Lawsuit challenges decision to ban PSJA ISD trustee from the boardroom

McALLEN, Texas (ValleyCentral) — Can a school district ban a trustee from the boardroom?

After months of litigation, the 13th Court of Appeals may answer that question, which is a hot topic at school districts across the Rio Grande Valley.

PSJA ISD censured Trustee Cynthia A. Gutierrez in June, when a majority of the school board reprimanded her for “prioritizing political gamesmanship and self-promotion over the District’s educational mission.”

As part of her punishment, Gutierrez was banned from the boardroom and forced to attend meetings by videoconference.

“It’s a gross abuse of governmental authority,” said her attorney, Samuel Reyes of Edinburg.

Gutierrez responded with a lawsuit, which challenged both the censure and her punishment.

“In my community, people know that I speak up for what’s right. That I ask questions that are sometimes hard to ask,” Gutierrez said. “And so why would I not fight when it comes to my rights? So that’s the reason I filed the lawsuit.”

Visiting Judge Rogelio Valdez allowed the school board to censure Gutierrez but struck down the ban.

“The Court further orders that all future PSJA school board meetings shall be conducted as previously held before this censure was entered,” according to an injunction Valdez signed on Sept. 9.

The case may set a precedent.

During the past three years, at least three school boards in the Rio Grande Valley banned trustees from the boardroom.

In 2023, the Hidalgo school board censured Trustee Raymundo “Ray” Martinez for attempting to improperly influence personnel decisions.

Martinez said the school board censured him for political reasons and denied any wrongdoing.

As punishment, Hidalgo ISD banned him from district property, Martinez said, and forced him to attend meetings by videoconference.

Martinez won his re-election campaign in 2024 and returned to the boardroom.

On June 2, 2025, the La Villa school board censured Trustee Yesenia Morales after two alcohol-related arrests that “caused public embarrassment to La Villa ISD.”

The school board punished Morales by refusing to pay her travel expenses and banning her from district property.

“Trustee Morales may only participate in Board meetings remotely via Zoom or other approved platforms,” according to a resolution signed by the school board president.

PSJA ISD slapped Gutierrez with a similar punishment on June 25.

In a resolution, the school board reprimanded Gutierrez for seven reasons, including:

* “Announcing that a Trustee’s husband sought District business — knowing the Trustee’s husband had been deceased for years — with the intent to embarrass and unsettle that Trustee.”

* “Publicly decrying the rebid of an insurance contract — despite full knowledge of the Board’s legitimate reasons to terminate the prior vendor — to imply corruption and erode public trust.”

* “Disregarding established graduation protocols by personally deviating from administration instructions during diploma presentations and student interactions, making the ceremony about herself rather than celebrating students.”

Gutierrez prepared a point-by-point rebuttal, but a majority of the school board disagreed with her.

Trustees voted 5-1 to ban Gutierrez from all “school campuses, administrative offices, and the Board Room.” The resolution also prohibited Gutierrez from attending commencement, graduation and football games.

“Notwithstanding this exclusion, Trustee Gutierrez may participate in Board meetings only remotely — via Microsoft Teams or Zoom,” according to the resolution.

Attorneys with O’Hanlon, Demerath and Castillo, a firm that specializes in education law, advised Hidalgo ISD, La Villa ISD and PSJA ISD on the resolutions.

The La Villa ISD and PSJA ISD resolutions cited the Texas Education Code, which allows school districts to ban people from public property, and the Texas Open Meetings Act, which allows public officials to participate in meetings by videoconference.

Gutierrez challenged her censure and the ban in court.

Requiring her to attend meetings by videoconference is part of a campaign of intimidation and harassment, Reyes said, adding that PSJA ISD is trying to make Gutierrez a “second-class” trustee.

“And why is that? It’s because she’s asking questions,” Reyes said. “Perfectly reasonable questions that her constituents are asking — and, for the sake of transparency, should be answered.”

The judge allowed PSJA ISD to censure Gutierrez but lifted the ban, allowing her to attend board meetings in person.

PSJA ISD appealed.

“By law, the filing of the appeal automatically stays the trial court’s injunction. This means the order cannot be enforced while the appeal is pending, and the adopted Board Censure is still in place and enforceable,” PSJA ISD said in a statement released by the district’s law firm. “The appellate court will now review the matter and issue a ruling in due course.”

Reyes disagreed with the district.

“I’m instructing my client that Judge Valdez’s order is still valid,” Reyes said, unless the 13th Court of Appeals rules otherwise.

Gutierrez plans to attend the Sept. 22 board meeting in person.

“And, if they want to continue removing me,” Gutierrez said, “and being escorted by our police department and our chief, they can do so.”