The Texas Education Code is the collection of state laws that establish the legal foundation for the public education system in Texas. Its purpose is to ensure all children in the state have access to a quality education, enabling them to reach their full potential. This legal framework is grounded in the belief that widespread knowledge is necessary for preserving the rights of citizens and that strong family involvement is a component of a child’s educational success.
Who and What the Texas Education Code Governs
The Texas Education Code primarily applies to the state’s public K-12 education system, including traditional independent school districts and open-enrollment charter schools. It affects a wide range of individuals by defining rights and responsibilities for students, parents, certified teachers, school administrators, and school district trustees. The statutes outline the structure of school governance, funding, and academic requirements, while its jurisdiction does not extend to private schools or homeschooling.
Major Topics Covered for Students and Parents
The Texas Education Code addresses many topics that shape the educational experience of students and the role of their parents. One area is compulsory student attendance. Section 25.085 mandates that children between the ages of six and nineteen must attend school each day for the entire instructional period.1Texas Public Law. Texas Education Code Section 25.085 – Compulsory School Attendance This rule also applies to students who voluntarily enroll in pre-kindergarten or kindergarten. To receive credit for a class, a student must be in attendance for at least 90 percent of the days the class is offered, though a principal can approve a plan to make up time if attendance is between 75 and 90 percent.
Student discipline is another topic governed by the Code, with Chapter 37 detailing the framework for law and order in schools.2Texas Public Law. Texas Education Code Chapter 37 – Discipline; Law and Order School districts must adopt a student code of conduct that outlines prohibited behaviors and corresponding disciplinary actions. These actions can range from a short-term suspension of no more than three school days to placement in a Disciplinary Alternative Education Program (DAEP) or expulsion for serious offenses involving weapons, drugs, or assault.3Texas Public Law. Texas Education Code Section 37.007 – Expulsion for Serious Offenses The Code also ensures due process for students, requiring hearings for actions like expulsion.
The curriculum in Texas public schools is framed by Section 28.002.4Texas Public Law. Texas Education Code Section 28.002 – Required Curriculum It requires instruction in a foundation curriculum that includes:
- English language arts
- Mathematics
- Science
- Social studies
- Texas history
- Principles of the free enterprise system
The specific learning objectives for each subject are detailed in the Texas Essential Knowledge and Skills (TEKS).
The Code contains provisions for students with disabilities, aligning with the federal Individuals with Disabilities Education Act (IDEA). It ensures these students receive a “free appropriate public education” tailored to their unique needs through an Individualized Education Program (IEP). The law mandates that students with disabilities be educated in the least restrictive environment, meaning they should learn alongside their non-disabled peers to the maximum extent appropriate.
Parental rights are protected under Chapter 26, which establishes parents as partners in their children’s education.5Texas Public Law. Texas Education Code Chapter 26 – Parental Rights and Responsibilities Parents are entitled to access their child’s school records, including attendance, test scores, and disciplinary reports.6Texas Public Law. Texas Education Code Section 26.004 – Access to Student Records They also have the right to review all instructional materials and to temporarily remove their child from an activity that conflicts with their religious or moral beliefs by providing a written statement.7Texas Public Law. Texas Education Code Section 26.010 – Exemption from Instruction
Oversight of Texas Public Education
The Texas Education Code establishes a governance structure for the state’s public education system, assigning oversight responsibilities to state-level bodies and local districts. At the top of this structure is the State Board of Education (SBOE), a 15-member elected board. The Code grants the SBOE the authority to set curriculum standards, establish graduation requirements, and adopt instructional materials like textbooks.8Texas Public Law. Texas Education Code Section 7.102 – State Board of Education Powers and Duties A constitutional duty of the SBOE is overseeing the multi-billion-dollar Permanent School Fund, which helps finance public schools.
Working with the SBOE is the Texas Education Agency (TEA), the state agency that administers education laws. Headed by the Commissioner of Education, who is appointed by the governor, the TEA monitors school districts’ compliance with state and federal regulations. It also administers the statewide student assessment program (STAAR) and oversees accountability ratings for schools and districts.
The Education Code reserves many operational decisions for local school districts, each governed by a locally elected board of trustees. These boards are responsible for adopting an annual budget, setting the local property tax rate, and approving employment contracts for district staff.9Texas Public Law. Texas Education Code Section 11.1511 – Specific Powers and Duties of Board All of these actions must be done while operating under the legal framework established by the Code.
Finding and Navigating the Official Code
The official and most current version of the Texas Education Code is accessible online through the Texas Legislature’s website at statutes.capitol.texas.gov. This site provides a searchable database of all Texas statutes. The Texas Education Agency (TEA) website also serves as a resource, often providing direct links to the Code and related administrative rules.
The Code is organized into a hierarchical structure to make it easier to navigate. It is divided into broad subject categories called Titles, which are further broken down into Chapters, and then into specific laws known as Sections. For example, topics related to students and parents are found in Title 2. When searching online, using keywords like “student attendance” can help locate the relevant sections.
The Process of Updating the Education Code
Changes to the Texas Education Code are made through the state’s legislative process. The Texas Legislature, which consists of the House of Representatives and the Senate, meets in regular session every two years but may also convene for special sessions. During a session, any legislator can introduce a bill to add, remove, or amend a section of the Code.
These bills are first reviewed by committees, where public hearings may be held for stakeholders to provide testimony. If a bill is approved by the committee, it proceeds to be voted on by the full House and Senate. For a bill to become law, it must be passed by both chambers and then sent to the Governor, who can sign it, veto it, or allow it to become law without a signature.