How at-large voting creates conservative majorities on Texas school boards

This article is co-published with ProPublica, a nonprofit newsroom that investigates abuses of power. Sign up for ProPublica’s Big Story newsletter to receive stories like this one in your inbox as soon as they are published. Also, sign up for The Brief, our daily newsletter that keeps readers up to speed on the most essential Texas news.

In 2019, the Keller Independent School District in North Texas looked a lot like its counterpart just 30 miles to the east in the Dallas suburb of Richardson. Each served about 35,000 children and had experienced sharp increases in the racial diversity of students in recent decades. Each was run by a school board that was almost entirely white.

In the five years since, the districts have followed strikingly divergent paths as culture war battles over how to teach race and gender exploded across the state.

In Keller, candidates backed by groups seeking to limit the teaching of race and gender took control of the school board and immediately passed sweeping policies that gave outsized power to any individual who wanted to prevent the purchase of books they believed to be unsuitable for children.

Though more than half of Keller’s students are from racially diverse backgrounds, the district in 2023 nixed a plan to buy copies of a biography of Black poet Amanda Gorman after a teacher at a religious private school who had no children in the district complained about this passage: “Amanda realized that all the books she had read before were written by white men. Discovering a book written by people who look like her helped Amanda find her own voice.” The passage, the woman wrote, “makes it sound like it’s okay to judge a book by the authors skin color rather than the content of the book.”

Board members at the Richardson school district went in the opposite direction, even as they contended with similar pressure from groups aiming to rid the district of any materials that they claimed pushed critical race theory, an advanced academic concept that discusses systemic racism. The school board did not ban library books but instead allowed parents to limit their own children’s access to them, keeping them available for other students.

One major difference contributed to the districts’ divergence: the makeup of their school boards.

The way communities elect school board members plays a key, if often overlooked, role in whether racially diverse districts like Keller and Richardson experience takeovers by ideologically driven conservatives seeking to exert greater influence over what children learn in public schools, ProPublica and The Texas Tribune found. Since the pandemic, such groups have successfully leveraged the state’s long-standing and predominantly at-large method of electing candidates to flip school boards in their direction.

Most of Texas’ 1,000 school districts use an at-large method, where voters can cast ballots for all candidates. Supporters say that allows for broader representation for students, but voting rights advocates argue that such systems dilute the power of voters of color. If board members are elected districtwide, there tends to be less diversity, according to research, which also shows that if they are elected by smaller geographic zones, candidates of color often have more success.

“What you’re seeing happening in Texas is how at-large districts make it easy for somebody to come in, usually from the outside, and hijack the process and essentially buy a board,” said Michael Li, senior counsel for the Democracy Program at the Brennan Center for Justice, a nonprofit public policy institute that champions small-donor campaign financing. “Because of this conflux of factors — at-large elections and large amounts of outside money — it just sort of defeats the idea of representative democracy.”

ProPublica and the Tribune examined 14 rapidly diversifying suburban school districts where children from diverse backgrounds now make up more than half of the student population. In the six districts that used at-large voting systems, well-funded and culture-war-driven movements successfully helped elect school board members who have moved aggressively to ban or remove educational materials that teach children about diversity, even in districts where a majority of children are not white. Nearly 70% of board members in such districts live in areas that are whiter than their district’s population.

Eight nearby school systems with similar demographics employ single-member voting systems to elect school board candidates. Under the single-member system, voters within certain boundaries elect a board member who specifically represents their area. Candidates in those districts received less campaign support from ideologically driven political action committees, and none of the districts experienced school board takeovers fueled by culture war issues.

About 150 Texas school districts have transitioned to a single-member system since the Voting Rights Act of 1965, which is intended to prevent voter discrimination and has brought greater racial representation to local governments. Richardson joined that list in 2019 after a former Black board member sued the district.

Such legal challenges, however, could soon become more difficult. In one of his first acts in office, President Donald Trump froze civil rights litigation against school districts accused of discriminating against minority groups, and many legal experts believe that under his administration, federal prosecutors will refuse to bring challenges against at-large systems. DOJ officials did not respond to questions from the news organizations.

Trump, a staunch critic of diversity and inclusion programs, has threatened to cut federal funding to schools that he says are pushing “inappropriate racial, sexual or political content onto the shoulders of our children.”

Districts whose boards oppose sweeping efforts to restrict curriculum and books related to race and racism face even more headwinds in Texas. In January, Gov. Greg Abbott vowed to ban diversity, equity and inclusion initiatives in public schools, a move that would expand the state’s existing ban on college campuses. And Texas lawmakers continue to target the books students can access. One bill, authored by North Texas state Sen. Angela Paxton, the wife of Attorney General Ken Paxton, would require every district in the state to follow a version of Keller’s library book purchase policy.

