The Texas Education Code is the legal framework for public education in the state. It affects how schools operate, the rights of students and teachers, and how educational standards are maintained. This overview examines key provisions of the code concerning school district governance, student discipline, teacher employment, special education, funding, and enforcement.
Governance of School Districts
Independent school districts in Texas are governed by a board of trustees, which oversees public schools, with some duties assigned to the Texas Education Agency (TEA) or the State Board of Education (SBOE). The TEA cannot override the lawful decisions of the board.
School boards have a set number of trustees, often seven.1Texas Public Law. Texas Education Code Section 11.051 – Governance of Independent School District; Number of Trustees Trustees, elected for three or four-year terms, must be U.S. citizens, at least 18 years old, and meet specific residency and voter registration requirements.2Texas Secretary of State. Terms, Qualifications, and Vacancies Certain felony convictions make individuals ineligible.
The board’s powers and duties include:3Texas Public Law. Texas Education Code Section 11.1511 – Specific Powers and Duties of Board
- Acquiring and holding property
- Suing and being sued
- Adopting rules and bylaws
- Adopting district goals and performance standards
- Adopting an annual budget and tax rate
- Ensuring proper financial management and audits
The board may also enter contracts. The board acts by majority vote at a public meeting compliant with the Texas Open Meetings Act, requiring a quorum.
The Texas Open Meetings Act requires public notice for all meetings, including date, time, place, and agenda, posted 72 hours in advance.4Texas Legislature Online. Government Code Chapter 551. Open Meetings While most business is public, closed sessions are permitted for limited topics like personnel or legal consultations. The public has the right to address the board on agenda items.
The State Board of Education, composed of 15 elected members, develops long-range education plans, establishes curriculum and graduation requirements, and sets student assessment standards.
The Texas Education Agency, led by the Commissioner of Education, implements education laws, monitors program compliance, and oversees low-performing districts, potentially appointing monitors or managers.
Student Discipline Regulations
Each school district must adopt and enforce a student code of conduct.5Texas Public Law. Texas Education Code Section 37.001 – Student Code of Conduct This document outlines expected behaviors, disciplinary actions, and conditions for removal from regular settings. Teachers have authority to remove students whose behavior severely disrupts learning. Principals may suspend students for up to three school days for less severe infractions.
For more serious or persistent misconduct, students may be placed in a Disciplinary Alternative Education Program (DAEP). Placement is mandatory for offenses like felony-level actions or certain drug or alcohol violations. The duration in DAEP depends on the offense and prior record.
Expulsion is reserved for the gravest offenses, such as bringing a firearm to school or making a terroristic threat.6Texas Public Law. Texas Education Code Section 37.007 – Expulsion for Serious Offenses Expulsion can bar a student for up to a year. Students engaging in conduct considered a felony if committed by an adult may be placed in a Juvenile Justice Alternative Education Program.
Districts must have policies to address bullying, including cyberbullying, as part of the student code of conduct. The code must also state if corporal punishment is permitted. Parents can provide written directives prohibiting corporal punishment for their child, which schools must honor.
Procedural safeguards ensure fairness. For significant actions like DAEP placement or expulsion, students and parents receive written notification of allegations and proposed actions, with the right to a hearing. The student code of conduct must list factors administrators consider, such as self-defense, intent, prior record, and disability status.
Teacher Employment and Qualifications
Educators in Texas need certification from the State Board for Educator Certification (SBEC).7Texas Public Law. Texas Education Code Section 21.003 – Certification Required To become an educator, individuals need a bachelor’s degree, to complete an approved preparation program, pass state exams, and undergo a national criminal history background check. The SBEC oversees educator preparation, certification, and conduct standards.
Certified teachers are employed under probationary, term, or continuing contracts. New teachers start with a one-year probationary contract, which can be renewed for up to two additional years. After probation, districts offer either a term contract (for a fixed period, often one to five years) or a continuing contract (similar to tenure, but less common).
