Setting The Record Straight

The Concern: Claims have been made that fees for core classes violate state law.

The Facts: Hitchcock ISD remained compliant with TEC 11.158, which states that districts may not charge for standard laboratory fees required for course participation. However, school districts may require payment of a fee for materials used in any program, in which the resultant product in excess of minimum requirements becomes, at the student's option, the personal property of the student, if the fee does not exceed the cost of materials (TEC 11.158).

Here's what the requested fees were for:

At the beginning of the school year, the High School requested that students pay a fee to purchase supplementary lab materials for science and mathematics courses. These supplementary lab materials were not required for course completion. All students had access to complete the course regardless of whether they purchased the requested lab materials, therefore course credit for graduation was not affected.

Only 25 families paid the fee.

District Action: Based on the low number of fees collected and ongoing administrative review that began in fall 2025, the Superintendent has decided not to authorize the purchase of the additional materials and will refund the fees to the 25 families who paid them.

Moving Forward: All student fees—including optional materials, lab fees, or any other charges—must receive administrative approval prior to collection to ensure compliance with all applicable laws and board-approved fee schedules.

The Concern: A claim has been made that families have been charged up to $2,700 for dual credit courses.

The Facts: No student enrolled in dual credit has been charged an amount close to $2,700. That amount actually references Collegiate High School, which is a different full-time program at College of the Mainland with a separate MOU. This agreement authorizes that College of the Mainland may charge fees associated with participation in Collegiate High School to select students.

District Action: Earlier this semester, the district reviewed the current dual credit MOU, which was signed in 2024 by the previous administration, and has decided to refund tuition payments made during the 2025-2026 school year to applicable families. The Superintendent is engaged in discussions with College of the Mainland to review all MOUs and ensure full compliance with all contractual provisions.

Moving Forward: The district is committed to clear distinction between programs in all communications to families, accurate information about costs provided during enrollment, billing practices that fully align with both MOU agreements, and regular review of MOU terms to ensure ongoing compliance.

The Concern: Concerns have been raised about overspending, audit findings, and TEA intervention.

The Facts: Here's the truth: The district overspent from 2021-2025 and has been extremely transparent about it. HISD has operated in a corrective management mindset since summer 2025, submitting a Corrective Action Plan to TEA regarding prior year audit findings months before these concerns were raised. Additionally, the district has completed a second Corrective Action Plan, related to our annual financial integrity rating, two months ahead of TEA's February 2026 deadline. To be clear, TEA has not initiated a special investigation or appointed a conservator, demonstrating the district's proactive cooperation and compliance with state oversight processes.

District Action: The district has been proactively partnering with TEA through the established corrective action process and will continue to until all past issues have been addressed. We already operate in full compliance with all cited legal obligations—not in response to demands, but because these are fundamental requirements for all Texas school districts. If Hitchcock ISD were not in compliance with these obligations, TEA would have already exercised its intervention authority under state law.

Moving Forward: We welcome accountability, transparency, and community engagement, but we cannot allow administrative burden to paralyze the corrective work already underway and producing results. All financial reports, board meeting materials, and corrective action updates are available to the public. Community members are encouraged to attend board meetings where financial reports are presented monthly and corrective action implementation is discussed regularly.

 

The Concern: Claims have been made about the Financial Oversight Committee and potential Open Meetings Act violations.

The Facts: The Financial Oversight Committee is an internal administrative working group of district employees (not board members or government officials), established under the Superintendent's administrative authority to implement financial controls. District employees are not government officials under the Texas Open Meetings Act—if they were, every staff meeting, campus leadership team, and department gathering would violate the Open Meetings Act.

Understanding the Open Meetings Act:

Under the Texas Open Meetings Act (Texas Government Code Chapter 551), the Act applies to "governmental bodies"—specifically, the governing board and any committees, subcommittees, or other bodies composed of board members or appointed officials who have been delegated decision-making authority by the governing board.

The Finance Oversight Committee is not a governmental body subject to the Open Meetings Act because:

• It is composed entirely of district employees (administrators and staff)
• District employees are not government officials for purposes of the Open Meetings Act
• It has no decision-making authority—it serves in an advisory and operational capacity to the Superintendent
• It was created through administrative authority, not board action
• No board members participate in this committee

Standard Practice:

If district employee meetings required public notice, every staff meeting, department meeting, campus leadership team meeting, curriculum planning session, and administrative gathering would violate the Open Meetings Act. This is clearly not the law's intent or application.

This type of administrative structure is standard practice in school districts and falls under the Superintendent's authority to organize staff and implement operational improvements. Just as a principal may create a campus leadership team, department heads may hold planning meetings, or instructional coaches may organize data teams, the Superintendent has the authority to organize administrative personnel to support district operations—all without triggering Open Meetings Act requirements.

District Action: The Finance Oversight Committee was established to:

• Monitor budget implementation and expenditure trends
• Review financial reports for accuracy before presentation to the Board
• Implement internal controls identified in the TEA Corrective Action Plan
• Coordinate responses to audit findings
• Ensure compliance with fiscal policies and procedures
• Review student-to-staff ratios district-wide to address overstaffing concerns

All decisions regarding district finances continue to be made by the Board of Trustees in properly noticed public meetings where financial reports are presented and board action is taken on all fiscal matters requiring trustee approval.

