Texas Education Code: Key Rules for Schools, Teachers, and Students
Explore how the Texas Education Code shapes school operations, educator roles, and student responsibilities across the state.
Texas public schools operate under a detailed legal framework known as the Texas Education Code. This code establishes the responsibilities and expectations for school districts, educators, students, and parents, shaping the delivery of education across the state. Familiarity with these rules is essential for understanding compliance requirements and educational standards.
This article examines key areas of the Texas Education Code impacting daily school operations and the rights and duties of those involved.
Governing Boards and Administration
Governance of Texas public schools relies heavily on local control through elected boards of trustees for independent school districts. Chapter 11 of the Texas Education Code grants these boards the authority to manage district schools, including acquiring property, engaging in legal actions, and accepting donations.1Texas Legislature Online. Education Code Chapter 11. School Districts Unless state law assigns specific powers elsewhere, such as to the Texas Education Agency (TEA), local boards hold primary authority over school governance. The TEA provides state-level oversight but generally cannot override lawful decisions by local boards.
Trustees are typically elected by district voters for staggered three- or four-year terms, ensuring continuity. Elections usually occur on uniform dates in May or November. Depending on local policy, trustees may be elected district-wide, from single-member districts, or through cumulative voting methods outlined in the Education Code. Vacancies are usually filled by appointment until the next election, reinforcing community representation in local education.
School boards have extensive duties detailed in Section 11.1511 of the code.2FindLaw. Texas Education Code § 11.1511 – Specific Powers and Duties of Board They must adopt a district vision, set goals aligned with state academic and fiscal standards, and monitor progress. A significant responsibility is fiscal oversight, which includes adopting an annual budget, setting the local property tax rate, ensuring annual audits are conducted as required by Section 44.008, and publishing financial reports. Boards also establish policies for district and campus-level planning.
The superintendent, hired by the board under a contract not exceeding five years, serves as the district’s chief executive and educational leader, according to Section 11.201.3FindLaw. Texas Education Code § 11.201 – Superintendent While the board sets policy, the superintendent manages daily operations, implements policies, oversees personnel and programs, and ensures facilities function effectively. The superintendent is accountable to the board for meeting district goals.
The relationship between the board and superintendent is designed for collaboration, with distinct roles outlined in Section 11.1512. Both share responsibility for advocating for student achievement and engaging the community. The board oversees and evaluates the superintendent, while the superintendent executes board policies. The board retains ultimate authority, including the power to require information directly from other district officials.
Mandatory Attendance
The Texas Education Code sets clear school attendance requirements. Section 25.085 mandates that children aged six by September 1st must attend school until their 19th birthday, unless a specific exemption under Section 25.086 applies.4Texas Public Law. Texas Education Code § 25.085 – Compulsory School Attendance
This obligation can extend to other age groups. If a child younger than six enrolls in prekindergarten or kindergarten, they must follow compulsory attendance rules for that program’s duration. Similarly, individuals who voluntarily enroll after age 19 must attend for the entire period the program is offered. Attendance requirements also apply to certain supplemental instructional programs mandated by the district, such as tutorials or extended-year programs designed to support academic progress.
Section 25.085 requires attendance “each school day for the entire period the program of instruction is provided.” Students are expected to be present for the full instructional day. State law generally requires schools to provide at least 75,600 minutes of instruction annually, forming the basis for daily attendance expectations.5Texas Education Agency. Attendance, Admission, Enrollment Records, and Tuition – August 2017
Discipline Standards
Student discipline in Texas public schools is governed by Chapter 37 of the Texas Education Code.6Texas Legislature Online. Education Code Chapter 37. Discipline; Law and Order This chapter requires each school district’s board to adopt a Student Code of Conduct, developed with advice from a district-level committee. As mandated by Section 37.001, this code must be readily accessible and outlines expected student behavior and disciplinary consequences.7Texas Public Law. Texas Education Code § 37.001 – Student Code of Conduct
The Student Code of Conduct details various disciplinary actions, specifying circumstances for removing a student from a classroom, campus, bus, or a Disciplinary Alternative Education Program (DAEP). It outlines conditions authorizing or requiring student transfer to a DAEP, suspension (generally limited to three days per incident under Section 37.005), and expulsion (Section 37.007). Out-of-school suspension for students below third grade is restricted by Section 37.005(c) to serious offenses involving weapons, violence, or controlled substances.
Teachers possess specific disciplinary authority under Chapter 37. Section 37.002 permits a teacher to send a student to the campus behavior coordinator for intervention consistent with the code. A teacher can also remove a student from class if their behavior significantly disrupts instruction or learning. Following such removal, the principal may place the student elsewhere, including in-school suspension (ISS) or a DAEP.
Certain serious behaviors trigger mandatory removal to a DAEP under Section 37.006, including offenses involving weapons, drugs, alcohol, or assault. Section 37.007 outlines offenses mandating expulsion, such as aggravated assault or felony drug offenses, prohibiting the student from attending their regular school. The code requires consideration of factors like self-defense, intent, disciplinary history, and disability status when making disciplinary decisions, as noted in Section 37.001(a)(4).
Placement in a DAEP, defined in Section 37.008, is a significant measure involving educational and self-discipline programs for students removed from regular classes. These programs may restrict participation in extracurricular activities. Section 37.009 ensures due process before DAEP placement or expulsion, typically involving a conference where the student can respond to the proposed action. Emergency placements under Section 37.019 require immediate oral notice followed by formal procedures within ten days.
