civil rights

Lawsuit Claims Angleton ISD Electoral System Violates Voting Rights Act of 1965, Harming Academic Outcomes for Hispanic Students

Dallas, Texas…June 26, 2024 – Brewer Storefront filed suit in federal court today on behalf of plaintiff Laura Jaso against the Angleton Independent School District (AISD), alleging that the school district’s election system violates Section 2 of the Voting Rights Act of 1965 and denies fair representation to Hispanic voters. The filing is part of the Texas Voting Rights Initiative (TVRI) and a broader effort to address voting rights and systemic inequality in educational outcomes in Texas public schools.

Angleton is located about an hour south of Houston. Filed in the United States District Court for the Southern District of Texas, Galveston Division, the lawsuit claims that the school district’s at-large voting system denies Hispanic voters a fair opportunity to elect school board representatives of their choosing. The Storefront is the community service legal affiliate of Brewer, Attorneys & Counselors. 

As the complaint states, an alarming achievement gap exists within AISD schools. Although nearly 60% of white students met grade level across all subjects and grades tested in 2022-23, only 46% of Hispanic students, 39% of African American students, and 40% of English Learners met grade level.

The complaint states that, “This persistent gap highlights unequal educational outcomes, with students of color and economically disadvantaged students lagging behind their white peers on academic measures tracked by the Texas Education Agency. Meanwhile, white students are set up for success by the majority white Board and the white superintendent.”

As the complaint alleges, none of this is a surprise. Hispanic children are also disproportionately assigned to a high enrollment elementary school, Westside Elementary School.  In 2022-23, almost 76% of Westside students were Hispanic.  The school enrolled 1,003 students – far higher than any of the district’s other elementary schools, which ranged in enrollment from 313 to 528 students—many with significantly higher expenditures per student than at Westside.

The lawsuit alleges that – based on the district’s demographics –one would expect that at least one Latino board member could be elected. Yet, none of the seven board members are Hispanic, and five are white. The complaint cites Hispanic candidates who ran for the board in recent years—and lost— including plaintiff. Jaso—a   Mexican American—ran for Position 6 on the AISD Board of Trustees in May 2021 and lost to a white candidate.

“The at-large election system used by Angleton ISD denies Hispanic voters a fair opportunity to elect school board candidates of their choosing – those who reflect their educational priorities,” says William A. Brewer III, partner at Brewer Storefront and lead counsel for plaintiff Laura Jaso. “The suit seeks the court-ordered adoption of a single member district voting system to ensure political opportunity to Hispanic voters.”

Brewer added, “Obviously, change is needed to address the needs of Hispanic children attending Angleton ISD schools, and to position the parents to address academic outcomes for the students being failed by the District. It is shameful that so many Hispanic students are being funneled to an overcrowded elementary school, where many are not being educated to grade level.”

In March 2024, Brewer Storefront launched the TVRI, a statewide effort focused on ensuring that Texas school boards operate in compliance with the Voting Rights Act. The Storefront undertook an extensive analysis of voting systems across Texas and believes that many operate in violation of the VRA.

The Storefront sent warning letters to 11 school districts on March 6, including Angleton ISD, advising that it is violating Section 2 of the VRA. The letter requests that the school board adopt a single member district system that includes at least one district in which the Hispanic citizen voting age population (CVAP) comprises a majority. This is the second lawsuit brought under the TVRI initiative; Brewer Storefront filed a voting rights lawsuit against Humble Independent School District on May 9, 2024.

“The school district, through the lawyers, is defending the current at-large system that disenfranchises Hispanic voters,” Brewer said. “The school board is clinging to an antiquated electoral system that does not reflect the demographics of the community or the needs of its students.”

As of the 2022-23 school year, AISD enrolls about 7,000 students. Students of color comprise more than 67% of the AISD student body, and 51.5% of students are Hispanic.

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 alleges that, “The AISD’s Hispanic population is sufficiently numerous and geographically compact to allow for the creation of at least one single-member electoral district in which the Hispanic population would constitute a majority of the total population and the CVAP.”

The lawsuit continues, “Further, Hispanic voters are politically cohesive, and elections for the Board at issue reflect a clear pattern of racially polarized voting that allows the bloc of white voters to usually defeat the Hispanic community’s preferred candidate.”

