CHAPTER 7. STATE ORGANIZATION

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EDUCATION CODE

TITLE 2. PUBLIC EDUCATION

SUBTITLE B. STATE AND REGIONAL ORGANIZATION AND GOVERNANCE

CHAPTER 7. STATE ORGANIZATION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 7.001. DEFINITION. In this chapter, "board" means the

State Board of Education.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 7.002. TEXAS EDUCATION AGENCY: COMPOSITION AND PURPOSE.

(a) The commissioner of education and the agency staff comprise

the Texas Education Agency.

(b) The agency shall carry out the educational functions

specifically delegated under Section 7.021, 7.055, or another

provision of this code.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 7.003. LIMITATION ON AUTHORITY. An educational function

not specifically delegated to the agency or the board under this

code is reserved to and shall be performed by school districts or

open-enrollment charter schools.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 7.004. SUNSET PROVISION. The Texas Education Agency is

subject to Chapter 325, Government Code (Texas Sunset Act).

Unless continued in existence as provided by that chapter, the

agency is abolished September 1, 2013.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Amended by:

Acts 2005, 79th Leg., Ch.

1227, Sec. 1.05(a), eff. September 1, 2005.

Acts 2006, 79th Leg., 3rd C.S., Ch.

5, Sec. 8.01, eff. May 31, 2006.

Acts 2009, 81st Leg., 1st C.S., Ch.

2, Sec. 2.01, eff. July 10, 2009.

Sec. 7.005. COOPERATION BETWEEN STATE AGENCIES OF EDUCATION.

The State Board of Education and the Texas Higher Education

Coordinating Board, in conjunction with other appropriate

agencies, shall ensure that long-range plans and educational

programs established by each board provide a comprehensive

education for the students of this state under the jurisdiction

of that board, extending from early childhood education through

postgraduate study. In assuring that programs are coordinated,

the boards shall use the P-16 Council established under Section

61.076.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 2003, 78th Leg., ch. 820, Sec. 36, eff.

Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

921, Sec. 4.001, eff. September 1, 2007.

Sec. 7.006. COORDINATION OF RECORDS. The commissioner of

education and the commissioner of higher education shall ensure

that records relating to student performance held by the Texas

Education Agency and the Texas Higher Education Coordinating

Board are coordinated and maintained in standardized, compatible

formats that permit:

(1) the exchange of information between the agencies; and

(2) the matching of individual student records so that a

student's academic performance may be assessed throughout the

student's educational career.

Added by Acts 2001, 77th Leg., ch. 834, Sec. 1, eff. Sept. 1,

2001.

Sec. 7.008. PUBLIC ACCESS TO PEIMS DATA. (a) The commissioner

with the assistance of an advisory panel described by Subsection

(b) shall develop a request for proposal for a qualified

third-party contractor to develop and implement procedures to

make available, through the agency Internet website, all

financial and academic performance data submitted through the

Public Education Information Management System (PEIMS) for school

districts and campuses.

(b) The commissioner shall appoint an advisory panel to assist

the commissioner in developing requirements for a system that is

easily accessible by the general public and contains information

of primary relevance to the public. The advisory panel shall

consist of:

(1) educators;

(2) interested stakeholders;

(3) business leaders; and

(4) other interested members of the public.

(1) a summarized format easily understood by the public for

reporting financial and academic performance information on the

agency Internet website; and

(2) the ability for those who access the Internet website to

view and download state, district, and campus level information.

(d) This section does not authorize the disclosure of student

information that may not be disclosed under the Family

Educational Rights and Privacy Act of 1974 (20 U.S.C. Section

1232g). The commissioner shall adopt rules to protect the

confidentiality of student information.

(e) The procedures to make available, through the agency

Internet website, all financial and academic performance

information for school districts and campuses as described by

this section shall be implemented not later than August 1, 2007.

This subsection expires August 1, 2009.

Added by Acts 2006, 79th Leg., 3rd C.S., Ch.

5, Sec. 2.02, eff. May 31, 2006.

Sec. 7.009. BEST PRACTICES; CLEARINGHOUSE. (a) In coordination

with the Legislative Budget Board, the agency shall establish an

online clearinghouse of information relating to best practices of

campuses, school districts, and open-enrollment charter schools.

The agency shall determine the appropriate topic categories for

which a campus, district, or charter school may submit best

practices. To the extent practicable, the agency shall ensure

that information provided through the online clearinghouse is

specific, actionable information relating to the best practices

of high-performing and highly efficient campuses, districts, and

open-enrollment charter schools and of academically acceptable

campuses, districts, and open-enrollment charter schools that

have demonstrated significant improvement in student achievement

rather than general guidelines relating to campus, district, and

open-enrollment charter school operation. The information must

be accessible by campuses, school districts, open-enrollment

charter schools, and interested members of the public.

(b) The agency shall solicit and collect from the Legislative

Budget Board, centers for education research established under

Section 1.005, and school districts, campuses, and

open-enrollment charter schools examples of best practices as

determined by the agency under Subsection (a).

third-party contractors to develop, implement, and maintain a

system of collecting and evaluating the best practices of

campuses, school districts, and open-enrollment charter schools

as provided by this section. In addition to any other

considerations required by law, the agency must consider an

applicant's demonstrated competence and qualifications in

analyzing campus, school district, and open-enrollment charter

school practices in awarding a contract under this subsection.

(d) The commissioner may purchase from available funds

curriculum and other instructional tools identified under this

section to provide for use by school districts and

open-enrollment charter schools.

Added by Acts 2006, 79th Leg., 3rd C.S., Ch.

5, Sec. 2.02, eff. May 31, 2006.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1058, Sec. 1, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch.

895, Sec. 1, eff. June 19, 2009.

