Lawsuit Claims Keller ISD Electoral System Violates Voting Rights Act of 1965

February 15, 2025 - The Brewer Storefront filed suit in federal court on behalf of plaintiff Claudio Vallejo against the Keller Independent School District (KISD), alleging that the school district’s election system violates Section 2 of the Voting Rights Act of 1965 because it denies fair representation to Hispanic voters. The lawsuit further alleges violations of the Fourteenth and Fifteenth Amendments. 

Filed in the United States District Court for the Northern District of Texas, Fort Worth Division, on February 14, 2025, the lawsuit takes aim at the school district’s at-large voting system which denies Hispanic voters an opportunity to elect school board representatives of their choosing. The Storefront is the community impact legal affiliate of Brewer, Attorneys & Counselors.  

As of the 2023-24 school year, KISD was a majority-minority school district, enrolling 33,250 students, of whom nearly 25% are Hispanic.  

Yet, all seven of the board members are white and non-Hispanic. The complaint cites three Hispanic and Spanish surname candidates who ran for the board in recent years—and lost. The complaint states that Hispanic teachers are underrepresented among KISD faculty, with 14% of teachers being Hispanic compared to a quarter of students who are Hispanic. Additionally, the interim superintendent and all five current assistant superintendents are white.   

“The at-large election system used by Keller ISD denies Hispanic voters a fair opportunity to elect school board candidates of their choosing – those who would best represent the needs of the majority of children who attend schools in KISD," says William A. Brewer III, partner at Brewer Storefront and lead counsel for plaintiff Vallejo, a parent of KISD students.

Under the current electoral system, school board members are elected at large. Candidates run for “places” but do not represent any specific geographic area. The lawsuit requests a new election system complying with the Voting Rights Act and Constitution, including a cumulative voting system and a shift to on-cycle elections. A cumulative voting system, included in the Texas Education Code, enables each voter to cast a number of ballots, for any one or more candidates in the manner of their choosing, equal to the number of positions to be filled at the election. 

As the complaint states, a significant achievement gap exists within KISD schools. On the 2024 STAAR exams, while 69% of the white students met grade level, only 51% of the Hispanic students and 40% of the African American students met grade level. 

A current proposal is under consideration that would split the district in half, breaking off the more diverse west side in which Vallejo resides, would increase segregation, and leave a predominantly white and affluent Keller ISD to the east situated in Keller proper. Currently, five of seven trustees reside on the East Side of the district within the Keller High School feeder pattern. 

 The lawsuit says, “From the outside looking in, KISD portrays itself as a premier public school district lauded for its commitment to academic excellence and student success. Families move to the district attendance area in pursuit of high-quality education, believing KISD to be a model of opportunity and fairness. However, for Mr. Vallejo, a long-time resident and invested parent, this image is far from reality.” 

The son of Mexican immigrants, Vallejo deeply values the importance of education and received a bachelor’s degree in advertising with a minor in business administration from The University of Texas at Arlington. He is personally invested in KISD and currently has a son in fourth grade and a daughter in first grade at KISD’s Bette Perot Elementary School. He specifically moved into the district boundaries and bought a home in Fort Worth in 2021, so his children could attend KISD – now at risk due to the proposal to split the district in two.  

“I am bringing this lawsuit to improve political opportunity for local voters, and to help ensure that every child, school, and section of the community is represented,” Vallejo says. “The current controversy over potentially splitting the school district brings to light the underrepresentation of diverse voices on our board.”  

The lawsuit further describes that, “The consequences of this systemic imbalance have been stark. The Board’s recent actions – particularly its rushed contemplation of detachment – represent an unprecedented departure from established procedures, while disregarding community input in a way that makes clear the at-large system has produced a Board indifferent to the interest of residents like Plaintiff. The result is not only a threat to the educational opportunities Plaintiff fought to secure for his children but also a direct attack on the value of his home and his stake in the District’s future.” 

The Storefront has successfully challenged violations of the Voting Rights Act on behalf of other communities of interest in previous actions.   

The Storefront successfully resolved Voting Rights Act cases with the Lewisville Independent School District in 2023, Richardson Independent School District in January 2019, the Carrollton-Farmers Branch Independent School District in 2015, and the Grand Prairie Independent School District in 2014. All districts now utilize remodeled voting systems. The Storefront also secured trial victories in Voting Rights Act cases against the Irving Independent School District in 2014, the City of Farmers Branch in 2012, and the City of Irving in 2009. Those lawsuits paved the way for the formation of new voting systems and the election of minority candidates. 

