Legislators

Official oversight contacts

• The Texas House Committee on Public Education
• Texas Senate Committee on Education
• Texas Attorney General
• U.S. Department of Education Office for Civil Rights (OCR)

A. Legal and Governance Violations

• State Law Non-Compliance – TFC §261.101, §261.102, and §261.104 require immediate reporting of suspected child abuse or neglect by any person with cause to believe a child’s welfare has been adversely affected. This includes identifying the alleged victim(s) and their parents/guardians contact information.

• Mandatory-Reporting Breakdown: Failure to produce a CPS report as required by TFC §261.101, §261.102, & 261.104 is a core compliance failure that bypasses state child-safety oversight and educator due process.

• Failure to Preserve Evidence – By not generating or producing the required report, Dallas ISD deprived both CPS and the accused educator of the opportunity for independent review, student and family intervention, and educator due process.

• Records and Due Process Breakdown: Reliance on an internal email in lieu of a CPS report; FERPA used as both shield and sword; missing investigative notes; and shifting job abandonment, resignation, and termination rationales; indicate internal controls and legal review are ineffective.

• State Failure to Enforce Penalties – TFC §261.109
  (a) A person commits an offense if the person is required to make a report under § 261.101 and knowingly fails to make a report as provided in this chapter.
  (c) An offense under Subsection (a-1) is a Class A misdemeanor, except that the offense is a state jail felony if it is shown on the trial of the offense that the actor intended to conceal the abuse or neglect.

• FERPA Misuse – The District invoked FERPA to justify withholding the identities of the first accuser and the five witnesses, yet simultaneously used those statements to justify termination, an inconsistent and prejudicial application of the law.

• Takeaway: Multiple independent control failures point to systemic governance risk.

B. Systemic Risks Created

• Precedent for Abuse – This conduct if allowed, sets a dangerous template whereby administrative staff can bypass mandatory statutes to retain control over the findings and outcome.

• Educator Vulnerability – This conduct if allowed, means any teacher could be accused, investigated solely in-house, and terminated without the protective oversight of state or national authorities.

• Litigation Cascade – Opens the door for similar lawsuits from other educators and parents throughout Texas, claiming denial of due process and statutory non-compliance.

C. Governance Red Flags Tied To This Case

• Bypass of mandated CPS oversight → undermines child-safety accountability.

• Inconsistent documentation and lost notes → records management exposure.

• FERPA as litigation tactic → invites policy review and OCR interest.

• Campus staffing discrimination → lack of oversight.

• Shifting termination administrative conclusions → audit trail suggests outcome-driven decision making rather than policy fidelity.

D. Recommended Immediate Governance Actions

• Independent CPS compliance review of the incident and similarly situated cases and written corrective plans.

• FERPA/records integrity audit with retention and production protocols.

• Ban “email-as-evidence” in lieu of required state reports.

• Independent grievance reviews.

• Board-Level Oversight Cadence: quarterly compliance dashboard (CPS, FERPA, grievances, appeals) with public-facing summaries.

• Escalation Strategy: pre-approved response plan for violations.

• Grievances Against Dallas ISD Counsel

E. Safe Harbor Loop: How CPS Bypass, Concealment, and TEA Inaction Eliminate Title VII Oversight

The closed-loop process created by Dallas ISD’s procedural violations and TEA’s refusal to enforce TFC §261.101, §261.102, §261.104, and §261.109.
 

• Student Allegations: Unvetted claims are received but not reported to CPS.

• CPS Bypass: Dallas ISD fails to submit statutorily compliant CPS reports, violating state law and preventing student assistance, intervention, an impartial investigation, and educator due process.

• Only Internal Investigation: All fact-finding remains within the district’s control, excluding impartial state oversight.

• FERPA Concealment: The District invokes FERPA to withhold student-related records, blocking any access to identical comparator evidence.

• TEA Inaction: Despite the complaint and escalation to Commissioner Mike Morath, TEA takes no action to enforce the reporting statutes.

• Identical Comparator Evidence Impossible: Without CPS investigations or TEA enforcement, no identical comparator data exists for Title VII purposes.

• Safe Harbor Created: This process can be repeated indefinitely, allowing district practices that have the same effect of elevating unverified student allegations, CPS non-reporting, and FERPA as both a shield and a sword to evade Title VII liability.