Attorney Chris Tritico announced Thursday's court ruling at a press conference alongside HFT President Jackie Anderson. Credit: Photo by Faith Bugenhagen

On Thursday, a Harris County District Judge issued a temporary restraining order on the new teacher evaluation system developed by Houston ISD Superintendent Mike Miles and the district’s state-appointed Board of Managers.

This comes after the Houston Federation of Teachers filed a lawsuit against Miles and the board members on Wednesday, claiming the schools’ Shared Decision Making Committees – comprised of members of the HISD community and staff – were not involved in developing the new system.

Attorney Chris Tritico, general counsel for the Houston Federation of Teachers, said at a press conference on Thursday that by not consulting these committees, the district violated state and Texas Education Code – which requires teacher appraisals to be developed by district and campus-level committees.

He said that the court ruling restrains Miles and the board of managers from enforcing their “illegally granted policy” of removing the Texas Teacher Evaluation and Support System or T-TESS and implementing Miles’ new “secret” evaluation system.

“It’s not just about whether or not Wheatley High School has an A, B or D grade,” Tritico said. “It’s about whether or not these employees can pay their bills, take care of their families, and have a job next year.”

According to Jackie Anderson, the Houston Federation of Teachers president, union members had spent two years developing and implementing T-TESS with the understanding in May that they would be evaluated under the system.

However, in early July, they found out that this would not be the case.

“Teachers in HISD do not have a problem with being evaluated; I want to make that clear,” she said. “We come to work every day, we do the job that we are assigned to do, and we go above and beyond that.”

Anderson said teachers who are being appraised want to know the Miles’ evaluation system’s expectations and criteria.

The case will now go to a temporary injunction hearing on Friday, September 11. If the temporary injunction is granted, the lawsuit will move to trial. Miles’ new teacher evaluation system cannot be used while conducting teacher appraisals during ongoing litigation.

Although this is the case, Tritico said district officials can still evaluate teachers’ performances but would need to use the T-TESS.

The district’s statement in response to Thursday’s court decision:

“The Houston Independent School District cannot comment on a pending legal matter. The superintendent and the School Board remain focused on the critical work of ensuring HISD prepares all its students for the world and workplace of Destination 2035 and allow the legal process to run its course. This matter has been scheduled for September 11, 2023, and we cannot answer any additional questions at this time.

Faith Bugenhagen is a former news reporter for The Houston Press, assigned to cover the Greater-Houston area.