Gina Hinojosa’s win could change Austin ISD’s fate. But state law may stand in the way.

Democrat Gina Hinojosa’s stunning defeat of Gov. Greg Abbott has raised hopes that Austin ISD could escape a state takeover. But even with a former district trustee in the governor’s office, Texas law may still force the state to intervene.

Hinojosa, who served on the Austin ISD board of trustees between 2012 and late 2015, including as president, has promised to replace Education Commissioner Mike Morath on her first day in office and end state takeovers of public schools. Her victory Tuesday makes her Texas’ first Democratic governor since 1994, putting her in a position to reshape how the state manages struggling school districts.

But the change in leadership comes as Austin ISD faces a budget crisis and the threat of state intervention after Burnet and Webb middle schools received their fifth failing accountability ratings. Education policy experts say a new commissioner would still be bound by state law, which requires intervention. The crucial difference could be what shape that intervention takes and how a new education commissioner might oversee the district’s future, including whether to replace its elected school board or close the two campuses.

Public education was central to Hinojosa’s campaign and her victory speech Tuesday. The former Austin ISD trustee, who first ran for office when her son’s school faced closure because of budget constraints, pledged to increase investment in public schools, raise teacher pay and preserve local control.

“In case you have not heard, on day one, I will fire Mike Morath, and we will work tirelessly to repair the damage of the Texas vouchers scam and end an era in which our schools are sold for parts,” Hinojosa said at a rally Tuesday.

But replacing Morath, whom Abbott appointed in December 2015, would not eliminate the laws governing state intervention. And with Austin ISD facing decisions about the future of Burnet and Webb, the timing of any change in leadership could prove consequential.

What a new governor can change

Rachel White, associate professor of educational leadership and policy at the University of Texas at Austin’s College of Education, said Hinojosa’s promise to fire Morath could be interpreted to mean declining to reappoint him and nominating a successor. But that choice would face another hurdle: confirmation by the Texas Senate.

Confirmation requires approval from two-thirds of the senators present. Although Democrat Vikki Goodwin won the lieutenant governor’s race and will preside over the Senate, Republicans will retain control of the chamber, complicating the path for Hinojosa’s nominee, White said.

Irrespective of the new state leadership, Austin ISD still has a number of hurdles to clear that could determine the shape state intervention takes in the district. If successful, a pending appeal of the accountability ratings could remove the threat of state intervention by December, before Hinojosa takes office. Likewise, parent petitions advocating for the closure of Burnet and Webb middle schools have yet to be validated or submitted to the state and remain an open question that could steer state action in the district.

Whoever becomes commissioner must still act according to the current laws, White said. In Austin, Burnet and Webb middle schools triggered the intervention law by receiving a fifth failing rating from the TEA. Lawmakers may soon take another look at the systems and policies that trigger an intervention in the first place, but it won’t be as easy as simply replacing Morath.

“It’s going to take an all-hands-on-deck approach to modify Texas education code,” White said.

Duncan Klussmann, a clinical associate professor of educational leadership and policy studies at the University of Houston, agreed a new commissioner could significantly influence Austin ISD’s future, even without changes to state law.

While recently the state has leaned toward taking over entire districts, Klussmann said a new commissioner may elect to close the chronically failing schools instead and work with the district to decide the affected communities’ future.

“I think this is one of those areas that are critical,” Klussmann said. “The commissioner in place is a critical piece in these decision making aspects of the law, and I think that is an area where there is probably some discretion on what closure really looks like, what it means and how the state carries that out.”

Austin ISD families see an opening

Austin ISD Trustee Candace Hunter, who won her second term on the school board Tuesday, said the election offers a chance to change the state’s approach to struggling districts, not necessarily eliminate its involvement.

“Governor-elect Hinojosa has a promise to keep,” Hunter said. “I’m not opposed to state intervention — What district would turn away a helping hand? But the current system seeks to displace and destroy.”

Hunter said she hopes Hinojosa will redirect the TEA toward supporting and guiding school districts rather than replacing their leadership.

Ken Zarifis, co-president of AISD employees union Education Austin, also sees reason for optimism. Although the intervention law remains in place, he hopes Hinojosa’s new administration will interpret and implement it differently.

Zarifis, whose child attends one of the two schools facing closure, spent the last few weeks informing parents about signing a petition drive to close their failing schools to avoid a districtwide takeover. The petitions divided both communities and prompted questions about how signatures were collected. Now, Zarifis believes the election has changed the outlook.

“We’ll have a different rule come January,” Zarifis said. “It’ll be a different day. And we have to figure out what to do with the law and what to do with what we have to do but we know it’s going to be different than what we’re facing now.”

Still, Zarifis cautioned that change will take time and said families must continue to hold the district accountable for its decisions.

Lily McClure, whose sons, ages 8 and 11, attend Hill Elementary and Murchison Middle School, campaigned for Hinojosa, James Talarico and other candidates she thought would prioritize public education. Frustrated by the district’s budget deficits and cuts to teachers and programs, she hopes the election leads to more school funding, changes to accountability laws and a reversal of the state’s school voucher program.

“The egregiousness of starving a public school system when we are just sitting on mounds of wealth as a state is negligent,” McClure said. “It’s absolutely disgusting.”

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