Fort Worth Star-Telegram Reports on Voting Rights Lawsuit Against Keller ISD

February 14, 2025 – The Fort Worth Star-Telegram reports that Brewer Storefront filed a lawsuit against the Keller Independent School District (KISD) in federal court on behalf of plaintiff and Keller parent Claudio Vallejo, alleging that the district's at-large election system violates the Voting Rights Act of 1965.

The article states that the at-large electoral system dilutes the votes of minority voters, particularly Hispanic voters. The report also referred to the current "uproar" over a proposal to split Keller ISD in half, seeking to separate the relative more affluent and white east side from the less affluent, more racially diverse west side. Five of Keller's seven board members reside on the east side. 

Attorney William A. Brewer III, partner at Brewer Storefront and lead counsel for Vallejo, provided a statement to the Star-Telegram: “The at-large election system used by Keller ISD dilutes the votes of the significant number of Hispanic citizens. Given the racial polarization that exists, white voters are able to block Hispanic voters from electing school board candidates of their choosing — those who would best represent their schools, children and community. As the controversial proposal to split the district in two underscores, the consequence of the at-large voting scheme is a collection of white trustees who are out of touch with the needs of the majority of the children who attend KISD schools.”

Read more here.

Brewer Star-Telegram Op-Ed Urges Keller ISD to Abandon At-Large Voting

February 6, 2025 — Brewer Storefront Chairman William Brewer writes in the Fort Worth Star-Telegram that at-large election systems disadvantage minority voters. He points to the use of at-large voting to elect school board trustees in the Keller Independent School District as one example of how at large voting systems fail voters. 

"The controversy surrounding a proposal to break up the Keller Independent School District raises fresh concerns about a voting system widely recognized as discriminatory: at-large voting," Brewer writes in the opening of the opinion piece.

Brewer writes that if the more racially diverse west side of the school district was better represented on the school board, a discussion about splitting the school district would not be happening as it currently is. 

He suggests that cumulative voting and single-member districts offer a remedy to violations of the Voting Rights Act, for Keller ISD and other school boards. 

"Even casual observers know that at-large voting schemes — in which officials are elected across an entity rather than to represent specific districts — typically result in power being consolidated in the 'majority' of voters to the exclusion of even sizable minorities in communities," Brewer writes.

He suggests that cumulative voting offers a more equitable solution and writes that "if a school board election is for three seats, a voter could cast all three votes for a single candidate. This enables smaller but cohesive voting blocs to secure representation, ensuring their voices are heard in decision-making."

Brewer concludes that, "[Keller ISD] Trustees should shelve their plans to dismantle the district and adopt a voting system that enables participation of those whose views will better reflect the students the district is failing."

Read the op-ed here.

Fort Worth Star-Telegram Reports on Brewer Storefront Letter to Keller ISD Board

January 30, 2025 — The Fort Worth Star-Telegram reports that Brewer Storefront sent a letter to Keller Independent School District school board President Charles Randklev and trustees advising that the school district's at-large electoral system and off-cycle election schedule violate the Voting Rights Act of 1965.

The letter also charted a "path forward" for the school district to avoid a lawsuit. The article noted that the letter outlined Brewer's suggestions for rectifying voter suppression tactics. 

The requests included abandoning plans to split the district in half, pursuing a more inclusive voting system for the school district such as a cumulative system, moving elections to November, and fully informing voters in English and Spanish about election dates, candidates and procedures.

Read more here. 

Star-Telegram Reports on Keller ISD, Potential Brewer Storefront Legal Challenge

January 24, 2025 – The Fort Worth Star-Telegram reports today on emerging legal issues within the Keller Independent School District. The reporting chronicles the work of the Brewer Storefront, the legal community service affiliate of Brewer, Attorneys & Counselors, and notes the Storefront’s many successful cases under the Voting Rights Act.

As reported, “At issue is the district’s [Keller ISD] at-large places in which voters select candidates from across the district to fill open school board seats. Some experts believe at-large elections unfairly favor majority voting blocs and therefore violate the Voting Rights Act of 1965, which was established to ensure all registered voters have an equal voice.”

