Beaumont ISD is facing legal action going into trustee election in May.
BISD says three trustees are up for re-election. In districts 4, 6, and 7.
But five Beaumont residents filed to run in districts 1, 3, 5, and 7.
District officials informed four of those candidates Monday at a drawing to determine ballot order that the seats would not be on the ballot.
Three of those individuals have retained attorneys. One of the lawyers is Mike Getz and he says because he was out of town Tuesday he will be filing a lawsuit Wednesday.
He says all seven seats should be up for grabs unless the district adopts a resolution to the contrary by 90 days before the election.
School district attorney Melody Chappell says the Secretary of State's office does not interpret the law in that way.
That 90 day deadline has passed so if Getz is correct, board President Woodrow Reece and board members Terry Williams and Zenobia Bush could lose their seats because they did not file for re-election.
"No I'm not concerned. Based on last years election those people would have a seat until 2015 and the other three it was their time to run," Board President Woodrow Reece.
Trustee Mike Neil told us he filed as a precautionary measure. Getz is referring to Texas education codes 11.052 and 11.053.
School district attorney Melody Chappell told us that the board has a policy that takes care of that provision so there is no problem with trustees fulfilling their terms.
There will be a special board meeting on Friday to discuss the upcoming elections.