The president of the Keller board, Charles Randklev, did not respond to multiple requests for comment, and the district did not answer written questions. District officials have previously said that the board represents all students, not just those in a specific neighborhood or area.

But Laney Hawes, the parent of four students in the district and an outspoken critic of the school board, said the policy on library purchases spawned a backdoor channel to banning materials about race. That, she said, has deprived her children of reading books about Americans like Gorman that provide points of view they might not find otherwise.

“They have created a system that allows anyone in the community to complain about any book for any reason, and now that book is not on library shelves,” said Hawes, who is white. She added that the book does not contain any sexually explicit material and was strictly targeted because it dealt with race.

“They just hate the racial undertones.”

 “Up against a machine”

School districts across Texas have drawn considerable attention for removing books from their shelves, but board members in Keller went further when they passed a policy in August 2022 that, in practice, allowed community members to block proposed purchases.

Students spoke out against the district’s removal policies during a board meeting months later, pleading for access to books about race. One biracial student, who has since graduated, told the board that books about characters from different racial backgrounds helped her feel more accepted.

“All kids deserve to see themselves in literature,” the student said. “Racial minorities being written into a story does not instantly equate the book to being propaganda. Having books that mirror the experience of race is not pushing an agenda. It’s simply documenting the hardships that consistently happen to most students of color that they’re able to relate to. Concealing ideas just because they tell an uncomfortable truth is not protecting your children.”

The students’ pleas didn’t sway the board, and by July 2023, challenges to such books began pouring in.

One person opposed the purchase of “Jim Crow: Segregation and the Legacy of Slavery.” The person, who did not provide their name, pointed to a photo of a young girl participating in a Black Lives Matter protest with the caption: “Just as in the past, people continue fighting for change.” They also took issue with this quote: “You can’t ‘get over’ something that is still happening. Which is why black Americans can’t ‘get over’ slavery or Jim Crow.”

The photo and the quotes, the book challenger said, were “potentially CRT,” showed the Black Lives Matter Movement in “a positive light” and claimed “oppression is still happening.”

Another person challenged the planned purchase of “Our Skin: A First Conversation About Race,” saying that the book started “beautifully,” but that “unfortunately tenets of CRT, social justice, and anti-white activism are portrayed.” The person, who used a pseudonym, did not offer specifics.

Administrators removed those books, the Gorman biography and 26 others from the purchase list after receiving the complaints, according to district officials. Librarians can reinstate books on future lists, but 75% of those flagged for further review never made it to the shelves, an online search of district libraries shows. That includes the three books about race.

Hawes, who heads two PTA groups at her children’s schools, said book challenges and complaints have come from allies of school board members. In 2022, Patriot Mobile Action, a North Texas Christian nationalist PAC funded by a cellphone company, spent more than $115,000 supporting three ideologically driven conservatives running for control of the school board.

Leigh Wambsganss, Patriot Mobile’s spokesperson and executive director of the PAC, declined to comment but said in a 2022 podcast that the PAC chose candidates based on their Christian conservative views and sought out those who “absolutely would stand against critical race theory.” Patriot Mobile supported eight candidates in three other North Texas districts that used at-large voting during the same election cycle. All of them won their races.

“We weren’t prepared for what was coming,” Hawes said. “We were literally up against a machine.”

Another PAC, KISD Family Alliance, spent $50,000 to help elect the same Keller school board candidates. Its donors included conservative activist Monty Bennett, who previously told the Tribune that he believes schools have been taken over by ideologues “pushing their outlandish agendas.” Neither Bennett nor the PAC’s treasurer responded to requests for comment.

The slate of Keller candidates, whose combined campaign war chests dwarfed that of their opponents’ by a more than 4 to 1 margin, focused their agendas squarely on culture war issues related to library books and curriculum.

“While I have many priorities I want to focus on, if concerns over child safety, and sexualization and politicization of children make me a one-issue candidate, so be it. I will be a one-issue candidate all day long,” Joni Shaw Smith wrote on her campaign website. Smith, who is now a board member, declined to comment.

Her election contributed to what would become a sweep of the seven seats on the board. Five of those seats are held by board members who live in the city of Keller, where three-quarters of residents are white and the median household income of more than $160,000 is among the highest in the state.

Most of the Keller district’s 42 schools, however, are located in the more diverse neighborhoods of Fort Worth.