The alternative would be a single-member system in which voters elect representatives from subdistricts within the larger district. Over the past several years, legal challenges based on interpretations of the Voting Rights Act have pushed at least five North Texas school districts to change their electoral systems, says the article.

William Brewer, founding partner of Brewer, Attorneys & Counselors, said several Keller school district residents had reached out to his firm about challenging the election rules. Those inquiries were in response to a recent proposal to split the district in half, using Denton Highway as the dividing line. The plan was met with overwhelming opposition from parents at a Jan. 16 board meeting. The next public hearing is scheduled for Jan. 30.

Brewer’s firm has successfully initiated the move away from at-large voting in the Lewisville, Richardson, Carrollton-Farmers Branch, Irving and Grand Prairie school districts. He said he plans to file the lawsuit within 45 to 60 days.

“The law says in order to force a change, you need to establish preconditions,” Brewer said. “You have to show that voting is polarized — that whites are voting for whites, Hispanics prefer voting for Hispanics and Blacks are voting for Blacks. Then you have to be able to draw districts around subgroups that are contiguous and compact. Those preconditions seem to be present in Keller.”

Read more here.

William Brewer Writes in The Dallas Morning News About Texas School Accountability Case

October 15, 2024 — William Brewer III writes in today’s Dallas Morning News opinion section that Texas school accountability ratings should be released, and shares that the Brewer Foundation Future Leaders Program (FLP) intervened in a court case in support of doing so.

The text of the piece follows:

The “Texas miracle” is an often-told tale of unbridled economic expansion and explosive population growth.

But as new residents flock to our state — an estimated 470,000 last year — many public schools in Texas are failing to adequately educate the children already here. It is no “miracle” when most of Texas students attending public school did not meet grade level on the state STAAR exam last year, including 64% of Black children, 58% of Hispanic children and 62% of economically disadvantaged students who did not, according to the Texas Education Agency.

Unfortunately, rather than a united determination to fix the situation, battle lines are emerging in the community — and in the courtroom. A monumental fight is taking place in state court that will determine whether parents can easily access information evaluating the student performance at schools that their children attend. Incredibly, the answer from a Travis County judge may be “No,” as she recently blocked the release of such data after five school districts sued Texas Education Commissioner Mike Morath.

School and district ratings should be released, for the sake of transparency and accountability. Doing so represents the first step in addressing the state’s educational crisis. Such information informs educational choices parents make for their children. Information is power, and the effort to suppress it is a detriment to educational progress and the future generations of our state.

That’s why the Brewer Foundation Future Leaders Program, which supports students from a dozen Dallas ISD schools, is among the parties that intervened in the case in support of releasing school ratings. Programs like the FLP, parents and community stakeholders need to access such information and use it to empower them to make critical educational decisions.

School districts are taking divergent paths in the legal action over the release of Texas public school accountability ratings, with some districts, such as Dallas ISD, voluntarily releasing their projected ratings.

Texas has more than 1,200 school districts, and yet just 33 districts that have now joined the lawsuit are blocking the release of ratings for all districts.

Of those school districts, 27 performed worse than the state average when it comes to students meeting grade level in 2023, according to TEA data on STAAR performance by school district. While scrutiny often focuses on large urban school districts such as Houston and Dallas, the plaintiff districts in the lawsuit demonstrate that many rural districts and exurb communities are struggling and failing to adequately educate children.

For example, in 2023, Kingsville ISD enrolled 2,694 children and only 27% met grade level on the STAAR exam across all grade levels and subjects tested.

We must invest in public schools and commit to making them better. They are part of the fabric of our state and will always remain so. In 1876, the Texas Constitution wisely declared that it was the duty of the state Legislature to support and maintain “an efficient system of public free schools” given the essential role of a “general diffusion of knowledge.” We must resist the urge to turn the accountability case into a referendum on vouchers.

The immediate impulse may be to penalize these failing districts. Instead, let’s talk about solutions: schools need adequate funding to address challenges to student achievement.

Many studies report that Texas is not funding its public schools adequately. An August 2024 report by Rice University’s Kinder Institute found that 73% of Texas public schools are underfunded and that districts with the larger funding gaps tend to have the lowest student achievement ratings from the TEA. The report concluded that “severely underfunded” school districts were “strongly associated” with ratings of “C” or worse. The correlation comes as no surprise.