Teacher Qualifications
Texas establishes specific qualifications for public school teachers, overseen by the State Board for Educator Certification (SBEC), as outlined in Chapter 21, Subchapter B of the Texas Education Code.8Texas Education Agency. State Board for Educator Certification The SBEC, composed of governor-appointed members and non-voting representatives from education agencies, sets the standards for teacher certification.
A bachelor’s degree from an accredited institution is a fundamental requirement for most standard teaching certificates, detailed in the Texas Administrative Code (TAC), Title 19, Part 7, Chapter 230.9Texas Education Agency. Becoming a Classroom Teacher in Texas Prospective teachers must also complete an approved Educator Preparation Program (EPP), authorized under Texas Education Code Section 21.044. These programs provide training in teaching methods, classroom management, and subject matter aligned with state curriculum standards (TEKS).
Completion of an EPP is followed by passing state certification exams mandated by Section 21.048, assessing content and pedagogical knowledge. All initial applicants must also pass a national criminal history background check, including fingerprinting, as required by Section 22.0831 and managed by the TEA.
After meeting these requirements, individuals apply to the SBEC for a teaching certificate. The SBEC issues various certificates, including the Standard Certificate (typically valid for five years) and others for alternative routes. The official certification record is maintained electronically, fulfilling the requirement in Section 21.053(a) for educators to present certification before employment.
Maintaining certification requires ongoing professional development. Section 21.054 mandates Continuing Professional Education (CPE) hours for certificate renewal. As detailed in TAC Title 19, Part 7, Chapter 232, classroom teachers typically need 150 CPE hours every five years, often including specific topics designated by the SBEC, ensuring teachers remain current in their field.
Special Education Mandates
Special education services in Texas are governed by the federal Individuals with Disabilities Education Act (IDEA) and Chapter 29, Subchapter A of the Texas Education Code.10Texas Legislature Online. Education Code Chapter 29. Educational Programs These laws ensure eligible children with disabilities (ages 3-21) receive a Free Appropriate Public Education (FAPE). The Texas Education Agency (TEA), under Section 29.001, oversees the statewide system, primarily delivered through local districts and supported by regional centers.
A key mandate is “Child Find,” requiring districts to actively identify, locate, and evaluate all children within their jurisdiction suspected of having a disability needing special education, regardless of disability severity or school type. This proactive duty ensures potential needs are addressed early.
When a disability is suspected, the district must conduct a comprehensive evaluation with parental consent, following Section 29.004 and federal rules. The evaluation uses various tools to gather functional, developmental, and academic information. The written report, generally due within 45 school days of consent (with some exceptions), must assess all areas related to the suspected disability and determine eligibility under IDEA categories and the child’s educational needs.11Texas Education Agency. Technical Assistance: Child Find and Evaluation Guide
If a child is found eligible, the district convenes an Admission, Review, and Dismissal (ARD) committee meeting, which functions as the IEP team required by IDEA (Texas Administrative Code Title 19, Section 89.1050).12Texas Administrative Code via eLaws.us. 19 TAC § 89.1050 – The Admission, Review, and Dismissal Committee This committee, including parents and school personnel, develops, reviews, and revises the student’s Individualized Education Program (IEP). The IEP, per Section 29.005, outlines the student’s performance levels, goals, services, and supports needed to progress in the general curriculum. The initial IEP meeting must occur within 30 calendar days after the evaluation report is completed, subject to adjustments for school breaks.
The principle of the Least Restrictive Environment (LRE) guides ARD committee decisions on placement. Mandated by IDEA and Texas requirements (Section 29.003(b)), LRE requires educating students with disabilities alongside non-disabled peers whenever appropriate. Removal from the regular classroom should only happen if education there, even with aids, is unsatisfactory due to the disability’s nature or severity. The committee must consider a range of placements but prioritize the general education setting with supports. The IEP must justify any time the student will not participate with non-disabled peers.
Penalties for Noncompliance
Failure to comply with the Texas Education Code can result in consequences for districts, administrators, educators, and parents. The Texas Education Agency (TEA) has authority under Chapter 39A to intervene when districts show deficiencies, particularly in academic performance or financial management. Interventions can range from corrective action plans and technical assistance to assigning monitors.
For persistent or severe noncompliance, the TEA Commissioner can impose stricter sanctions under Chapter 39A, such as appointing a conservator to oversee operations or replacing the elected board with a board of managers, removing local control. Such actions, like the Houston ISD takeover in 2023, often result from chronic low campus ratings or governance issues. In extreme cases, the Commissioner can revoke a district’s accreditation and order closure under Section 39A.005. Failure to meet safety requirements can also lead to conservatorship under Section 37.1085.
Individual educators face penalties administered by the State Board for Educator Certification (SBEC). Based on violations outlined in Texas Administrative Code Title 19, Part 7, Chapter 249, sanctions can include reprimands, certificate restrictions, suspension, or permanent revocation. Specific minimum sanctions apply for actions like contract abandonment, with penalties increasing based on proximity to the start of instruction. Permanent revocation is mandatory for certain serious offenses. Administrators can also face penalties for failing to report required information.
Parents face legal consequences mainly related to mandatory attendance. While student truancy was decriminalized in 2015, parents can be prosecuted under Section 25.093 for “Parent Contributing to Nonattendance” if they negligently fail to ensure their child attends school after warnings. This Class C misdemeanor carries escalating fines. Courts may order parents into programs or hold them in contempt for disobeying attendance-related orders. Students aged 12-18 with excessive unexcused absences may face civil proceedings in truancy court under Texas Family Code Chapter 65, focusing on remediation rather than criminal penalties.
