for JPS Health Network, where he was appointed by County Judge Tim O’Hare in 2023.
Plaintiffs allege that Davis — whose hiring was never formally approved in a public meeting — was instrumental in developing a legal strategy for the proposed division of the district.
The lawsuit then details a network of consultants who allegedly played key roles in crafting the plan.
Among them is Grant Anderson, a self-described expert in school finance and business operations, who has ties to Texans for Excellence in Education. The nonprofit group presents itself as an alternative to the Texas Association of School Boards in providing training, legal advice and policy drafting to school districts. The association, also known as TASB, formerly represented all school districts in Texas.
After leaving the Texas Association of School Boards — which Republicans have criticized for “leftist indoctrination” — trustees in Carroll and Princeton ISD have since partnered with Texans for Excellence in Education. Keller ISD remains a TASB member.
An alternative to @tasbnews is finally here! I’m calling on every Texas ISD to leave TASB and join Texans for Excellence in Education! They’ll provide all the resources your school district needs without the leftist indoctrination of TASB! #leavetasb https://t.co/CNvtQ652Ea
— Nate Schatzline (@NateSchatzline) June 1, 2023
Though he held no official role within the district, Anderson was invited to an Oct. 10, 2024, closed-door session with trustees, according to court documents, during which he allegedly helped Randklev build his case for dividing the district, including recommending the hiring of consulting firm Moak Casey.
The Austin-based education finance firm was officially hired by Keller ISD to conduct a five-year financial outlook. Its actual task, however, was to analyze the financial feasibility of dividing Keller ISD into two separate entities, according to court filings.
At a Jan. 30 board meeting, Moak Casey representative Josh Haney acknowledged that the firm had been directed to adjust its financial models to incorporate a potential district split. The board hired the firm only to analyze how the split would affect revenues, not expenditures, Haney said.
The lawsuit contends that this directive came not from a board vote, but from a faction of trustees illegally working outside of public oversight, the “Rump Board.”
Plaintiffs seek a stop to Keller ISD split
The Heritage Homeowners Association, which represents 3,200 homes and more than 8,000 residents in north Fort Worth, argues that dividing Keller ISD could destabilize local tax revenue and undermine the financial structure of the Heritage public improvement district, which funds infrastructure and community services for the area.
“We take pride in our community, our schools and our properties,” Moon said. “Both the HOA and PID dollars are used to beautify our community to make Heritage a great place to live, work and play.”
To mount its legal challenge, the Heritage HOA created a legal task force that has raised more than $65,000 from residents, business owners and local officials, including Fort Worth Mayor Mattie Parker.
“A court battle of this nature will be expensive,” Moon told the Report. “There will be discovery, report costs, attorney fees. We’d like to double the amount we’ve gained so far, and we expect to get there.”
The city of Fort Worth and the Tarrant County District Attorney’s Office have requested a formal opinion from Texas Attorney General Ken Paxton regarding the legality of the board’s attempt to divide the district through a simple board resolution rather than an election. Heritage homeowners are hoping to take it a step further, seeking a court order to stop Keller ISD from taking any further action on the district split.
They also ask for immediate injunctive relief, including:
- A temporary restraining order blocking any further board actions related to the district split.
- A court order invalidating contracts Keller ISD signed with consultants, including Moak Casey.
- A ruling that board members cannot claim attorney-client privilege in their communications with Tim Davis, whose hiring was allegedly conducted without proper public notice.
Keller ISD board members are next scheduled to meet March 27.
Matthew Sgroi is an education reporter for the Fort Worth Report. Contact him at matthew.sgroi@fortworthreport.org or @matthewsgroi1.
Disclosure: Kelly Hart & Hallman have been financial supporters of the Fort Worth Report.
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This article first appeared on Fort Worth Report and is republished here under a Creative Commons license.