Let’s consider the findings of the accountability ratings a galvanizing force. Within every district, we should promote transparency, address academic and financial shortcomings, and share best practices, all benefits of the ratings process. Only then can we live up to our larger-than-life story of the Texas miracle.

William A. Brewer III is managing partner of the Brewer Storefront and founder of the Brewer Foundation Future Leaders Program. Katherine Leal Unmuth contributed to this article.

We welcome your thoughts in a letter to the editor. See the guidelines and submit your letter here. If you have problems with the form, you can submit via email at letters@dallasnews.com

Seniors Scammed: Dallas CBS Affiliate Produces Story About Brewer Storefront Client

September 25, 2024 – CBS News Texas reports on how Brewer Storefront assisted client Shirley Ison–Newsome, 77, after she was the victim of a predatory financial scam like many seniors face. 

The investigation, “Caught in the Scam,” reports Ms. Ison-Newsome lost more than $50,000 after her bank, Chase, allegedly failed to warn her of fraudulent activity. She also said a bank employee at her local Chase branch promised her that her wire transfer to China had been caught and stopped in time, but days later she learned the financial transaction had gone through.  

With the help of the Brewer Storefront, the community service affiliate of Brewer, Attorneys & Counselors, Ison-Newsome resolved a legal action with Chase to the satisfaction of the parties.  

"It can't be that at the end of the day that it is just too bad, especially when, importantly, [Ison-Newsome] was extremely vigilant,” said Brewer Partner Will Brewer IV. “She immediately alerted her trusted financial institution. That's everything that you would expect someone to do to fix the situation." 

William Brewer Writes in The Dallas Morning News in Support of Releasing Texas School Accountability Ratings

September 15, 2024 -- The Dallas Morning News published a letter to the editor written by Brewer Partner and Brewer Foundation Future Leaders Program (FLP) founder William A. Brewer III calling for the release of Texas school accountability ratings.

The FLP is a is an award-winning public-private partnership that provides academic resources and leadership training to economically disadvantaged students in the Dallas Independent School District.  The Brewer Foundation on September 5, 2024, filed a petition in intervention in Travis County court on behalf of its Brewer Foundation Future Leaders Program (“FLP”), seeking the release of the Texas Education Agency (“TEA”) 2024 A-F accountability ratings for school districts and campuses.

On August 12, 2024, a Travis County judge blocked the scheduled release of the school ratings with a temporary restraining order after five school districts (located across West and South Texas) sued Texas Commissioner of Education Mike Morath in Pecos-Barstow-Toyah Independent School District, et al., v. Mike Morath.

The Foundation is represented by the Brewer Storefront – the community service affiliate of the national litigation firm of Brewer, Attorneys & Counselors.

The full text of the letter as it appeared in the Sunday edition of the newspaper is below:

Release school ratings

Re: “Why we released our schools’ ratings,” by Joe Carreón and Robert Selders Jr., Monday Opinion.

It is encouraging to see Dallas ISD School Board President Joe Carreón call for two items of importance in Texas education: accountability and transparency. Both are in short supply these days in public education — as several school districts recently brought a Travis County lawsuit to block the Texas Education Agency from releasing school ratings statewide. Meanwhile, DISD and a handful of other districts took the lead in releasing their preliminary ratings.

The accountability rating system is an A-F methodology that evaluates districts and schools. By definition, the system promotes awareness of educational challenges, helps identify best practices and instills confidence in parents and students. The ratings also spark interest and engagement — as we all work collectively to improve the educational system in our state.

Our law firm’s community service legal affiliate, Brewer Storefront, filed a petition to intervene in the lawsuit on behalf of our Brewer Foundation Future Leaders Program seeking the release of the ratings. The FLP is a public-private partnership that provides academic resources and leadership training to DISD students. We will argue the issue before the court to give a voice to schools, students and communities.

The plaintiff school districts face considerable challenges with student achievement, with between 51% and 73% of students not meeting grade level last year on STAAR exams. We need a system that identifies such problems and inspires the corrective actions necessary to improve schools. It is not only the Texas educational system that depends on this, but also the future generations it serves.

William A. Brewer III