Klein ISD must open its special education classrooms to independent disability monitors after a federal judge ruled the district violated federal law by blocking access.

U.S. District Judge Alfred H. Bennett signed a permanent injunction on Monday, Sept. 28, ordering the district to grant Disability Rights Texas (DRTx) reasonable, unaccompanied access to campuses, as FOX 26 Houston first reported. The ruling also requires the district to allow private communication between DRTx advocates and students with disabilities.

The judgment was entered against Superintendent Jenny McGown and board member Cathy Arellano in their official capacities. The court dismissed the claim against McGown in her individual capacity with prejudice.

DRTx is the state's federally designated protection and advocacy organization for people with disabilities. The group sought access to Klein ISD campuses, which serve approximately 51,236 students across 50 campuses in Harris County, after parents complained about special education programs.

How the dispute started

The conflict traces to Sept. 15, 2023, when Klein ISD police officers issued verbal criminal trespass warnings to DRTx staff attempting to inspect special education classrooms at Benfer Elementary. The advocates were threatened with arrest, according to court filings.

Klein ISD defended its visitor restrictions as measures to protect student privacy and campus security. A federal judge denied the district's motion to dismiss, and both sides filed motions for summary judgment before Bennett issued the final ruling.

In an August 2026 statement to FOX 26, Klein ISD said it remained committed to complying with legal requirements and had worked with DRTx to facilitate campus access in the past. No post-judgment statement from the district has been confirmed.

What the injunction requires

The protocols, which the parties submitted to the court in February 2026, spell out detailed access rules:

  • DRTx can enter campus areas used by or accessible to students with disabilities and observe classroom instruction.
  • The district cannot require DRTx conversations with students, teachers or staff to be monitored, recorded or attended by district employees.
  • Staff escorts are limited to movement between locations. Once advocates arrive at a classroom, escorts must move out of sight and hearing.
  • For the first monitoring visit each school year, DRTx must give written notice and propose a time for an initial tour within seven calendar days. After that, visits generally do not require advance notice.
  • The district cannot retaliate against anyone for communicating with or providing information to DRTx. Employees cannot question students, parents or staff about their conversations with the organization.

Klein ISD has 14 days from the judgment to provide a copy of the order to every campus principal and the Klein ISD police chief. The order must include instructions that the 2023 trespass warnings do not prevent access required by the judgment.

The injunction is permanent.

Shiloh Carter, a senior litigation attorney with DRTx, told FOX 26 in August that unescorted access matters because students and parents need to speak freely. "If we have the principal or a director or someone there, that kind of chills the effect of students who may have concerns or parents who may have concerns being able to speak freely with us," Carter said.

Attorneys' fees and litigation costs had not been confirmed as of FOX 26's Oct. 6 report. The court retains jurisdiction to enforce or modify the order.