Judge temporarily blocks CCISD budget, tax rate, VATRE, school consolidations

October 05, 2026

by By Schelly Bartels & CJ Vetter

Lawsuit alleges Open Meetings Act violations; temporary injunction hearing set for Oct. 14

A Calhoun County district judge has temporarily blocked Calhoun County ISD from implementing its 2026-27 budget and tax rate, administering its Nov. 3 voter-approval tax rate election (VATRE) and carrying out school consolidation decisions, while a lawsuit alleging violations of the Texas Open Meetings Act moves forward.

The temporary restraining order, signed Oct. 1 by District Judge Julie C. Bauknight in the 24th District Court, also restrains the district from implementing or enforcing the closure and consolidation of Port O’Connor Elementary School and the transfer of Seadrift School seventh- and eighth-grade students to Travis Middle School.

The lawsuit was filed by Calhoun County residents Brandy Boriskie, Melissa Gee, Lauren Griffith, Leslie Morris, Samantha Morales, Tammy Rigamonti and Lacey Vasquez against CCISD, the CCISD Board of Trustees, Board President Bill Shrader and Superintendent Evan Cardwell.

The plaintiffs allege district officials violated the Texas Open Meetings Act in connection with decisions involving Port O’Connor Elementary and Seadrift School and later failed to provide proper notice for the Aug. 17 meeting at which trustees adopted the district’s 2026-27 budget and tax rate and called the VATRE.

The allegations have not been proven in court.

The Port Lavaca Wave contacted Cardwell Sunday seeking the district’s response to the lawsuit, whether the district intends to challenge the order or seek other immediate relief and what immediate effect the order will have on district operations, the adopted budget and the upcoming election. Cardwell had not responded as of publication Monday. The story will be updated if a response is received.

School decisions challenged

The lawsuit challenges the process that led to CCISD’s decision to close Port O’Connor Elementary and move Seadrift’s seventh- and eighth-grade students to Travis Middle School.

The plaintiffs allege discussions and communications concerning the changes occurred before trustees took action in an open meeting and contend the decisions were effectively made outside the public process.

The petition alleges those communications amounted to prohibited deliberations outside a properly convened public meeting, including what the plaintiffs describe as a “walking quorum.” It also challenges whether the agendas provided sufficiently specific notice to the public about the actions trustees were considering.

The petition specifically challenges notices for the June 15 and July 20 meetings. According to the lawsuit, the June 15 agenda listed consideration of a resolution to consolidate Port O'Connor Elementary and a separate item concerning consolidation involving Seadrift School. Trustees postponed action June 15, then voted 5-2 on July 20 to approve plans to close and consolidate Port O'Connor Elementary and move Seadrift seventh- and eighth-graders to Travis Middle School.

Those assertions are allegations contained in the plaintiffs’ petition. The order does not make a final determination on whether they occurred or violated the Open Meetings Act.

The school changes have been among a series of measures undertaken by CCISD as it responds to declining enrollment and continuing budget deficits.

Two different meeting times

The lawsuit also challenges the Aug. 17 meeting at which trustees adopted the 2026-27 budget and tax rate and took action related to the VATRE.

At the center of that claim are two different meeting times.

According to the petition, the legally required public notice for the budget and proposed tax rate advertised a hearing beginning at 5:30 p.m., while the district’s posted board agenda listed the meeting for 6 p.m.

The plaintiffs allege the board did not convene the hearing at 5:30 p.m. and contend the conflicting notices deprived members of the public of proper notice and an opportunity to participate before trustees acted on the budget and tax rate.

Trustees subsequently adopted a 2026-27 general fund budget projecting approximately $41.83 million in revenue and $46.52 million in expenditures, leaving a projected deficit of approximately $4.69 million.

The board also adopted a total tax rate of $0.7725 per $100 of property valuation and called a Nov. 3 VATRE.

The VATRE asks voters to approve three additional pennies on the district's maintenance and operations tax rate. District officials have said the election would generate approximately $1.5 million in additional recurring revenue.

The order now restrains the district from implementing or enforcing the budget and tax rate adopted Aug. 17 and from administering the VATRE, including placing the proposition on the ballot.

Exactly what that means for the Nov. 3 election — and for CCISD’s operations under the adopted budget — was among the questions the Wave submitted to Cardwell Sunday.

What happens next

The order is temporary and does not constitute a final finding that CCISD or its officials violated the law.

A temporary restraining order is intended to preserve the status quo until the court can consider whether longer-lasting temporary relief is warranted.

A hearing on the plaintiffs’ request for a temporary injunction is scheduled for 10 a.m. Oct. 14. At that hearing, the parties will have an opportunity to argue whether the restrictions should remain in place while the underlying lawsuit proceeds.

In their lawsuit, the plaintiffs ask the court to declare the challenged actions void and prevent CCISD from implementing them.

The temporary restraining order is set to expire at 4:50 p.m. Oct. 15 unless it is extended by the court or by agreement of the parties.

The litigation comes as CCISD is working to address a projected $4.69 million general fund deficit for 2026-27 through campus consolidation, personnel reductions and additional recurring revenue through the VATRE.

The lawsuit now places several of those actions, including the school consolidations, adopted budget and tax rate and VATRE, before the court at the same time.