(C) El Paso Matters.org This story was originally published by El Paso Matters.org and is unaltered. . . . . . . . . . . Expert: Canutillo vote on school closures violated open meetings law [1] ['Claudia Lorena Silva', 'More Claudia Lorena Silva', 'El Paso Matters', '.Wp-Block-Co-Authors-Plus-Coauthors.Is-Layout-Flow', 'Class', 'Wp-Block-Co-Authors-Plus', 'Display Inline', '.Wp-Block-Co-Authors-Plus-Avatar', 'Where Img', 'Height Auto Max-Width'] Date: 2024-05-07 The Canutillo school board may have violated open meetings laws on Tuesday when they voted on school consolidations and closures – items not clearly listed on the meeting agenda, a leading expert on Texas government transparency law said. The agenda for the board workshop listed one item: Discussion and possible action to implement a reduction in force – layoffs – in certain areas. The item also includes the language “and take other appropriate action incident thereto.” The board voted 5-2 on two separate motions not to consolidate Canutillo and Alderete Middle Schools and not to close Deanna Davenport Elementary School. Trustees Patsy Mendoza and Bobby Simental voted in favor of consolidating and closing the schools. Though these items were not listed on the agenda published by the district, a document on the backup — where governmental bodies can post additional information about an agenda item — includes the language “reorganization or consolidation of two or more individual schools.” The document does not list the schools that were voted on. Bill Aleshire, an Austin who has handled numerous cases concerning public records and open meetings laws, said Texas law requires Canutillo to specifically alert residents that it was considering school consolidations and closures, and do it on a public meeting agenda. “They can’t supplement the meeting notice by putting stuff in backup that people have to go dig out. They have to use words that clearly put the public on notice of the subject they are going to consider and the more public interest there is in the matter, the more specific that meeting notice needs to be,” Aleshire told El Paso Matters. He said the agenda should also have listed the specific changes that would be voted on and named the schools that would have been affected. Canutillo Independent School District Communications Director Gustavo Reveles told El Paso Matters the district believes the agenda is proper because the process has been discussed during previous board meetings. “The agenda identified the topic of discussion as the proposed program change recommendations of the administration. The specific policy being discussed was identified. The actions for consideration were to begin the processes that would have closed or consolidated schools, not to move to close the campuses,” Reveles said. “However, we acknowledge that agenda wording could have been clearer. The district will study remedies and ensure efforts to maintain compliance.” The meeting came three days after voters narrowly approved two bond proposals Saturday totaling $387 million to consolidate campuses and build new schools, make improvements and upgrades to others and pay off debt the district took on to purchase laptops for students during the pandemic. Under the bond, the district will replace Deanna Davenport Elementary and Alderete Middle Schools with new campuses in the Enchanted Hills subdivision near the Franklin Mountains, and replace Canutillo Middle School with a new Upper Valley campus. The Canutillo ISD board previously discussed the possibility of closing Davenport Elementary and consolidating the two middle schools as cost-cutting measures while the new schools are being built. The district is facing a $6 million deficit and is projecting an even larger deficit in the coming school year. During the meeting, the board also voted unanimously to eliminate 30 teaching positions for the 2024-25 school year, 28 of which were already vacant. District staff said they would make efforts to ensure the two remaining teachers will not lose their jobs and will be transferred to new positions. Staff who attended Tuesday’s meeting asked the board not to close Davenport Elementary until a new facility is built. “If we combine schools, our classrooms will have higher student-to-teacher ratios and possibly need to make an expensive purchase of portables and maybe even buses,” Deanna Davenport Elementary School Principal Guadalupe Montañez said during the meeting. “Relocating Deana Davenport before the new school is built will impact students as they will have to move twice within a few years. This is a lot of change to ask of our students.” Since the board voted not to close any schools, Aleshire said the district likely won’t face any legal action. “There’s a limit to what remedy you can get in court, and that would be to reverse their action. If they didn’t close any schools, then there’s nothing for the court to reverse but that doesn’t mean they didn’t violate the (Texas Open Meetings) Act,” he said. 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