Sec. 7.010. ELECTRONIC STUDENT RECORDS SYSTEM. (a) In this

section, "institution of higher education" has the meaning

assigned by Section 61.003.

(b) Each school district, open-enrollment charter school, and

institution of higher education shall participate in an

electronic student records system that satisfies standards

approved by the commissioner of education and the commissioner of

higher education.

authorized state or district official or an authorized

representative of an institution of higher education to

electronically transfer to and from an educational institution in

which the student is enrolled and retrieve student transcripts,

including information concerning a student's:

(1) course or grade completion;

(2) teachers of record;

(3) assessment instrument results;

(4) receipt of special education services, including placement

in a special education program and the individualized education

program developed; and

(5) personal graduation plan as described by Section 28.0212.

(d) The commissioner of education or the commissioner of higher

education may solicit and accept grant funds to maintain the

electronic student records system and to make the system

available to school districts, open-enrollment charter schools,

and institutions of higher education.

(e) A private or independent institution of higher education, as

defined by Section 61.003, may participate in the electronic

student records system under this section. If a private or

independent institution of higher education elects to

participate, the institution must provide the funding to

participate in the system.

(f) Any person involved in the transfer and retrieval of student

information under this section is subject to any state or federal

law governing the release of or providing access to any

confidential information to the same extent as the educational

institution from which the data is collected. A person may not

release or distribute the data to any other person in a form that

contains confidential information.

Added by Acts 2006, 79th Leg., 3rd C.S., Ch.

5, Sec. 3.01, eff. May 31, 2006.

SUBCHAPTER B. TEXAS EDUCATION AGENCY

Sec. 7.021. TEXAS EDUCATION AGENCY POWERS AND DUTIES. (a) The

agency shall perform the educational functions provided by

Subsection (b).

(b)(1) The agency shall administer and monitor compliance with

education programs required by federal or state law, including

federal funding and state funding for those programs.

(2) The agency shall conduct research, analysis, and reporting

to improve teaching and learning.

(3) The agency shall conduct hearings involving state school law

at the direction and under the supervision of the commissioner.

(4) The agency shall establish and implement pilot programs

established by this title.

(5) The agency shall carry out the duties relating to the

investment capital fund under Section 7.024.

(6) The agency shall develop and implement a teacher recruitment

program as provided by Section 21.004.

(7) The agency shall carry out duties under the Texas Advanced

Placement Incentive Program under Subchapter C, Chapter 28.

(8) The agency shall carry out powers and duties relating to

adult and community education as required under Subchapter H,

Chapter 29.

(9) The agency shall develop a program of instruction in driver

education and traffic safety as provided by Section 29.902.

(10) The agency shall carry out duties assigned under Section

30.002 concerning children with visual impairments.

(11) The agency shall carry out powers and duties related to

regional day school programs for the deaf as provided under

Subchapter D, Chapter 30.

(12) The agency shall establish and maintain an electronic

information transfer system as required under Section 32.032,

maintain and expand telecommunications capabilities of school

districts and regional education service centers as required

under Section 32.033, and establish technology demonstration

programs as required under Section 32.035.

(13) The agency shall review school district budgets, audit

reports, and other fiscal reports as required under Sections

44.008 and 44.010 and prescribe forms for financial reports made

by or for school districts to the commissioner or the agency as

required under Section 44.009.

(14) The agency shall cooperate with the Texas Higher Education

Coordinating Board in connection with the Texas partnership and

scholarship program under Subchapter P, Chapter 61.

concerning a project related to education, including the

provision of school lunches and the construction of school

buildings. Not later than the 30th day before the date the agency

enters into an agreement under this subsection concerning a new

project or reauthorizing a project, the agency must provide

written notice, including a description of the project, to:

(1) the governor;

(2) the Legislative Budget Board; and

(3) the presiding officers of the standing committees of the

senate and of the house of representatives with primary

jurisdiction over the agency.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.01, eff.

Sept. 1, 1997.

Sec. 7.022. INTERNAL AUDIT. The auditor appointed by the

commissioner under Section 7.055 shall coordinate the agency's

efforts to evaluate and improve its internal operations.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 1997, 75th Leg., ch. 1122, Sec. 1, eff.

Sept. 1, 1997.

Sec. 7.023. AGENCY EMPLOYMENT POLICY. A decision of the agency

relating to employment shall be made without regard to a person's

race, color, disability, sex, religion, age, or national origin.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 7.024. INVESTMENT CAPITAL FUND. (a) The investment

capital fund consists of money appropriated for purposes of the

fund. The agency shall administer the fund. The purposes of

this fund are to assist eligible public schools to implement

practices and procedures consistent with deregulation and school

restructuring in order to improve student achievement and to help

schools identify and train parents and community leaders who will

hold the school and the school district accountable for achieving

high academic standards.

(b) The commissioner may make grants from the fund to eligible

schools.

demonstrated a commitment to campus deregulation and to

restructuring educational practices and conditions at the school

by entering into a partnership with:

(1) school staff;

(2) parents of students at the school;

(3) community and business leaders;

(4) school district officers;

(5) a nonprofit, community-based organization that has a

demonstrated capacity to train, develop, and organize parents and

community leaders into a large, nonpartisan constituency that

will hold the school and the school district accountable for

achieving high academic standards; and

(6) the agency.

(d) A grant from the fund shall be made directly to the school

and may be used for the training and development of school staff,

parents, and community leaders in order that they understand and

implement the academic standards and practices necessary for high

academic achievement, appropriate strategies to deregulate and

restructure the school in order to improve student achievement,

and effective strategies to organize parents and community

leaders into a large, nonpartisan constituency that will hold the

school and the school district accountable for achieving high

academic standards. The grant may be used to implement strategies

developed by the partners that are designed to enrich or extend

student learning experiences outside of the regular school day.

