The recent election may have concluded, but the effort to hold Texas officials accountable is just getting underway. The Austin Independent School District (AISD) has suspended its cooperation with a state investigation into its expenditures, contesting the authority of the state comptroller to interrogate district employees. The district is seeking clarification on why investigators are inquiring about library books, sex education, and student identification records.
This decision follows the recent ousting of Republican Comptroller Don Huffines, whose office initiated the investigation at the behest of Governor Greg Abbott, who requested audits of up to four school districts.
A spokesperson for AISD confirmed that state investigators did not arrive for a planned visit on Monday after the district informed the comptroller’s office on Friday that it would cease participation in the investigation.
In response, Huffines criticized AISD for attempting to evade scrutiny of its financial practices and pledged to continue the investigation without the district’s cooperation. His office stated that investigators had already conducted site visits at the other three districts under review.
“I have news for the leadership of AISD. You can run, but you can’t hide,” Huffines declared. “Our review will continue, and a full report will be published with or without your cooperation.”
Austin ISD was one of four districts selected for review by Huffines’ office in October, with the goal of assessing whether taxpayer funds were being allocated effectively towards students, classrooms, and teachers, rather than for administrative growth. Findings from these reviews are due by December 31, ahead of the upcoming legislative session.
In a four-page letter sent on Friday, AISD General Counsel Kenneth Walker raised several concerns, questioning the comptroller’s authority to conduct extensive interviews with employees, the feasibility of completing the investigation within the given timeframe, and the relevance of certain records requested by investigators.
“Consequently, we respectfully discontinue our participation and will not be available next week, November 9-13 for any site visits or interviews,” Walker stated in the letter.
The recent election results have also cast a shadow over the future of the investigation. Following her victory over Huffines, Austin-area Senator Sarah Eckhardt indicated in her first press conference that she would restrict the reviews to focus solely on financial matters, rather than examining library books and hiring practices.
Eckhardt received a copy of AISD’s letter, but her office directed inquiries to her earlier statements about curtailing the reviews immediately.
Despite the uncertainty, Huffines remains in office, and the reviews are still expected to conclude before Eckhardt assumes her role.
In his Monday statement, Huffines accused district officials of obstructing scrutiny but did not directly respond to AISD’s queries regarding the legality of employee interviews or the rationale behind requests for library and curriculum records.
Austin ISD has indicated it could resume cooperation if the comptroller’s office adequately addresses its concerns. The district highlighted that it has already submitted hundreds of pages of documentation and anticipated that investigators would interview between 30 to 40 employees, some for extended periods, while assessing various district programs and facilities.
However, with the final report due by December 31, AISD expressed skepticism about the comptroller’s ability to conduct a thorough evaluation of information from all districts. The district argued that the process lacked follow-up visits or a guaranteed opportunity for review and response to findings prior to publication.
“As of now, the process as described and the associated timeline cast significant doubt on the accuracy of any final product of this investigation,” Walker wrote.
The district also questioned whether the comptroller possesses the legal authority to mandate employee interviews. AISD referenced a section of the Texas Tax Code that requires public officials to provide records during certain investigations, asserting that the statute does not clearly impose the same obligation for interviews.
The letter suggested that the scope of the investigations had broadened unexpectedly, as district officials initially anticipated that only 12 senior administrators would be interviewed. However, on November 5, the comptroller’s office identified over 32 employees for questioning.
“The inconsistency, coupled with the large number of staff identified, has prompted a question for us as to whether there is authority to interview Austin ISD staff at all,” the letter stated.
Perhaps the most significant challenge from the district pertained to the nature of the information being sought, particularly why investigators were requesting records that seemed unrelated to the primary objective of reviewing school spending.
While the comptroller’s office maintained that it was examining whether district spending complied with state law and prioritized classroom needs over administrative costs, its document requests included the district’s library catalog, policies on human sexuality education, and data regarding student enrollment using Social Security numbers as well as state-approved alternative identification numbers.
“The motivations for this investigation do not seem aligned with the statutory purpose,” Walker noted. “Put differently, there is no clear scope.”
