School board members receiving school contracts. is this legal

[eepto0237]

What is the name of your state (only U.S. law)? Texas
Is it legal for school board members to do business with schools within the district they are board members and bid on school contracts? My photography company had built up a nice following among elementary schools in a certain district. One year all of the schools from this district dropped me as their photographer. it turns out the superintendent instructed them they could only use local photographers from their town. However, the only photographer in town happened to be a long sitting school board member. I live in the neighboring town which is 4 miles away and in which are located 5 or so professional photographers that do school student pictures. I was informed by the principals of my schools that they wanted to continue using me because my prices were lower and my packages were bigger than the board members, however, they were afraid of losing their job if they went against the superintendent. They felt it was illegal for the district to do this and were uncomfortable following along, but again were afraid to say anything. Is what they're doing legal? if not, who would I litigate against, the district or the board member personally? what would be the best way to handle this.

 

[Humusluvr]

What is the name of your state (only U.S. law)? Texas
Is it legal for school board members to do business with schools within the district they are board members and bid on school contracts? My photography company had built up a nice following among elementary schools in a certain district. One year all of the schools from this district dropped me as their photographer. it turns out the superintendent instructed them they could only use local photographers from their town. However, the only photographer in town happened to be a long sitting school board member. I live in the neighboring town which is 4 miles away and in which are located 5 or so professional photographers that do school student pictures. I was informed by the principals of my schools that they wanted to continue using me because my prices were lower and my packages were bigger than the board members, however, they were afraid of losing their job if they went against the superintendent. They felt it was illegal for the district to do this and were uncomfortable following along, but again were afraid to say anything. Is what they're doing legal? if not, who would I litigate against, the district or the board member personally? what would be the best way to handle this.

I would start by checking here:

Texas Education Agency - Office of Legal Services Division

and possibly calling the number provided to ask your question.

It appears the school board member has a conflict of interest, and is violating the Texas Education Code

TEA Special Accreditation Investigations for School Governance Matters
TEA’s authority to investigate school governance matters of an independent school district is under Chapter 39; Subchapter D. Sanctions;Special Accreditation Investigation (TEC §39.057). Specifically, the Commissioner of Education authorizes a special accreditation investigation, under TEC §39.057(a)(6), in response to conflict between members of the board of trustees or between the board and the district administration if it appears that the conflict involves a violation of a duty of the board members or the administration that is clearly defined in the TEC.

Complaints alleging violations of TEC requirements must be signed and written. Additionally, documentation and facts on which the allegations are based must be included with the complaint. The complaint should be mailed to TEA Correspondence Manager; Education Services; 1701 N. Congress Ave.; Austin, TX 78701-1494.

Before you start lodging complaints, I would make an attempt to rectify this yourself. Write a letter to the superintendent, quoting all the material I just provided, and ask to have your studio reconsidered for school photos. If the superintendent says no, you may need to take this before the school board. If they say no, file your complaint. It's OBVIOUSLY a conflict of interest.