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Conroe ISD Appeals TEA Board Vacancy Ruling

**Conroe ISD Challenges State Over School Board Vacancy Interpretation**

**CONROE, TX** – A legal and administrative dispute is escalating between Conroe Independent School District (CISD) and the Texas Education Agency (TEA) over the proper method to fill a vacant school board seat, a disagreement rooted in differing interpretations of state education law. The controversy centers on the Precinct 2, Position 5 seat, currently occupied by Sarah Wood, whose tenure is now in question following a ruling from TEA Commissioner Mike Morath.

The vacancy arose when Melissa Nelson, who held the seat, resigned on December 21, 2023, to assume her new role as a state representative, which she officially began on January 9, 2024. Nelson’s original term was not set to expire until November 2026.

Conroe ISD moved to fill the position by appointment, citing Texas Education Code Section 11.060(d). The district’s interpretation was that because the vacancy occurred more than 180 days before what they considered the “next general board election” in May 2024, they had the authority to appoint a replacement. Consequently, on February 20, 2024, the Conroe ISD Board of Trustees appointed Sarah Wood to the seat and subsequently canceled a special election previously scheduled for May 4, 2024.

However, on March 22, 2024, TEA Commissioner Mike Morath intervened, issuing a letter that declared Wood’s appointment invalid. Commissioner Morath’s ruling hinges on a different reading of the same statute. The TEA asserts that Section 11.060(d) mandates a special election if a vacancy occurs more than 180 days before the “next general election for the board,” particularly when the unexpired term extends for more than a year.

The core of the disagreement lies in the definition of “next general election for the board.” While Conroe ISD viewed May 2024 as the relevant timeframe, the TEA considers the “next general election for the board” to be May 2025 for seats with full terms. Since Nelson’s resignation on December 21, 2023, occurred more than 180 days prior to May 2025, Commissioner Morath concluded that state law required Conroe ISD to call a special election rather than make an appointment.

As a result, Sarah Wood’s position on the Conroe ISD Board of Trustees is now uncertain. Conroe ISD has formally appealed Commissioner Morath’s decision, signaling their intent to challenge the state’s interpretation.

If Conroe ISD’s appeal is unsuccessful, the district would be compelled to call a special election to fill the Precinct 2, Position 5 seat. This election would likely take place on November 5, 2024, coinciding with the nationwide general election, to allow voters to definitively choose who will serve the remainder of Nelson’s term through November 2026. The outcome of the appeal will have significant implications for local school governance and the interpretation of state education code regarding board vacancies.

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