Trustees voted 4-3 to propose the termination of Fagen’s contract at their July 23 meeting.
The proposed termination came more than two months after trustees voted to place Fagen on paid administrative leave and three months after the board voted to release the findings of a Title IX investigation into her husband, former HISD Athletic Director Troy Kite.
Deputy Superintendent Roger Brown was appointed to serve as acting superintendent in May.
Fagen, who was not present at the July 23 meeting, will now have an opportunity to appeal the board’s decision to the Texas Education Agency, which district officials said could take months to conclude.
What trustees are saying
Board President Chris Parker and trustees Michael Grabowski, Robert Scarfo and Ken Kirchhofer voted July 23 in favor of Fagen’s proposed removal; trustees Martina Lemond Dixon, Robert Sitton and Marques Holmes cast dissenting votes.
Prior to the vote, Lemond Dixon said she disagreed with the reasoning presented for Fagen’s proposed removal, which she cited as “a failure to maintain a relationship with the board.” She said Fagen has never been provided with any documentation supporting that claim or an improvement plan.
Reading from Fagen’s contract, Sitton said trustees can fire the superintendent with cause for showing “incompetence or inefficiency in the performance of required or assigned duties as documented by evaluations, supplemental memoranda, or other written communication.”
However, Sitton said Fagen could not be fired for good cause unless the board provided her with a reasonable opportunity to remediate any incompetency or inefficiency.
“We have done none of that,” Sitton said.
Grabowski claimed he had seen ample evidence of alleged wrongdoing by Fagen. However, he said he couldn’t provide details because of her option to appeal the decision.
Kirchhofer said Fagen lied to him about her intention to leave the district while she was being considered for a superintendent position in Nevada in May.
“[Fagen] said, ‘If I don’t get the Reno job, I’ll hand you my resignation,’” Kirchhofer said. “The trust broke.”
Community Impact was unable to reach Fagen for comment.
How it played out
- March 2022: Fagen discloses her relationship with Kite to the board of trustees
- May 2023: Title IX complaint is filed against Kite by an athletic department staff member; Fagen recused herself from the investigation
- August-November: Investigation into the Title IX complaint is conducted by The Ortiz Law Firm
- April 2024: Trustees vote to release findings of Title IX investigation and accept Kite’s retirement
- May: HISD trustees vote to place Fagen on paid administrative leave and appoint Deputy Superintendent Roger Brown to serve as acting superintendent
- July: Trustees vote to propose the termination of Fagen’s contract
- July-August: Projected window for Fagen to receive notice of board action, which would begin her 15-day window to appeal the board’s decision to the TEA
- October-December: Projected window for an independent hearing to be conducted should Fagen appeal the board’s decision
Fagen took on the role of HISD superintendent in July 2016. During her tenure, Fagen:
- Oversaw HISD recovery efforts after Hurricane Harvey in 2017
- Oversaw a $775 million bond package approved by voters in 2022
- Has seen her annual salary rise from $298,000 to roughly $349,000
- Oversaw district growth from around 41,400 students to roughly 48,000 students
Fagen, whose annual salary is around $349,000, is under contract until June 2028. Lemond Dixon suggested the district might be have to pay the roughly $1.5 million remainder of her contract.
HISD Chief Communications Officer Jamie Mount said the district will not be responsible for the remainder of Fagen’s contract as long as the board follows the legal process outlined in the Texas Education Code.
Lemond Dixon also pointed to at least $1.5 million the district has already spent on investigations related to Kite.
“I’m under the feeling that some of y’all think money just grows on trees, and taxpayers are going to foot the bill. ... Some of y’all need to fire yourselves," said HISD parent Larissa Powell.
What's next
Ellen Spalding, who provides legal counsel for the district, said Fagen will be provided with notice of the vote to terminate her employment. After receiving notice, Fagen will have 15 days to appeal the decision.
Mount said the district couldn’t confirm whether Fagen has filed an appeal. Inquiries sent to O’Hanlon, Demerath & Castillo—the law firm representing Fagen—have not been returned as of press time.
If Fagen declines to appeal the decision, the item will come back to board members to make a final decision on Fagen’s termination, Spalding said. If Fagen appeals the decision, the TEA will appoint an independent hearing examiner who will hold a hearing within 60-105 days.
Spalding said the hearing would allow both sides to present evidence supporting their case. Following the hearing, the examiner would provide a written recommendation of proposed findings of facts and conclusions of law.
Spalding said the board would then take a final vote on Fagen’s termination. If trustees decide to terminate Fagen’s contract, Mount said trustees would determine the appropriate action needed to find Fagen’s replacement.