A different approach

Thirty miles away, the makeup of Richardson’s school board changed dramatically after the district settled a lawsuit filed in 2018 by David Tyson Jr. He argued that the continued use of at-large voting to select candidates was a “relic of the district’s segregated past.”

Tyson became the district’s first Black board member when he was elected in 2004. After he retired in 2010, he watched with growing consternation as no candidates from diverse backgrounds followed in his footsteps, even though students of color accounted for nearly 70% of the district’s population.

Frustrated, Tyson sued Richardson, challenging its system for electing candidates under the Voting Rights Act of 1965. He and Richardson officials settled the lawsuit in 2019, and the district converted primarily to a system in which candidates needed to live within specific boundaries and receive a majority of votes from residents who also lived within those boundaries to be elected.

As ideologically driven candidates swept Keller school board elections, similar efforts played out differently in Richardson. In 2022, two candidates supported by groups seeking to limit instruction and library books that deal with race and gender ran against two candidates of color with differing views. A local PAC that accused the district of teaching “CRT nonsense” in a mailer hired the same Republican campaign consulting firm that was working in support of the Keller candidates.

Despite being outspent 2-to-1, the candidates of color won their elections. Their wins gave Richardson four board members of diverse backgrounds, a remarkable evolution from an all-white board just three years earlier. And, as nearby districts began mass removals of library books dealing with race and gender, the Richardson school board embraced an “opt-out” process to give concerned parents control over their children’s reading “without impacting the choices of other families who may have different values, wishes or expectations.”

Opponents say opt-out systems do not go far enough in protecting students from materials they deem objectionable.

“Single-member districts benefited us in making sure our school board maintains the diversity, and diversity of thought, we have, and not just fall into those culture wars,” said Vanessa Pacheco, one of the board members who won.

Pacheco said not being consumed by such fights allowed the board to focus on “real stuff” like dual-language classes for elementary students, expanding pre-K opportunities and scheduling school events for parents in the evenings and on weekends to account for working families.

So striking was the district’s atmosphere following the 2022 election that a Dallas Morning News commentary dubbed Richardson a “no-drama district” in a sea of school boards consumed by fights over race and gender.

Tyson, whose lawsuit set the stage for the Richardson school board’s dramatic transformation, said that the shift in voting methods has accomplished what he had hoped for.

“The goal was to get representation,” he said. “We’re a majority-minority school district, and so we need to have a majority-minority representation on the school board.”

“Now or never”

Hawes watched as voters down the road in Richardson rejected candidates seeking to limit what the district’s diverse student body could read and learn. She watched as the board itself grew increasingly diverse. And she watched with a touch of envy as the district embraced the idea that parents and community members who opposed certain books should not make decisions for every child in the district.

With Richardson as their north star, Hawes and a growing number of concerned parents began discussing ways to force the Keller school district to adopt what they believed was a more representative voting system. It wasn’t just a question of race for Hawes. It was also about geographic diversity. Board members who live in the city of Keller hold a majority, even though less than a third of students in the district attend schools there.

So last year, Hawes and other concerned parents met with law firms and the NAACP and began planning a petition drive that would require the board to hold an election to do away with at-large voting. Members planned to meet in January to finalize a strategy.

Then, in mid-January, the Keller school board shocked many in the community by proposing to split the district in two, separating the whiter, more affluent city of Keller to the east from the neighborhoods of northern Fort Worth, which are home to the majority of the district’s students, including many who are low income. Like many districts in the state, Keller faces a massive budget shortfall.

Randklev, the board president, defended the split as financially beneficial for both districts in a Facebook post last month. He also wrote that “neighboring school districts have been forced into single-member districts, and that’s a no-win situation regardless of where you live.”

He did not explain his position but said the proposed split “could provide programming opportunities that best reflect local community goals and values and foster greater parent and community involvement.”

But many parents, including Dixie Davis, who previously ran unsuccessfully for the board, said the proposed change would leave the vast majority of the district’s low-income student population, and most of its students of color, with uncertain access to facilities like an advanced learning center and the district’s swimming complex.

On Friday, board members abandoned plans to divide the school district in two, citing the cost of restructuring the district’s debt. But their push to split the district has further energized efforts by some parents to do away with at-large voting. Brewer Storefront, the same law firm that fought to change the voting system in Richardson, has filed a similar legal challenge in federal court against Keller and concerned parents have launched a petition drive to force the district to vote on its at-large system. The district has not yet filed a response to the lawsuit and did not respond to multiple requests for comment.

“With the momentum and uproar around this proposed district split, it’s now or never to get this done,” Davis said. “It’ll be a huge uphill battle, but this is our best shot.”

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