(e) The commissioner may make a grant of up to $50,000 each

academic year to an eligible school. Campus administration

personnel of a school that receives a grant under this section

are accountable to the commissioner of education and must

demonstrate:

(1) the responsible use of the grant to achieve campus

deregulation and restructuring to improve academic performance;

(2) a comprehensive plan to engage in ongoing development and

training of teachers, parents, and community leaders to:

(A) understand academic standards;

(B) develop effective strategies to improve academic

performance; and

leaders to hold the school and school district accountable to

achieve high academic standards;

(3) ongoing progress in achieving higher academic performance;

and

(4) ongoing progress in identifying, training, and organizing

parents and community leaders who are holding the school and the

school district accountable for achieving high academic

standards.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 1999, 76th Leg., ch. 937, Sec. 1, eff.

Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1328, Sec. 2, eff. September 1, 2009.

Sec. 7.025. YMCA ACCOUNT. The YMCA account is a separate

account in the general revenue fund. The account is composed of

money deposited to the credit of the account under Section

502.299, Transportation Code, as added by Chapter 433, Acts of

the 76th Legislature, Regular Session, 1999. The Texas Education

Agency administers the account and may spend money credited to

the account only to make grants to benefit the youth and

government programs sponsored by the Young Men's Christian

Associations located in Texas.

Added by Acts 2001, 77th Leg., ch. 869, Sec. 2(b), eff. June 14,

2001.

Sec. 7.026. DONATIONS FOR USE RELATED TO CARDIOPULMONARY

RESUSCITATION (CPR) INSTRUCTION. (a) The agency may accept

donations, including donations of equipment, for use in providing

cardiopulmonary resuscitation (CPR) instruction to students. The

agency:

(1) shall distribute the donations to school districts for the

purpose of providing CPR instruction to students under Sections

28.0023 and 29.903; and

(2) may use a portion of the donations to the extent necessary

to pay administrative expenses related to the donations.

(b) The commissioner may adopt rules as necessary to implement

this section.

Added by Acts 2001, 77th Leg., ch. 814, Sec. 1, eff. June 14,

2001. Renumbered from Education Code Sec. 7.025 by Acts 2003,

78th Leg., ch. 1275, Sec. 2(11), eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1371, Sec. 2, eff. June 15, 2007.

Sec. 7.027. TEXAS MUSIC FOUNDATION ACCOUNT. (a) The Texas

Music Foundation account is established as a separate account in

the general revenue fund. The account is composed of money

deposited to the credit of the account under Section 504.639,

Transportation Code. Money in the account may be used only for

the purposes of this section.

(b) The Music, Film, Television, and Multimedia Office in the

governor's office shall administer the account. The agency may

spend money credited to the account only to make grants to

benefit music-related educational and community programs

sponsored by nonprofit organizations based in this state. An

administration fee of $5 per license plate shall be retained by

the Music, Film, Television, and Multimedia Office for

performance of administrative duties.

Added by Acts 2003, 78th Leg., ch. 1320, Sec. 8, eff. Sept. 1,

2003.

Sec. 7.028. LIMITATION ON COMPLIANCE MONITORING. (a) Except as

provided by Section 29.001(5), 29.010(a), 39.056, or 39.057, the

agency may monitor compliance with requirements applicable to a

process or program provided by a school district, campus,

program, or school granted charters under Chapter 12, including

the process described by Subchapter F, Chapter 11, or a program

described by Subchapter B, C, D, E, F, H, or I, Chapter 29,

Subchapter A, Chapter 37, or Section 38.003, and the use of funds

provided for such a program under Subchapter C, Chapter 42, only

as necessary to ensure:

(1) compliance with federal law and regulations;

(2) financial accountability, including compliance with grant

requirements; and

(3) data integrity for purposes of:

(A) the Public Education Information Management System (PEIMS);

and

(B) accountability under Chapter 39.

(b) The board of trustees of a school district or the governing

body of an open-enrollment charter school has primary

responsibility for ensuring that the district or school complies

with all applicable requirements of state educational programs.

Added by Acts 2003, 78th Leg., ch. 201, Sec. 4, eff. Sept. 1,

2003.

Renumbered from Education Code, Section 7.027 by Acts 2005, 79th

Leg., Ch.

728, Sec. 23.001(9), eff. September 1, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

895, Sec. 2, eff. June 19, 2009.

Sec. 7.029. MEMORANDUM OF UNDERSTANDING REGARDING EXCHANGE OF

INFORMATION FOR STUDENTS IN FOSTER CARE. (a) The agency and the

Department of Family and Protective Services shall enter into a

memorandum of understanding regarding the exchange of information

as appropriate to facilitate the department's evaluation of

educational outcomes of students in foster care. The memorandum

of understanding must require:

(1) the department to provide the agency each year with

demographic information regarding individual students who during

the preceding school year were in the conservatorship of the

department following an adversarial hearing under Section

262.201, Family Code; and

(2) the agency, in a manner consistent with federal law, to

provide the department with aggregate information regarding

educational outcomes of students for whom the agency received

demographic information under Subdivision (1).

(b) For purposes of Subsection (a)(2), information regarding

educational outcomes includes information relating to student

academic achievement, graduation rates, school attendance,

disciplinary actions, and receipt of special education services.

research centers established under Section 1.005 with demographic

information regarding individual students received by the agency

in accordance with Subsection (a)(1), as appropriate to allow the

centers to perform additional analysis regarding educational

outcomes of students in foster care. Any use of information

regarding individual students provided to a center under this

subsection must be approved by the department.

(d) Nothing in this section may be construed to:

(1) require the agency or the department to collect or maintain

additional information regarding students in foster care; or

(2) allow the release of information regarding an individual

student in a manner not permitted under the Family Educational

Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g) or

another state or federal law.

Added by Acts 2009, 81st Leg., R.S., Ch.

