The Ninth Circuit Court of Appeals Friday denied an emergency motion for interim relief, clearing the way for the Beaumont Independent School District's May election.
Three candidates Thursday filed suit against the district, demanding a "lawful, legal election."
Friday's ruling means the district will conduct an election in May using the existing district maps. The new map that was approved by the Board of Trustees has not yet been approved by the Department of Justice.
Attorneys representing Marcelino Rodriguez, Donna Jean Forgas and Linda Marie Wiltz Gilmore filed their grievance in the Ninth Circuit Court of Appeals.
Attorney Mike Getz says BISD was legally required to either open up all seats on the board for election or adopt a resolution to grant a waiver within 90 days of the election.
Getz says the waiver was not given.
In their response, BISD said the suit filed misled the court by failing to cite full Texas election codes, also noting that BISD's board provides for the staggering of terms for trustee elections through at least 2019.
Their statement read "In a response filed today in the Ninth Judicial District Court of Appeals, Chappell expressed to the court that Relators Marcelino Rodriguez, Donna Jean Forgas and Linda Marie Wiltz Gilmore misled the court by failing to cite Texas Election Code Section 276.006 and BISD Board Policy BBB. "…as they have cited 17 different sections from the Election Code in their Petition. Surely, they saw Section 276.006 which was only three sections from the sections they cited." Board Policy BBB (local) provides for the staggering of terms for trustee elections through at least 2019, Chappell responded.
She further commented on a Petition filed yesterday by Paul Jones who asked the court to postpone the May 11 school board election until November. His petition says the postponement would allow the school district to fully meet Department of Justice requirements.