Paxton: Conroe ISD Local Quorum Policy Prevails

**Texas AG Upholds Conroe ISD’s Stricter Quorum Policy, Requiring Five Members for Board Business**

**CONROE, TX – May 20, 2024** – The Conroe Independent School District (CISD) Board of Trustees will continue to operate under its existing, more stringent quorum rules, following a definitive opinion issued by Texas Attorney General Ken Paxton on May 16, 2024. The opinion clarifies that despite a new state law, CISD’s local policy requiring five members for a quorum stands, even with current vacancies on the nine-member board.

The request for clarification came from Conroe ISD Superintendent Dr. Curtis Null, prompted by a new state law, House Bill 1404, which took effect on September 1, 2023. HB 1404 introduced a revised method for calculating a quorum for boards with vacancies, defining it as a majority of *current* members. This contrasted with Conroe ISD’s long-standing board policy, which defined a quorum as a majority of *all elected* members – meaning five out of the full nine-member board.

The need for this clarification became particularly acute after the resignation of Trustee Stacey Chase in August 2023, reducing the active board membership from nine to seven. Under HB 1404’s new calculation for vacant boards, a majority of the seven current members would have been four. However, Conroe ISD’s existing policy still mandated five members for a quorum. This discrepancy raised concerns about the legality and validity of board actions taken with only four members present, potentially opening the district to legal challenges.

“Ensuring the legal integrity of our board’s actions is paramount,” Dr. Null stated in a press release following the opinion’s release. “With the introduction of HB 1404, and a vacancy on our board, it was crucial to get an official interpretation from the Attorney General to avoid any ambiguity or future disputes regarding our quorum requirements. We appreciate the clarity provided by General Paxton’s office.”

Paxton’s 10-page opinion concluded that while HB 1404 does establish a general rule for quorum calculation when vacancies exist, it specifically *does not override* a school district’s own policy if that local policy is more restrictive than the state law. In essence, the AG’s office affirmed the principle of local control, stating that if a local board’s rule requires a higher number of members for a quorum than the state’s minimum, that local rule prevails.

“The Attorney General’s opinion reinforces that local policies, when more stringent, take precedence,” explained a district spokesperson. “For Conroe ISD, our board policy requiring five members for a quorum, even with seven active trustees, is indeed more restrictive than what HB 1404 would have mandated. This means our board will continue to uphold its long-standing, more rigorous standard for conducting official business.”

The opinion provides much-needed certainty for the Conroe ISD Board as it navigates its responsibilities. Board meetings will continue to require a minimum of five trustees present to conduct official business, upholding their own long-standing, more stringent policy. This decision underscores the importance of local governance standards in Texas public education.

House Bill 1404, passed during the 88th legislative session, was part of a broader effort to provide school districts with more flexibility in managing board vacancies and ensuring continued functionality. It addressed how vacancies are filled and how boards operate in the interim. While it aimed to streamline some processes, Paxton’s opinion highlights that it did not intend to diminish more robust local governance standards where they already exist.

The Conroe ISD, one of the largest and fastest-growing school districts in Texas, serves over 70,000 students across 67 campuses. The board’s decisions impact a significant portion of Montgomery County.

The full opinion, marked KP-0457, is publicly available on the Texas Attorney General’s website at www.texasattorneygeneral.gov. Further details on Conroe ISD’s board policies can be found on the district’s official website, www.conroeisd.net.