1372, Sec. 1, eff. June 19, 2009.

Sec. 7.031. GRANTS. (a) The agency may seek, accept, and

distribute grants awarded by the federal government or any other

public or private entity for the benefit of public education,

subject to the limitations or conditions imposed by the terms of

the grants or by other law.

(b) Unless otherwise prohibited by federal law, the commissioner

may determine, solely for purposes of the program's eligibility

to receive federal grant funds, for the purpose of technology

services and support, that a Head Start program operated in this

state by a school district or a community-based organization

serves the function of an elementary school by providing

elementary education at one or more program facilities.

(1) does not entitle a Head Start program to receive state funds

for which the program would not otherwise be eligible;

(2) may not reduce the amount of federal grant funds available

for school districts and open-enrollment charter schools; and

(3) may not be appealed.

Added by Acts 2009, 81st Leg., R.S., Ch.

603, Sec. 1, eff. June 19, 2009.

Sec. 7.037. REPORTING SCHEDULE. (a) To the extent possible,

the Texas Education Agency shall develop and maintain a

comprehensive schedule that addresses each reporting requirement

generally applicable to a school district, including requirements

imposed by a state agency or entity other than the Texas

Education Agency, and that specifies the date by which a school

district must comply with each requirement.

(b) A state agency that requires a school district to

periodically report information to that agency shall provide the

Texas Education Agency with information regarding the reporting

requirement as necessary to enable the Texas Education Agency to

develop and maintain the schedule required by Subsection (a).

format of the schedule required by Subsection (a) and the manner

in which the schedule is made readily accessible to school

districts.

Added by Acts 2009, 81st Leg., R.S., Ch.

1156, Sec. 1, eff. September 1, 2009.

SUBCHAPTER C. COMMISSIONER OF EDUCATION

Sec. 7.051. SELECTION OF THE COMMISSIONER. The governor, with

the advice and consent of the senate, shall appoint the

commissioner of education.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 7.052. TERM OF OFFICE. The commissioner serves a term of

office of four years commensurate with the term of the governor.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 7.053. REMOVAL FROM OFFICE. The governor, with the advice

and consent of the senate, may remove the commissioner from

office as provided by Section 9, Article XV, Texas Constitution.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 7.054. QUALIFICATION. The commissioner must be a citizen

of the United States.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 7.055. COMMISSIONER OF EDUCATION POWERS AND DUTIES. (a)

The commissioner has the powers and duties provided by Subsection

(b).

(b)(1) The commissioner shall serve as the educational leader of

the state.

(2) The commissioner shall serve as executive officer of the

agency and as executive secretary of the board.

(3) The commissioner shall carry out the duties imposed on the

commissioner by the board or the legislature.

(4) The commissioner shall prescribe a uniform system of forms,

reports, and records necessary to fulfill the reporting and

recordkeeping requirements of this title.

(5) The commissioner may delegate ministerial and executive

functions to agency staff and may employ division heads and any

other employees and clerks to perform the duties of the agency.

(6) The commissioner shall adopt an annual budget for operating

the Foundation School Program as prescribed by Subsection (c).

(7) The commissioner may issue vouchers for the expenditures of

the agency and shall examine and must approve any account to be

paid out of the school funds before the comptroller may issue a

warrant.

(8) The commissioner shall file annually with the governor and

the Legislative Budget Board a complete and detailed written

report accounting for all funds received and disbursed by the

agency during the preceding fiscal year.

(9) The commissioner shall have a manual published at least once

every two years that contains Title 1 and this title, any other

provisions of this code relating specifically to public primary

or secondary education, and an appendix of all other state laws

relating to public primary or secondary education and shall

provide for the distribution of the manual as determined by the

board.

(10) The commissioner may visit different areas of this state,

address teachers' associations and educational gatherings,

instruct teachers, and promote all aspects of education and may

be reimbursed for necessary travel expenses incurred under this

subdivision to the extent authorized by the General

Appropriations Act.

(11) The commissioner may appoint advisory committees, in

accordance with Chapter 2110, Government Code, as necessary to

advise the commissioner in carrying out the duties and mission of

the agency.

(12) The commissioner shall appoint an agency auditor.

(13) The commissioner may provide for reductions in the number

of agency employees.

(14) The commissioner shall carry out duties relating to the

investment capital fund under Section 7.024.

(15) The commissioner shall review and act, if necessary, on

applications for waivers under Section 7.056.

(16) The commissioner shall carry out duties relating to

regional education service centers as specified under Chapter 8.

(17) The commissioner shall distribute funds to open-enrollment

charter schools as required under Subchapter D, Chapter 12.

(18) The commissioner shall adopt a recommended appraisal

process and criteria on which to appraise the performance of

teachers, a recommended appraisal process and criteria on which

to appraise the performance of administrators, and a job

description and evaluation form for use in evaluating counselors,

as provided by Subchapter H, Chapter 21.

(19) The commissioner shall coordinate and implement teacher

recruitment programs under Section 21.004.

(20) The commissioner shall perform duties in connection with

the certification and assignment of hearing examiners as provided

by Subchapter F, Chapter 21.

(21) The commissioner shall carry out duties under the Texas

Advanced Placement Incentive Program under Subchapter C, Chapter

28.

(22) The commissioner may adopt rules for optional extended year

programs under Section 29.082.

(23) The commissioner shall monitor and evaluate prekindergarten

programs and other child-care programs as required under Section

29.154.

(24) The commissioner, with the approval of the board, shall

develop and implement a plan for the coordination of services to

children with disabilities as required under Section 30.001.

(25) The commissioner shall develop a system to distribute to

school districts or regional education service centers a special

supplemental allowance for students with visual impairments as

required under Section 30.002.