Moving Forward: While the Finance Oversight Committee is not subject to Open Meetings Act requirements, the district is committed to transparency about its administrative structures. Information about the committee's composition has been announced publicly on multiple occasions and all financial decisions ultimately requiring board approval are made in public meetings with full transparency.

 

The Concern: Questions have been raised about whether the district is properly responding to public information requests and providing access to public records as required by law.

The Facts: Hitchcock ISD is committed to transparency and full compliance with the Texas Public Information Act (Texas Government Code Chapter 552).

The district has fulfilled all public information requests in accordance with state law and within statutory timelines. All requests have been processed following Attorney General determinations where potentially exempt information was at issue. The district has no outstanding PIA violations or pending legal actions related to public information requests.

Understanding the Process:

The district's obligations under the Public Information Act include:

• Responding to requests within 10 business days (or requesting Attorney General opinion within that timeframe)
• Providing all non-exempt public information
• Following Attorney General determinations on withheld information
• Properly citing legal exemptions when withholding information

Any requests that required withholding of information have been properly submitted to the Attorney General's office for review as required by law, and the district has complied with all AG determinations.

District Action: The district has processed all public information requests in full compliance with state law. Processing public information requests requires significant administrative resources, with staff hours dedicated to gathering, reviewing, redacting (where legally required), and producing responsive documents.

This time necessarily diverts administrative personnel from other critical district functions, including enhanced financial oversight and monitoring activities, budget planning and analysis, support for instructional programs and campus operations, and implementation of corrective action plans and financial reforms.

The district notes that processing extensive public information requests—particularly when related requests are submitted separately rather than combined—places significant strain on limited administrative capacity. The same personnel responding to information requests are the same personnel responsible for implementing the financial reforms and operational improvements the district needs.

Moving Forward: The district will continue to respond to all properly submitted public information requests within required timeframes, in full compliance with state law. While the district remains committed to full PIA compliance, consolidating related requests when possible helps minimize administrative burden and processing costs, which ultimately impact resources available for district operations and student services. Transparency is not just a legal obligation—it is a commitment to the community we serve.

 

LEGAL COMPLIANCE OVERVIEW

Texas school districts operate under extensive state and federal legal requirements governing fiscal management, transparency, and accountability. Hitchcock ISD takes these obligations seriously and operates in full compliance with applicable law.

Key Legal Obligations:

Texas Education Code §11.1511(b)(8) - Board Responsibility for Fiscal Integrity

The Board of Trustees is legally responsible for ensuring the fiscal integrity of the district. The financial reforms, Corrective Action Plan, and enhanced oversight measures demonstrate the Board's commitment to fulfilling this obligation.

Texas Education Code §44.008(e) - Public Correction of Audit Findings

Districts must publicly address audit findings. The district has presented audits to the Board in public meetings, developed corrective action plans, and is implementing reforms with regular progress updates to the Board.

Texas Government Code §552.321 - Public Information Access

Districts must produce public records unless lawfully exempt. The district responds to all public information requests in accordance with state law and has no violations or pending legal actions related to public information access.

Texas Education Code §39.003 (formerly §39.057) - TEA Authority

TEA has clear authority to intervene in school districts that fail to comply with state law, fail to address audit deficiencies, or demonstrate systemic financial mismanagement.

Important Context: If Hitchcock ISD were not in compliance with fundamental legal obligations, TEA would have already exercised its intervention authority. TEA has not initiated special investigations, appointed monitors, or assigned conservators. This demonstrates that the district is operating within legal bounds and is proactively addressing challenges through the established corrective action process.

The District's Commitment:

We already operate in full compliance with all cited legal obligations—not in response to demands, but because these are fundamental requirements for all Texas school districts.

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UNDERSTANDING TEA OVERSIGHT

How TEA Oversight Works:

The Texas Education Agency has comprehensive authority to oversee school districts and ensure compliance with state law. This oversight includes:

• Monitoring: Regular review of financial reports, audit findings, and academic performance
• Corrective Action Plans: Required when districts show specific deficiencies
• Special Investigations: Initiated when there are serious concerns about compliance or management
• Conservators/Monitors: Appointed when districts fail to address systemic problems
• Full Intervention: In extreme cases, TEA can assume control of district operations

Hitchcock ISD's Status:

The district has been proactively partnering with TEA through the established corrective action process and will continue to until all past issues have been addressed. TEA has not initiated a special investigation or appointed a conservator, demonstrating the district's proactive cooperation and compliance with state oversight processes.

What This Means:

The corrective action process is designed to help districts improve before more serious intervention becomes necessary. Hitchcock ISD's proactive approach—including early submission of required plans—demonstrates commitment to improvement and cooperation with state oversight.

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SUPPORTING DOCUMENTATION

All documentation referenced in this response is available for public review:

• Board-approved fee schedules
• College of the Mainland Memorandums of Understanding
• TEA Corrective Action Plans (submitted October 2025 and December 2025)
• Audit reports presented to the Board of Trustees
• FIRST rating documentation
• Board meeting minutes and agendas
• Finance Oversight Committee charter and composition

Documents are available by request or can be accessed through the district's public information request process.