Jaso received a master’s degree in engineering from The University of Alabama and a bachelor’s degree in applied technology from Brazosport College. Her eldest daughter attended AISD schools.

“I am bringing this lawsuit because I feel that the leadership of Angleton ISD does not value the priorities and concerns of the Hispanic community,” Jaso said. “The entire community benefits when the electoral process is inclusive and reflective of those it serves. Equal and fair representation is the cornerstone to growth and prosperity in our education system.”

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.  

About Brewer Storefront, PLLC:  

Brewer Storefront is the community-service legal affiliate of the national litigation firm of Brewer, Attorneys & Counselors with offices in Dallas and New York. Founded in 1995, the Brewer Storefront tackles local and national issues, providing legal assistance to a wide range of individuals, business and community entities in need. The Texas Voting Rights Initiative (TVRI) is a Storefront initiative. Visit www.texasvotingrights.com.  

Contact: Katherine Leal Unmuth on behalf of the Brewer Storefront 

Phone: 214.653.4832 

E-mail:  kunmuth@brewerattorneys.com  

 

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

November 3, 2022 — Brewer Storefront filed suit in federal court on behalf of plaintiffs Jessica Garcia Shafer and Dona Kim Murphey against the Pearland Independent School District (PISD) and its trustees, alleging that the school district’s election system violates the Voting Rights Act of 1965 because it denies fair representation to voters of color. 

Filed in the United States District Court for the Southern District of Texas, Galveston Division, the lawsuit claims that the school district’s at-large voting system denies Hispanic, African American and Asian voters a fair opportunity to elect school board representatives of their choice. The Storefront is the community service legal affiliate of Brewer, Attorneys & Counselors.  

The lawsuit alleges that, based on the district’s demographics, one would expect that at least one Latino, African American or Asian school board member could be elected. Yet, all seven school board members are white.

“Our clients believe the at-large election system used by Pearland ISD denies citizens of color a fair opportunity to elect candidates of their choosing,” says William A. Brewer III, partner at Brewer Storefront and lead counsel for the plaintiffs. “The at-large voting scheme utilized by the school district is pernicious and unconstitutional. Our clients believe the system should be abandoned – to enable a more inclusive future and where every citizen’s voice is valued in the process of electing school district board members.” 

Home to more than 21,000 students, PISD is a richly diverse school district. As of the 2020-21 school year, students of color formed nearly 67% of the total student body, according to the Texas Education Agency (“TEA”) 2020-21 Texas Academic Performance Reports (TAPR). About 33% of all PISD students were white, 36.8% Hispanic, 11.1% Asian, 14.9% African American, and 3.9% two or more races.

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 claims the at-large system rewards white voters for voting as a bloc and denies political opportunity to non-white voters.  

Shafer, who is Hispanic, and Murphey, who is Asian, both previously ran for the PISD school board and lost – Shafer in 2020 and 2021, and Murphey in 2019. They are also mothers whose children attend PISD schools. Ms. Murphey holds an MD PhD and Ms. Shafer is a trained epidemiologist.  They both lost to white candidates who allegedly benefited from the at-large voting system.

In referring to PISD’s at-large election system, the lawsuit states: “In practice the at-large system discourages minority or minority-preferred candidates from seeking office because it effectively functions as a white-controlled referendum on all candidates. In PISD, a bloc of white voters controls all seven Trustee positions.”

The lawsuit alleges that PISD has a history of minority candidates running for the board and losing to white candidates. Since just 2018, 11 minority candidates have run for the board and lost.

According to the lawsuit, the numbers of Hispanic, African American and Asian voters are sufficiently large and geographically compact such that at least one single-member electoral district could be created in which voters of color are a majority.

The lawsuit says, “The chilling effects of the at-large system empowers the current Board, which fails to reflect the composition of the real stakeholders in the public-school system.” The lawsuit adds, “PISD’s discriminatory voting system is a relic of the District’s past and must be changed.”

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 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.  

Mr. Brewer is joined in representing plaintiffs by Blaine Adams, an associate in the firm’s Dallas office.