(26) The commissioner, with the assistance of the comptroller,

shall determine amounts to be distributed to the Texas School for

the Blind and Visually Impaired and the Texas School for the Deaf

as provided by Section 30.003 and to the Texas Youth Commission

as provided by Section 30.102.

(27) The commissioner shall establish a procedure for resolution

of disputes between a school district and the Texas School for

the Blind and Visually Impaired under Section 30.021.

(28) The commissioner shall perform duties relating to the

funding, adoption, and purchase of textbooks under Chapter 31.

(29) The commissioner may enter into contracts concerning

technology in the public school system as authorized under

Chapter 32.

(30) The commissioner shall adopt a recommended contract form

for the use, acquisition, or lease with option to purchase of

school buses under Section 34.009.

(31) The commissioner shall ensure that the cost of using school

buses for a purpose other than the transportation of students to

or from school is properly identified in the Public Education

Information Management System (PEIMS) under Section 34.010.

(32) The commissioner shall perform duties in connection with

the public school accountability system as prescribed by Chapter

39.

(33) Repealed by Acts 1999, 76th Leg., ch. 397, Sec. 8, eff.

Sept. 1, 1999.

(34) The commissioner shall perform duties in connection with

the equalized wealth level under Chapter 41.

(35) The commissioner shall perform duties in connection with

the Foundation School Program as prescribed by Chapter 42.

(36) The commissioner shall establish advisory guidelines

relating to the fiscal management of a school district and report

annually to the board on the status of school district fiscal

management as required under Section 44.001.

(37) The commissioner shall review school district audit reports

as required under Section 44.008.

(38) The commissioner shall perform duties in connection with

the guaranteed bond program as prescribed by Subchapter C,

Chapter 45.

(39) The commissioner shall cooperate with the Texas Higher

Education Coordinating Board in connection with the Texas

partnership and scholarship program under Subchapter P, Chapter

61.

(40) The commissioner shall suspend the certificate of an

educator or permit of a teacher who violates Chapter 617,

Government Code.

(41) The commissioner shall adopt rules relating to

extracurricular activities under Section 33.081 and approve or

disapprove University Interscholastic League rules and procedures

under Section 33.083.

operating the Foundation School Program must be in accordance

with legislative appropriations and provide funds for the

administration and operation of the agency and any other

necessary expense. The budget must designate any expense of

operating the agency or operating a program for which the board

has responsibility that is paid from the Foundation School

Program. The budget must designate program expenses that may be

paid out of the foundation school fund, other state funds, fees,

federal funds, or funds earned under interagency contract. Before

adopting the budget, the commissioner must submit the budget to

the board for review and, after receiving any comments of the

board, present the operating budget to the governor and the

Legislative Budget Board. The commissioner shall provide

appropriate information on proposed budget expenditures to the

comptroller to assure that all payments are paid from the

appropriate funds in a timely and efficient manner.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.01, eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1423, Sec. 5.01, eff.

Sept. 1, 1997; Acts 1999, 76th Leg., ch. 397, Sec. 8, eff. Sept.

1, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 4.001(a), eff.

Sept. 1, 2001.

Sec. 7.056. WAIVERS AND EXEMPTIONS. (a) Except as provided by

Subsection (e), a school campus or district may apply to the

commissioner for a waiver of a requirement, restriction, or

prohibition imposed by this code or rule of the board or

commissioner.

(b) A school campus or district seeking a waiver must submit a

written application to the commissioner not later than the 31st

day before the campus or district intends to take action

requiring a waiver. The application must include:

(1) a written plan approved by the board of trustees of the

district that states the achievement objectives of the campus or

district and the inhibition imposed on those objectives by the

requirement, restriction, or prohibition; and

(2) written comments from the campus- or district-level

committee established under Section 11.251.

the commissioner must notify the school campus or district in

writing that the application is denied not later than the 30th

day after the date on which the application is received. If the

commissioner does not notify the school campus or district of an

objection within that time, the application is considered

granted.

(d) A waiver granted under this section is effective for the

period stated in the application, which may not exceed three

years. A school campus or district for which a requirement,

restriction, or prohibition is waived under this section for a

period of three years may receive an exemption from that

requirement, restriction, or prohibition at the end of that

period if the campus or district has fulfilled the achievement

objectives stated in the application. The exemption remains in

effect until the commissioner determines that achievement levels

of the campus or district have declined.

(e) Except as provided by Subsection (f), a school campus or

district may not receive an exemption or waiver under this

section from:

(1) a prohibition on conduct that constitutes a criminal

offense;

(2) a requirement imposed by federal law or rule, including a

requirement for special education or bilingual education

programs; or

(3) a requirement, restriction, or prohibition relating to:

(A) essential knowledge or skills under Section 28.002 or high

school graduation requirements under Section 28.025;

(B) public school accountability as provided by Subchapters B,

C, D, E, and J, Chapter 39;

participation in a University Interscholastic League area,

regional, or state competition under Section 33.0812;

(D) health and safety under Chapter 38;

(E) purchasing under Subchapter B, Chapter 44;

(F) elementary school class size limits, except as provided by

Section 25.112;

(G) removal of a disruptive student from the classroom under

Subchapter A, Chapter 37;

(H) at-risk programs under Subchapter C, Chapter 29;

(I) prekindergarten programs under Subchapter E, Chapter 29;

(J) educator rights and benefits under Subchapters A, C, D, E,

F, G, and I, Chapter 21, or under Subchapter A, Chapter 22;

(K) special education programs under Subchapter A, Chapter 29;

(L) bilingual education programs under Subchapter B, Chapter 29;

(M) the requirements for the first day of instruction under

Section 25.0811.

