EDUCATION CODE
SUBTITLE B. STATE AND REGIONAL ORGANIZATION AND GOVERNANCE
CHAPTER 7. STATE ORGANIZATION
SUBCHAPTER A. GENERAL PROVISIONS
§ 7.001. DEFINITION. In this chapter, "board" means the
State Board of Education.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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, 2005.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 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 61.077.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 820, § 36, eff. Sept. 1,
2003.
§ 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, § 1, eff. Sept. 1, 2001.
SUBCHAPTER B. TEXAS EDUCATION AGENCY
§ 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.
(c) The agency may enter into an agreement with a federal
agency 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, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, § 6.01, eff. Sept. 1,
1997.
§ 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, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1122, § 1, eff. Sept. 1,
1997.
§ 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, § 1, eff. May 30, 1995.
§ 7.024. INVESTMENT CAPITAL FUND. (a) The investment
capital fund consists of money transferred to the fund as provided
by Section 42.152(l). 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.
(c) A school is eligible to apply for a grant if the school
has 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
(C) organize a large constituency of parents and
community 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, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 937, § 1, eff. Sept. 1,
1999.
§ 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, § 2(b), eff. June 14,
2001.
§ 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
that provide CPR instruction to students under Section 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, § 1, eff. June 14, 2001.
Renumbered from V.T.C.A., Education Code § 7.025 by Acts 2003,
78th Leg., ch. 1275, § 2(11), eff. Sept. 1, 2003.
§ 7.027. LIMITATION ON COMPLIANCE MONITORING.
Text of section as added by Acts 2003, 78th Leg., ch. 201, § 4
(a) Except as provided by Section 29.001(5), 29.010(a),
39.074, or 39.075, 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, § 4, eff. Sept. 1, 2003.
For text of section as added by Acts 2003, 78th Leg., ch. 1320, §
8, see § 7.027, post.
§ 7.027. TEXAS MUSIC FOUNDATION ACCOUNT.
Text of section as added by Acts 2003, 78th Leg., ch. 1320, § 8
(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, § 8, eff. Sept. 1, 2003.
For text of section as added by Acts 2003, 78th Leg., ch. 201, §
4, see § 7.027, ante.
SUBCHAPTER C. COMMISSIONER OF EDUCATION
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 7.054. QUALIFICATION. The commissioner must be a
citizen of the United States.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 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, § 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.
(c) The budget the commissioner adopts under Subsection (b)
for 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, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, § 6.01, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1423, § 5.01, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 397, § 8, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 1420, § 4.001(a), eff. Sept. 1, 2001.
§ 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.
(c) If the commissioner objects to an application for a
waiver, 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 minimum graduation requirements under Section 28.025;
(B) public school accountability as provided by
Subchapters B, C, D, and G, Chapter 39;
(C) extracurricular activities under Section
33.081;
(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; or
(L) bilingual education programs under
Subchapter B, Chapter 29.
(f) A school district or campus that is required to develop
and implement a student achievement improvement plan under Section
39.131 or 39.132 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, and G, 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, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 342, § 1, eff. Sept. 1,
2003.
§ 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.
(b) Except as provided by Subsection (c), the commissioner,
after due notice to the parties interested, shall 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.
(c) In an appeal against a school district, the commissioner
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, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 895, § 1, eff. June 14,
2001.
§ 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, § 3, eff. Sept. 1, 2001.
§ 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.
(c) Each homework assignment offered through the service:
(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, § 3, eff. Sept. 1, 2001.
SUBCHAPTER D. STATE BOARD OF EDUCATION
§ 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, § 1, eff. May 30, 1995.
§ 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, §
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, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, § 6.01, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 268, § 2, eff. May 26, 1997;
Acts 1999, 76th Leg., ch. 1482, § 1, eff. June 19, 1999; Acts
2001, 77th Leg., ch. 1420, § 4.001(b), eff. Sept. 1, 2001.
§ 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.
(c) A person who is required to register as a lobbyist under
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, § 1, eff. May 30, 1995.
§ 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.
(c) If a position on the board becomes vacant, the governor
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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 7.106. MEETINGS. 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 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.
(c) A person who serves two consecutive terms as chair is
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, § 1, eff. May 30, 1995.
§ 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.
(c) In this section:
(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, § 1, eff. May 30, 1995.
§ 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 policies and enforce its rules.
(c) The State Board for Career and Technology Education may
contract with the Texas Higher Education Coordinating Board or any
other state agency to assume the leadership role and administrative
responsibility of the State Board for Career and Technology
Education for state level administration of technical-vocational
education programs in public community colleges, public technical
institutes, and other eligible public postsecondary institutions
in this state.
(d) The State Board for Career and Technology Education may
allocate funds appropriated to the board by the legislature or
federal funds received by the board under the Carl D. Perkins
Vocational Education Act (20 U.S.C. Section 2301 et seq.) or other
federal law to an institution or program approved by the State Board
of Education, the Texas Higher Education Coordinating Board, or
another state agency specified by law.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 7.110. PUBLIC TESTIMONY. The board shall develop and
implement policies that provide the public with a reasonable
opportunity to appear before the board and to speak on any issue
under the jurisdiction of the board.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 7.111. HIGH SCHOOL EQUIVALENCY
EXAMINATIONS. (a) The board shall provide for the administration
of high school equivalency examinations. A person who does not have
a high school diploma may take the examination in accordance with
rules adopted by the board if the person is:
(1) over 17 years of age;
(2) 16 years of age or older and:
(A) is enrolled in a Job Corps training program
under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801
et seq.), and its subsequent amendments; or
(B) a public agency providing supervision of the
person or having custody of the person under a court order
recommends that the person take the examination; or
(3) required to take the examination under a justice
or municipal court order issued under Article 45.054(a)(1)(C), Code
of Criminal Procedure.
(b) The board by rule shall establish and require payment of
a fee as a condition to the issuance of a high school equivalency
certificate and a copy of the scores of the examinations. The fee
must be reasonable and designed to cover the administrative costs
of issuing the certificate and a copy of the scores. The board may
not require a waiting period between the date a person withdraws
from school and the date the person takes the examination unless the
period relates to the time between administrations of the
examination.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 76, § 8, eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 1282, § 1, eff. June 18, 1999; Acts
2001, 77th Leg., ch. 1420, § 4.002, eff. Sept. 1, 2001; Acts
2001, 77th Leg., ch. 1514, § 17, eff. Sept. 1, 2001.
§ 7.112. REPRESENTATION OF TEXTBOOK PUBLISHER BY FORMER
MEMBER OF BOARD. (a) A former member of the State Board of
Education who is employed by or otherwise receives compensation
from a textbook publisher may not, before the second anniversary of
the date on which the person last served as a member of the State
Board of Education:
(1) confer with a member of the board of trustees of a
school district concerning a textbook published by that textbook
publisher; or
(2) appear at a meeting of the board of trustees on
behalf of the textbook publisher.
(b) A person who violates Subsection (a) commits an offense.
An offense under this section is a Class A misdemeanor.
(c) In this section:
(1) "Compensation" means money, a service, or another
thing of value or financial benefit received in return for or in
connection with a service provided.
(2) "Publisher" and "textbook" have the meanings
assigned by Section 31.002.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
