Klein ISD police officers issued criminal trespass warnings to disability advocates who tried to inspect special education classrooms at Benfer Elementary in September 2023, according to court filings in a federal lawsuit now awaiting a ruling on cross-motions for summary judgment.

Disability Rights Texas, a federally mandated agency authorized to monitor public schools for abuse and neglect of people with disabilities, filed the suit in U.S. District Court for the Southern District of Texas. The organization alleges Klein ISD blocked its advocates from accessing special education classrooms for more than a year after parents complained about the district's programs, FOX 26 Houston reported Friday, Aug. 21.

A federal judge has already denied Klein ISD's motion to dismiss. Both sides have now filed motions for summary judgment, asking the court to rule without a full trial. No hearing date has been announced.

Senior litigation attorney Shiloh Carter of Disability Rights Texas told FOX 26 that unescorted access matters when monitoring vulnerable or nonverbal students.

"It's important for the persons with disabilities to feel like we are independent and that they can speak to us in a confidential manner. And so, 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.

In a statement to FOX 26, Klein ISD said it has cooperated with Disability Rights Texas on campus access in the past and that its visitor policies requiring administrative approval exist to protect student privacy and campus security. The district declined to address specific allegations, citing the pending litigation. The statement did not directly dispute or confirm the Benfer Elementary trespass-warning incident.

Separate from aide arrest

The lawsuit is a separate legal proceeding from the criminal case against former Klein ISD classroom aide James Theodor Broussard, 26, of Spring, who was arrested on a felony injury-to-a-child charge after allegedly injuring a 9-year-old student just five days into the school year. Broussard is held in Harris County Jail on $30,000 bond.

Both cases involve special education oversight. Klein ISD serves 51,236 students across 50 campuses in Harris County.

As we reported, Texas law requires parents to submit a written request each school year to activate cameras in self-contained special education classrooms. Cameras are not turned on automatically.

The federal judge's ruling on the summary judgment motions will determine whether the case goes to trial or is resolved on the filings.