(f) A school district or campus that is required to develop and

implement a student achievement improvement plan under Section

39.102 or 39.103 may receive an exemption or waiver under this

section from any law or rule other than:

(1) a prohibition on conduct that constitutes a criminal

offense;

(2) a requirement imposed by federal law or rule;

(3) a requirement, restriction, or prohibition imposed by state

law or rule relating to:

(A) public school accountability as provided by Subchapters B,

C, D, E, and J, Chapter 39; or

(B) educator rights and benefits under Subchapters A, C, D, E,

F, G, and I, Chapter 21, or under Subchapter A, Chapter 22; or

(4) textbook selection under Chapter 31.

(g) In a manner consistent with waiver authority granted to the

commissioner by the United States Department of Education, the

commissioner may grant a waiver of a state law or rule required

by federal law, including Subchapter A, B, or C, Chapter 29.

Before exercising any waiver authority under this subsection, the

commissioner shall notify the Legislative Budget Board and the

office of budget and planning in the governor's office.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 2003, 78th Leg., ch. 342, Sec. 1, eff.

Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

812, Sec. 2, eff. June 17, 2005.

Acts 2006, 79th Leg., 3rd C.S., Ch.

5, Sec. 9.01, eff. May 31, 2006.

Acts 2009, 81st Leg., R.S., Ch.

895, Sec. 3, eff. June 19, 2009.

Sec. 7.057. APPEALS. (a) Except as provided by Subsection (e),

a person may appeal in writing to the commissioner if the person

is aggrieved by:

(1) the school laws of this state; or

(2) actions or decisions of any school district board of

trustees that violate:

(A) the school laws of this state; or

(B) a provision of a written employment contract between the

school district and a school district employee, if a violation

causes or would cause monetary harm to the employee.

(a-1) A person is not required to appeal to the commissioner

before pursuing a remedy under a law outside of Title 1 or this

title to which Title 1 or this title makes reference or with

which Title 1 or this title requires compliance.

(b) Except as provided by Subsection (c), the commissioner after

due notice to the parties interested shall, not later than the

180th day after the date an appeal under Subsection (a) is filed,

hold a hearing and issue a decision without cost to the parties

involved. In conducting a hearing under this subsection, the

commissioner has the same authority relating to discovery and

conduct of a hearing as a hearing examiner has under Subchapter

F, Chapter 21. This section does not deprive any party of any

legal remedy.

shall issue a decision based on a review of the record developed

at the district level under a substantial evidence standard of

review. A school district's disclosure of the record to the

commissioner under this subsection is not an offense under

Section 551.146, Government Code.

(d) A person aggrieved by an action of the agency or decision of

the commissioner may appeal to a district court in Travis County.

An appeal must be made by serving the commissioner with citation

issued and served in the manner provided by law for civil suits.

The petition must state the action or decision from which the

appeal is taken. At trial, the court shall determine all issues

of law and fact, except as provided by Section 33.081(g).

(e) This section does not apply to:

(1) a case to which Subchapter G, Chapter 21, applies; or

(2) a student disciplinary action under Chapter 37.

(f) In this section:

(1) "Record" includes, at a minimum, an audible electronic

recording or written transcript of all oral testimony or

argument.

(2) "School laws of this state" means Title 1 and this title and

rules adopted under those titles.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 2001, 77th Leg., ch. 895, Sec. 1, eff. June

14, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1111, Sec. 1, eff. June 19, 2009.

Sec. 7.058. RESEARCH ON MATHEMATICS SKILLS ACQUISITION AND

PROGRAM EFFECTIVENESS. From funds appropriated for the purpose,

the commissioner shall award to one or more institutions that

have demonstrated an ability to conduct science-based research on

effective instructional strategies that improve student

performance in mathematics a grant to be used to:

(1) develop and identify research on mathematics skills

acquisition and student learning in mathematics;

(2) monitor the effectiveness of professional development

institutes under Section 21.455 based on performance in

mathematics by the students of teachers who have attended an

institute;

(3) examine the effect of professional development institutes on

the classroom performance of teachers who have attended an

institute;

(4) identify common practices used at high-performing school

campuses that lead to improved student performance in

mathematics; and

(5) develop research on cognitive development in children

concerning mathematics skills development.

Added by Acts 2001, 77th Leg., ch. 834, Sec. 3, eff. Sept. 1,

2001.

Sec. 7.059. MATHEMATICS HOMEWORK AND GRADING SERVICE. (a) From

funds appropriated for the purpose, the commissioner shall help

make available services that assist teachers in providing and

grading mathematics homework assignments. The services may also

assist teachers in providing and grading student examinations.

(b) In helping make the services described by Subsection (a)

available, the commissioner shall consider all methods available

through advanced technology, especially methods using the

Internet, to distribute mathematics homework assignments and to

provide immediate assessment of a student's work on the

assignment.

(1) must be created with consideration for the underlying

mathematical skills required to be taught at the grade level for

which the assignment is designed;

(2) may be based on a step-by-step procedure for solving

mathematical problems provided by the assignment that may be

adapted to individual student and instructor needs;

(3) may be accompanied by a solution to each mathematical

problem assigned;

(4) may be accompanied by other pedagogically valuable material

appropriate for a particular student; and

(5) to the extent possible, should correlate to an instructional

program or programs being used in classrooms in this state.

Added by Acts 2001, 77th Leg., ch. 834, Sec. 3, eff. Sept. 1,

2001.

Sec. 7.060. REDUCING PAPERWORK. (a) At least once each

even-numbered year, the commissioner shall review and, to the

greatest extent practicable, reduce written reports and other

paperwork required of a school district by the agency.

(b) The commissioner shall adopt a policy that limits written

reports and other paperwork that a principal or classroom teacher

may be required by the agency to complete.

Added by Acts 2005, 79th Leg., Ch.

723, Sec. 1, eff. June 17, 2005.

Sec. 7.062. SCIENCE LABORATORY GRANT PROGRAM. (a) In this

section, "wealth per student" means a school district's taxable

value of property as determined under Subchapter M, Chapter 403,

Government Code, or, if applicable, Section 42.2521, divided by

the district's average daily attendance as determined under

Section 42.005.

