The first Valentineโs Day note that Kevin Dyes received from Texas Attorney General Ken Paxton last month was a โcease-and-desistโ letter. The next two were open records requests.
All three seemed aimed at warning Dyes โย the superintendent of Holliday ISD, a North Texas school district that enrolls just over 1,000 students, employs just over 100 staff and occupies just under 300 square miles โย to stop his โillegal electioneering.โ
That was not what Dyes thought heโd been up to in the months leading up to Texasโ March 6 primary election.
โAll I was trying to do in any of that โย on Twitter, or in communications with my staff or the public โย was to advocate for public education,โ he said.
Dyes suspects that it was his Twitter presence, where he often retweets educators pledging to โ#blockvoteโ in favor of pro-public education candidates, and that of the district, that drew Paxtonโs attention.
Dyes was one of more than a dozen administrators whose districts were hit last month with open records requests from the Texas Attorney Generalโs Office seeking district communications about Texas primaries, voting and certain candidates and races, documents obtained by The Texas Tribune in a records request show.
And he was one of a smaller group of educators whose districts also received a cease-and-desist letter from Paxton, the stateโs top lawyer. After sending three letters last month, Paxtonโs office sent two more Friday morning โย to Elgin ISD and Galena Park ISD, both districts that had received records requests โ asking administrators to stop using taxpayer money to advocate for political candidates.
โSchool districts violate the Texas Election and Education codes when they exhort faculty or others to vote for a particular person or ballot measure,โ Paxton said in a statement Friday. โSpending taxpayer dollars on advocating for or against political candidates is unacceptable.โ
The letters are just the latest salvo in an ongoing battle over the role Texas public schools play in elections. Long-standing civic engagement initiatives aimed at getting more Texas teachers out to vote have come under fresh attack this election cycle, with conservative groups and Paxton himself warning that some efforts constitute โillegal electioneering.โ A January ruling from his office advised districts that busing teachers and voting-age students to polling places is illegal unless such trips serve an โeducational purpose.โ
The records requests probeย school administratorsโ words and actions in an effort to identify illegal activity committed on the taxpayersโ dime. Public school employees can register students to vote and promote civic engagement, but theyโre not allowed to use public money or other resources to support particular political candidates or parties.
The AGโs office did not return requests for comment on the records requests themselves, but has said several times itโs investigating complaints of election law violations and will continue to do so.ย But educators and advocates see a political motivation behind the probes and the other missives that preceded them.
โTo me itโs voter suppression โย an attempt to bully us,โ said Troy Reynolds, the founder of Texans for Public Education and an administrator in Splendora ISD, which did not receive an AG request last month. โIโve never seen anything like this beforeโฆ Theyโre trying to shut us up.โ
But state Sen. Paul Bettencourt, the Houston Republican who asked Paxton in December to weigh in on whether schools could bus employees to the polls, said claims that Paxton’s work is politically motivated are “an emotional response not based in reality.”
โWhen I see political activity not just creeping into schools but galloping into schools, you just gotta pull the reins and stop it,โ Bettencourt said, adding that Paxton is merely working to ensure schools “educate the kids, not get into politics.”
Paxtonโs officeโs recent inquiries went to school districts of all sizes all across the state. Many requests were broad, asking for communications among top school officials that included words like โvote,โ โvoting,โ โTexas Legislatureโ and โprimary.โ The AGโs office also sought campaign emails and information about โget out the vote efforts.โ
While Paxtonโs office said itโs targeting suspected lawbreakers, educators and advocates have pointed out that many o the requests were sent to the sites of tight Republican primary races, including two districts โย Frisco ISD and Allen ISD โย that fall in Senate District 8, where Paxtonโs wife Angela Paxton recently won an expensive, hard-fought Republican primary against Phillip Huffines.
Granbury ISD โย whose superintendent, Jim Largent, had the backing of many in the education community in his unsuccessfulย challenge against state Rep. Mike Lang โ received three separate requests from the AG. Lang, a member of the conservative House Freedom Caucus, had the support of Empower Texans.
