A school district board of trustees voted to terminate the contract of a probationary teacher at the end of the school year. The teacher filed a lawsuit, alleging that the board violated the Texas Open Meetings Act over the course of 22 meetings. Because of these alleged violations, the teacher argued that all actions taken by the school district during these meetings were void, including the termination of the teacher’s probationary contract.

Physical notice for each meeting was posted to the inside of an external glass door at the district's administrative building. These notices identified the date, time and place of each meeting. Notices also were posted on the district’s website. However, due to an issue arising from the district's transfer to a new website platform, notice of the meetings was not posted on the district’s website for approximately five months. Once the district became aware that the notices were not being posted online, the district took action to correct the issue.

The trial court dismissed the teacher's claim and she appealed to the court of appeals. The court of appeals noted that the Open Meetings Act requires that a school district post written notice of the date, time, place and subject of each meeting of the board of trustees in a place that is readily accessible to the general public at least 72 hours before the scheduled meeting. The law further requires that a school district must post notice of each meeting on its website. However, a failed good faith attempt to post a notice to its website is excused if the failure was due to a technical problem beyond the control of the school district.

In this case, the district hired a third-party vendor to create a new website. The vendor failed to create a hyperlink on the website where the meeting notices were to be published. The employee responsible for posting the notices continued to use the same process to create and post notices to the website that she had always used, not realizing that they were not being published on the new website due to the missing hyperlink. Once the error was discovered, it was immediately corrected. The court of appeals found that this constituted a good faith attempt to comply with the posting requirement that excused the district’s failure to post notices to its website and affirmed the lower court's dismissal of the lawsuit.