(b) The commissioner shall establish a program to provide

competitive grants to school districts for the purpose of

constructing or renovating high school science laboratories.

commissioner certifies that the amount appropriated for a state

fiscal year for purposes of Subchapters A and B, Chapter 46,

exceeds the amount to which school districts are entitled under

those subchapters for that year, the commissioner shall use the

excess funds, in an amount not to exceed $20 million in any state

fiscal year, for the purpose of making grants under this section.

The use of excess funds under this subsection has priority over

any provision of Chapter 42 that permits or directs the use of

excess foundation school program funds, including Sections

42.2517, 42.2521, 42.2522, and 42.2531. The commissioner is

required to use excess funds as provided by this subsection only

if the commissioner is not required to reduce the total amount of

state funds allocated to school districts under Section

42.253(h).

(d) The commissioner shall adopt rules necessary to implement

the program, including rules addressing eligibility, application

procedures, and accountability for use of grant funds.

(e) The rules must:

(1) limit the amount of assistance provided through a grant to

not more than:

(A) for a construction project, $200 per square foot of the

science laboratory to be constructed; or

(B) for a renovation project, $100 per square foot of the

science laboratory to be renovated;

(2) require a school district to demonstrate, as a condition of

eligibility for a grant, that the existing district science

laboratories are insufficient in number to comply with the

curriculum requirements imposed for the recommended and advanced

high school programs under Section 28.025(b-1)(1); and

(3) provide for ranking school districts that apply for grants

on the basis of wealth per student and giving priority in the

award of grants to districts with low wealth per student.

Added by Acts 2007, 80th Leg., R.S., Ch.

1058, Sec. 3, eff. June 15, 2007.

SUBCHAPTER D. STATE BOARD OF EDUCATION

Sec. 7.101. COMPOSITION. (a) The State Board of Education is

composed of 15 members elected from districts. Each district from

which a board member is elected is composed as provided by former

Sections 11.2101(b)-(t), as enacted by Chapter 2, Acts of the

72nd Legislature, 2nd Called Session, 1991.

(b) Members of the board are elected at biennial general

elections held in compliance with the Election Code.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 7.102. STATE BOARD OF EDUCATION POWERS AND DUTIES. (a)

The board may perform only those duties relating to school

districts or regional education service centers assigned to the

board by the constitution of this state or by this subchapter or

another provision of this code.

(b) The board has the powers and duties provided by Subsection

(c), which shall be carried out with the advice and assistance of

the commissioner.

(c)(1) The board shall develop and update a long-range plan for

public education.

(2) The board may enter into contracts relating to or accept

grants for the improvement of educational programs specifically

authorized by statute.

(3) The board may accept a gift, donation, or other contribution

on behalf of the public school system or agency and, unless

otherwise specified by the donor, may use the contribution in the

manner the board determines.

(4) The board shall establish curriculum and graduation

requirements.

(5) The board shall establish a standard of performance

considered satisfactory on student assessment instruments.

(6) The board may create special-purpose school districts under

Chapter 11.

(7) The board shall provide for a training course for school

district trustees under Section 11.159.

(8) The board shall adopt a procedure to be used for placing on

probation or revoking a home-rule school district charter as

required by Subchapter B, Chapter 12, and may place on probation

or revoke a home-rule school district charter as provided by that

subchapter.

(9) The board may grant an open-enrollment charter or approve a

charter revision as provided by Subchapter D, Chapter 12.

(10) The board shall adopt rules establishing criteria for

certifying hearing examiners as provided by Section 21.252.

(11) The board shall adopt rules to carry out the curriculum

required or authorized under Section 28.002.

(12) The board shall establish guidelines for credit by

examination under Section 28.023.

(13) The board shall adopt transcript forms and standards for

differentiating high school programs for purposes of reporting

academic achievement under Section 28.025.

(14) The board shall adopt guidelines for determining financial

need for purposes of the Texas Advanced Placement Incentive

Program under Subchapter C, Chapter 28, and may approve payments

as provided by that subchapter.

(15) The board shall adopt criteria for identifying gifted and

talented students and shall develop and update a state plan for

the education of gifted and talented students as required under

Subchapter D, Chapter 29.

(16) The board shall adopt rules for approving adult education

programs as required under Section 29.253 and may establish an

adult education advisory committee under Section 29.254.

(17) The board shall adopt rules relating to community education

development projects as required under Section 29.257.

(18) The board may approve the plan to be developed and

implemented by the commissioner for the coordination of services

to children with disabilities as required under Section 30.001.

(19) The board shall establish a date by which each school

district and state institution shall provide to the commissioner

the necessary information to determine the district's share of

the cost of the education of a student enrolled in the Texas

School for the Blind and Visually Impaired or the Texas School

for the Deaf as required under Section 30.003 and may adopt other

rules concerning funding of the education of students enrolled in

the Texas School for the Blind and Visually Impaired or the Texas

School for the Deaf as authorized under Section 30.003.

(20) The board shall adopt rules prescribing the form and

content of information school districts are required to provide

concerning programs offered by state institutions as required

under Section 30.004.

(21) The board shall adopt rules concerning admission of

students to the Texas School for the Deaf as required under

Section 30.057.

(22) The board shall carry out powers and duties related to

regional day school programs for the deaf as provided under

Subchapter D, Chapter 30.

(23) The board shall adopt and purchase or license textbooks as

provided by Chapter 31 and adopt rules required by that chapter.

(24) The board shall develop and update a long-range plan

concerning technology in the public school system as required

under Section 32.001 and shall adopt rules and policies

concerning technology in public schools as provided by Chapter

32.

(25) The board shall conduct feasibility studies related to the

telecommunications capabilities of school districts and regional

education service centers as provided by Section 32.033.