Teachers are entitled to a minimum salary, personal leave, and a duty-free lunch. Classroom teachers must receive at least 450 minutes of planning time every two weeks.8Texas Public Law. Texas Education Code Section 21.404 – Planning and Preparation Time Resignation requires written notice at least 45 days before the next school year’s instruction begins to avoid SBEC sanctions.
Certificates must be renewed every five years, which requires 150 hours of continuing professional education (CPE). Failure to meet CPE requirements can lead to inactive certificate status. Teacher performance is evaluated using an appraisal system (like T-TESS) that looks at job-related behaviors, such as discipline management and student performance.
Special Education Provisions
Aligned with the federal Individuals with Disabilities Education Act (IDEA), Texas law requires schools to provide a free appropriate public education (FAPE) to eligible children with disabilities, ages three to 21.9Texas Legislature Online. Education Code Chapter 29. Educational Programs School districts must identify and evaluate children suspected of having disabilities through the Child Find process.
Districts need informed parental consent before an initial evaluation. The evaluation and report are due within 45 school days of consent. The Admission, Review, and Dismissal (ARD) committee determines eligibility. If eligible, the ARD committee develops an Individualized Education Program (IEP).
The IEP details the student’s current performance, annual goals, services, and participation with non-disabled peers. It is reviewed at least annually. Students with disabilities must be educated in the Least Restrictive Environment (LRE), meaning with non-disabled peers to the maximum extent appropriate. Removal to separate settings occurs only if regular class education with aids is unsatisfactory.
Students in early grades are screened for dyslexia, and appropriate instruction is provided if identified. For students with autism, ARD committees consider an autism supplement focusing on communication, social skills, and behavior. Transition planning for post-school life must begin by age 14. Parental rights under IDEA transfer to the student at age 18, after prior notice. Parents have dispute resolution options like mediation or due process hearings.
Funding Provisions
Public school funding in Texas relies mainly on the Foundation School Program (FSP). This program combines state aid and local property taxes to ensure districts can provide a basic education. Tier One funding covers basic educational costs, centered on a per-student basic allotment ($6,160 for 2023-2025), adjusted by weights for specific student populations (e.g., economically disadvantaged, English learners) and district characteristics.10Texas Education Agency. Basic Allotment Funding Overview
Tier Two funding allows districts to enrich programs by taxing above their Tier One entitlement. Local property taxes, comprising Maintenance and Operations (M&O) taxes for daily costs and Interest and Sinking (I&S) taxes for debt repayment, are a major funding source. Voter approval is often needed for bond issues and certain tax rates.
State aid supplements local M&O revenue to meet Tier One and Tier Two entitlements. The recapture system (often called Robin Hood) requires property-wealthy districts to send some local tax revenue to the state, which is then redistributed to poorer districts.
The state also funds specific needs like instructional materials and technology through an allotment. Transportation funding is also provided. The Texas Legislature determines the overall public education budget biennially.
Enforcement and Penalties
The TEA and Commissioner of Education oversee district compliance with education laws. Deficiencies can lead to interventions, from corrective action plans to the appointment of monitors, conservators, or boards of managers, and in extreme cases, school or district closure. The State Board for Educator Certification enforces the Educators’ Code of Ethics, with authority to investigate misconduct and sanction certificates through reprimands, suspension, or revocation. Contract abandonment or severe misconduct like inappropriate student relationships can lead to significant penalties.
School personnel face penalties for certain violations. Superintendents or principals failing to report educator misconduct may incur fines or, if intent to conceal is proven, felony charges. Employing uncertified individuals also carries penalties. Parents are responsible for student attendance. Failure to ensure attendance after warnings can lead to fines and court-ordered programs. Courts may also order parents to attend school with persistently disruptive students.
Disrupting classes or school transportation by non-students can lead to misdemeanor charges. The state’s accountability system includes sanctions for academically underperforming schools and districts, from public notice to significant TEA interventions. The TEA also monitors school safety compliance.