The AGโs office asked Granbury ISD for a copy of an email from Largent to district staff announcing his campaign and another from the superintendent containing the words โTheir goal is to demonize and destroy public education and it is working.โ
โOne could probably connect the dots and come up with some theories about what they were doing,โ Largent said in an interview this week.
Many requests also honed in on another Republican race: the face-off between sitting Lt. Gov. Dan Patrickย and challenger Scott Milder, a public education advocate backed by many in the education community. Milder ultimately lost to Patrick by more than 50 percentage points.
Milder said he sent campaign emails to about 100,000 educators, and those messages appeared in response to several of the AGโs requests. A disclaimer at the top of one Milder email advises recipients that โforwarding this email would be considered a violation so please do not forward from district email or device,โ but merely receiving the email at a district address โis not a violation of any law.โ
Some district administrators took care to pass the email along from their personal email addresses, records show. But others shared it from their official district addresses.
Joe Coleman, a principal in Galena Park ISD, was cited for doing just that in Paxtonโs second round of cease-and-desist letters Friday.
โI agree that we need to support Scott Milder in his quest to become the Texas Lieutenant Governor,โ Coleman wrote, passing along Milderโs email. โRemember, to ask for Republican Ballott, you can vote in Texas in the primaries for a Republican or Democrat. Let’s support Scott Milder. Please tell all of your friends and family this is critical.โ
Coleman wrote back the next day: โI probably broke some type of rule with this email, probably not good judgement. I have not had a complaint but just letting you know in case you get one. Joe.โ
Milder said it was โthoroughly disappointingโ that Paxton would go to such lengths to โintimidate educatorsโ out of voting.
โWe know that the AG runs in the same circle as the lieutenant governor and theyโre going to help each other out with their re-election campaigns,โ Milder said. โThe best way for the AG to get involved to help the lieutenant governor and the Empower Texans candidates is to intimidate regular Texans, rational Texans from voting. And itโs working.โ
Some advocates allege that the process behind the AG’s office sending the requests was political as well.
Before the AGโs office began submitting records requests, school districts had already received similar inquiries from conservative groups, including the aggressive and influential Empower Texans. The Texas Civil Rights Project, a voting-focused advocacy group, pledged this week to โshine a light on any coordinationโ between the groups. Empower Texans did not return a request for comment on this story.
Dyes said the coordination is obvious. In October, his district signed on to a โculture of votingโ resolution. Dyes said his office turned the signed resolution over to Empower Texans when that group submitted a records request, but that the document wasnโt posted anywhere online.
Then, a copy of the signed resolution appeared in the cease-and-desist letter Paxtonโs office sent to Holliday ISD last month.
โThey must be working together,โ Dyes said. โEvidently somebody in Empower Texans gave them that resolutionโฆ because itโs not available anywhere else.โ
Reynolds, the education advocate, agreed.
โI donโt believe thatโs an accident at all. I think thereโs an agenda behind it,โ he said. โItโs so they can maintain the power they have in the Legislature and push vouchers. No oneโs ever had a problem with public sector employees activating before.โ
Some educators suspect that the new scrutiny on their election-related activities is motivated not by a concern for the law but by a concern that education-backed candidates could unseat many of the Legislatureโs most conservative members. After lawmakers failed to deliver the school finance overhaul many sought during last yearโs legislative sessions, educators pledged to come out to the polls in force this election cycle.
Educational advocates said those numbers had begun to scare those in power ย โย although last weekโs primary results suggest educatorsโ numbers were not as high as some anticipated.
โI think itโs absolutely politically motivated,โ said Laura Yeager, whose educational engagement groupโs years-old voting resolution has been attacked for the first time this election cycle as suspicious and illegal. โItโs just so disappointing. Really, they should be encouraging people to voteโฆ. This is not what our country is supposed to be about.โ
Disclosure: Laura Yeager has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of themย here.ย



