CHAPTER 1. GENERAL PROVISIONS
EDUCATION CODE
TITLE 1. GENERAL PROVISIONS
CHAPTER 1. GENERAL PROVISIONS
Sec. 1.001. APPLICABILITY. (a) This code applies to all
educational institutions supported in whole or in part by state
tax funds unless specifically excluded by this code.
(b) Except as provided by Chapter 18, Chapter 19, Subchapter A
of Chapter 29, Subchapter E of Chapter 30, or Chapter 30A, this
code does not apply to students, facilities, or programs under
the jurisdiction of the Department of Aging and Disability
Services, the Department of State Health Services, the Health and
Human Services Commission, the Texas Youth Commission, the Texas
Department of Criminal Justice, a Job Corps program operated by
or under contract with the United States Department of Labor, or
any juvenile probation agency.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Amended by:
Acts 2005, 79th Leg., Ch.
377, Sec. 2, eff. June 17, 2005.
Acts 2009, 81st Leg., R.S., Ch.
1328, Sec. 1, eff. September 1, 2009.
Sec. 1.002. EQUAL EDUCATIONAL SERVICES OR OPPORTUNITIES. (a)
An educational institution undertaking to provide education,
services, or activities to any individual within the jurisdiction
or geographical boundaries of the educational institution shall
provide equal opportunities to all individuals within its
jurisdiction or geographical boundaries pursuant to this code.
(b) An educational institution may not deny services to any
individual eligible to participate in a school district's special
education program as provided by Section 29.003, but the
educational institution shall provide individuals with
disabilities special educational services as authorized by law
or, where expressly authorized, assist in and contribute toward
the provision of appropriate special educational services in
cooperation with other educational institutions and other
appropriate agencies, institutions, or departments.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 1.003. THE FLYING OF THE UNITED STATES AND TEXAS FLAGS. On
all regular school days, every school and other educational
institution to which this code applies shall fly the United
States and Texas flags.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 1.004. DISPLAY OF NATIONAL MOTTO. A public elementary or
secondary school or an institution of higher education as defined
by Section 61.003 may display the United States national motto,
"In God We Trust," in each classroom, auditorium, and cafeteria.
Added by Acts 2003, 78th Leg., ch. 412, Sec. 1, eff. June 20,
2003.
Sec. 1.005. EDUCATION RESEARCH CENTERS; SHARING STUDENT
INFORMATION. (a) In this section:
(1) "Center" means a center for education research authorized by
this section.
(2) "Coordinating board" means the Texas Higher Education
Coordinating Board.
(b) The commissioner of education and the coordinating board may
establish not more than three centers for education research for
conducting research described by Subsections (e) and (f).
(c) A center may be established as part of:
(1) the Texas Education Agency;
(2) the coordinating board; or
(3) a public junior college, public senior college or
university, or public state college, as those terms are defined
by Section 61.003.
(d) A center may be operated under a memorandum of understanding
between the commissioner of education, the coordinating board,
and the governing board of an educational institution described
by Subsection (c)(3). The memorandum of understanding must
require the commissioner of education, or a person designated by
the commissioner, and the coordinating board, or a person
designated by the coordinating board, to provide direct, joint
supervision of the center under this section.
(e) A center shall conduct research for the benefit of education
in this state, including research relating to the impact of state
and federal education programs, the performance of educator
preparation programs, public school finance, and the best
practices of school districts with regard to classroom
instruction, bilingual education programs, special language
programs, and business practices.
(f) The commissioner of education and the coordinating board:
(1) under the memorandum of understanding described by
Subsection (d), may require a center to conduct certain research
projects considered of particular importance to the state, as
determined by the commissioner and the coordinating board;
(2) not later than the 45th day before the date a research
project required to be conducted under this subsection is
scheduled to begin, shall notify the governor, the Legislative
Budget Board, and the governing body of the educational
institution in which the center is established that the research
project is required; and
(3) shall provide sufficient funds to finance the project.
(g) In conducting research under this section, a center:
(1) may use data on student performance, including data that is
confidential under the Family Educational Rights and Privacy Act
of 1974 (20 U.S.C. Section 1232g), the center has collected from
the Texas Education Agency, the coordinating board, any public or
private institution of higher education, and any school district;
and
(2) shall comply with rules adopted by the commissioner of
education and the coordinating board to protect the
confidentiality of student information, including rules
establishing procedures to ensure that confidential student
information is not duplicated or removed from a center in an
unauthorized manner.
(h) The commissioner of education and the coordinating board
may:
(1) accept gifts and grants to be used in operating one or more
centers; and
(2) by rule impose reasonable fees, as appropriate, for the use
of a center's research, resources, or facilities.
(i) 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).
(j) The commissioner of education and the coordinating board
shall adopt rules as necessary to implement this section.
(k) In implementing this section, the commissioner of education
may use funds appropriated to the agency and available for the
purpose of establishing the centers. After a center is
established, the center must be funded by gifts and grants
accepted under Subsection (h)(1) and fees imposed under
Subsection (h)(2). Fees adopted under Subsection (h)(2) must be
set in an amount sufficient to provide for the continued
operation of the center.
Added by Acts 2006, 79th Leg., 3rd C.S., Ch.
5, Sec. 2.01, eff. May 31, 2006.