(26) The board shall appoint a board of directors of the center

for educational technology under Section 32.034.

(27) Repealed by Acts 2001, 77th Leg., ch. 1420, Sec. 4.001(b),

eff. Sept. 1, 2001.

(28) The board shall approve a program for testing students for

dyslexia and related disorders as provided by Section 38.003.

(29) The board shall perform duties in connection with the

public school accountability system as prescribed by Chapter 39.

(30) The board shall perform duties in connection with the

Foundation School Program as prescribed by Chapter 42.

(31) The board may invest the permanent school fund within the

limits of the authority granted by Section 5, Article VII, Texas

Constitution, and Chapter 43.

(32) The board shall adopt rules concerning school district

budgets and audits of school district fiscal accounts as required

under Subchapter A, Chapter 44.

(33) The board shall adopt an annual report on the status of the

guaranteed bond program and may adopt rules as necessary for the

administration of the program as provided under Subchapter C,

Chapter 45.

(34) The board shall prescribe uniform bid blanks for school

districts to use in selecting a depository bank as required under

Section 45.206.

(d) The board may adopt rules relating to school districts or

regional education service centers only as required to carry out

the specific duties assigned to the board by the constitution or

under Subsection (c).

(e) An action of the board to adopt a rule under this section is

effective only if the board includes in the rule's preamble a

statement of the specific authority under Subsection (c) to adopt

the rule.

(f) Except as otherwise provided by this subsection, a rule

adopted by the board under this section does not take effect

until the beginning of the school year that begins at least 90

days after the date on which the rule was adopted. The rule takes

effect earlier if the rule's preamble specifies an earlier

effective date and the reason for that earlier date and:

(1) the earlier effective date is a requirement of:

(A) a federal law; or

(B) a state law that specifically refers to this section and

expressly requires the adoption of an earlier effective date; or

(2) on the affirmative vote of two-thirds of the members of the

board, the board makes a finding that an earlier effective date

is necessary.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.01, eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 268, Sec. 2, eff. May

26, 1997; Acts 1999, 76th Leg., ch. 1482, Sec. 1, eff. June 19,

1999; Acts 2001, 77th Leg., ch. 1420, Sec. 4.001(b), eff. Sept.

1, 2001.

Sec. 7.103. ELIGIBILITY FOR MEMBERSHIP. (a) A person is not

eligible for election to or service on the board if the person

holds an office with this state or any political subdivision of

this state.

(b) A person may not be elected from or serve in a district who

is not a bona fide resident of the district with one year's

continuous residence before election. A person is not eligible

for election to or service on the board unless the person is a

qualified voter of the district in which the person resides and

is at least 26 years of age.

Chapter 305, Government Code, by virtue of the person's

activities for compensation in or on behalf of a profession,

business, or association related to the operation of the board,

may not serve as a member of the board or act as the general

counsel to the board.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 7.104. TERMS. (a) At each general election immediately

following a decennial reapportionment of districts, one member

shall be elected to the board from each district. Except as

provided by Subsection (b), members of the board serve staggered

terms of four years with the terms of eight members expiring on

January 1 of one odd-numbered year and the terms of seven members

expiring on January 1 of the next odd-numbered year.

(b) Seven members of the board elected at each general election

following a decennial reapportionment of districts shall serve

two-year terms and eight members shall serve four-year terms.

Members shall draw lots to determine who serves which terms.

shall fill the vacancy as soon as possible by appointing a

qualified person from the affected district with the advice and

consent of the senate.

(d) A vacancy that occurs at a time when it is impossible to

place the name of a candidate for the unexpired term on the

general election ballot is filled by appointment, as prescribed

by Subsection (c).

(e) An appointment to a vacancy on the board shall be made

without regard to the race, creed, sex, religion, or national

origin of the appointed member.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 7.105. COMPENSATION AND REIMBURSEMENT. (a) A member of

the board is not entitled to receive compensation.

(b) A member of the board is entitled to reimbursement of the

member's expenses as provided by law.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 7.106. MEETINGS. (a) The board shall hold four meetings a

year in Austin, Texas, on dates determined by the chair and may

hold other meetings as may be called by the chair.

(b) In a manner that complies with Section 551.128, Government

Code, the agency shall broadcast over the Internet live video and

audio of each open meeting held by the board. Subsequently, the

agency shall make available through the agency's Internet website

archived video and audio for each meeting for which live video

and audio was provided under this subsection.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

169, Sec. 1, eff. September 1, 2009.

Sec. 7.107. OFFICERS. (a) The governor, with the advice and

consent of the senate, shall appoint the chair from among the

membership of the board. The chair serves a term of two years.

(b) At the board's first regular meeting after the election and

qualification of new members, the board shall organize, adopt

rules of procedure, and elect by separate votes a vice chair and

a secretary.

ineligible to again serve as chair until four years have elapsed

since the expiration of the second term.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 7.108. PROHIBITION ON POLITICAL CONTRIBUTION OR ACTIVITY.

(a) A person interested in selling bonds of any type or a person

engaged in manufacturing, shipping, selling, or advertising

textbooks or otherwise connected with the textbook business

commits an offense if the person makes or authorizes a political

contribution to or takes part in, directly or indirectly, the

campaign of any person seeking election to or serving on the

board.

(b) An offense under Subsection (a) is a Class B misdemeanor.

(1) "Political contribution" has the meaning assigned by Section

251.001, Election Code.

(2) "Textbook" has the meaning assigned by Section 31.002.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 7.109. DESIGNATION AS STATE BOARD FOR CAREER AND TECHNOLOGY

EDUCATION. (a) The board is also the State Board for Career and

Technology Education.

(b) The commissioner is the executive officer through whom the

State Board for Career and Technology Education shall carry out

its polic

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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