HOUSTON (CBSDFW.COM/AP) — Education advocates in Texas are challenging a plan to replace their elected school board with a state-appointed one.

Lawmakers decided in 2015 to require state education officials to either close a school that failed for over four years or select a board to run the district. Texas Education Commissioner Mike Morath chose the latter and announced his plans last week for the Houston Independent School District.

The decision follows the release of a report detailing Wheatley High School’s poor performance and the board’s alleged wrongdoing.

Houston ISD is suing the state, arguing that the takeover would disenfranchise black and Hispanic voters.

Houston Federation of Teachers President Zeph Capo says the union is considering whether to join the lawsuit, which claims Texas Education Agency officials have no authority to replace the board.