CHAPTER 11. SCHOOL DISTRICTS
EDUCATION CODE
TITLE 2. PUBLIC EDUCATION
SUBTITLE C. LOCAL ORGANIZATION AND GOVERNANCE
CHAPTER 11. SCHOOL DISTRICTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 11.001. ACCREDITATION. Each school district must be
accredited by the agency as provided by Subchapter C, Chapter 39.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
895, Sec. 5, eff. June 19, 2009.
Sec. 11.002. RESPONSIBILITY OF SCHOOL DISTRICTS FOR PUBLIC
EDUCATION. The school districts and charter schools created in
accordance with the laws of this state have the primary
responsibility for implementing the state's system of public
education and ensuring student performance in accordance with
this code.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 11.003. ADMINISTRATIVE EFFICIENCY. (b) Each regional
education service center shall:
(1) notify each school district served by the center regarding
the opportunities available through the center for cooperative
shared services arrangements within the center's service area;
and
(2) evaluate the need for cooperative shared services
arrangements within the center's service area and consider
expanding center-sponsored cooperative shared services
arrangements.
(c) Each regional education service center shall assist a school
district board of trustees in entering into an agreement with
another district or political subdivision, a regional education
service center, or an institution of higher education as defined
by Section 61.003, for a cooperative shared services arrangement
regarding administrative services, including transportation, food
service, purchasing, and payroll functions.
(d) The commissioner may require a district to enter into a
cooperative shared services arrangement for administrative
services if the commissioner determines:
(1) that the district has failed to satisfy a financial
accountability standard as determined by commissioner rule under
Subchapter D, Chapter 39; and
(2) that entering into a cooperative shared services arrangement
would:
(A) enable the district to enhance its performance on the
financial accountability standard identified under Subdivision
(1); and
(B) promote the efficient operation of the district.
(e) The commissioner may require an open-enrollment charter
school to enter into a cooperative shared services arrangement
for administrative services if the commissioner determines, after
an audit conducted under Section 12.1163, that such a cooperative
shared services arrangement would promote the efficient operation
of the school.
Added by Acts 2006, 79th Leg., 3rd C.S., Ch.
5, Sec. 2.03, eff. May 31, 2006.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
895, Sec. 6, eff. June 19, 2009.
SUBCHAPTER B. INDEPENDENT SCHOOL DISTRICTS
Sec. 11.011. ORGANIZATION. The board of trustees of an
independent school district, the superintendent of the district,
the campus administrators, and the district- and campus-level
committees established under Section 11.251 shall contribute to
the operation of the district in the manner provided by this code
and by the board of trustees of the district in a manner not
inconsistent with this code.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
SUBCHAPTER C. BOARD OF TRUSTEES OF INDEPENDENT SCHOOL
DISTRICT--GENERAL PROVISIONS
Sec. 11.051. GOVERNANCE OF INDEPENDENT SCHOOL DISTRICT; NUMBER
OF TRUSTEES. (a) An independent school district is governed by
a board of trustees who, as a body corporate, shall:
(1) oversee the management of the district; and
(2) ensure that the superintendent implements and monitors
plans, procedures, programs, and systems to achieve appropriate,
clearly defined, and desired results in the major areas of
district operations.
(a-1) Unless authorized by the board, a member of the board may
not, individually, act on behalf of the board. The board of
trustees may act only by majority vote of the members present at
a meeting held in compliance with Chapter 551, Government Code,
at which a quorum of the board is present and voting. The board
shall provide the superintendent an opportunity to present at a
meeting an oral or written recommendation to the board on any
item that is voted on by the board at the meeting.
(b) The board consists of the number of members that the
district had on September 1, 1995.
(c) A board of trustees that has three or five members may by
resolution increase the membership to seven. A board of trustees
that votes to increase its membership must consider whether the
district would benefit from also adopting a single-member
election system under Section 11.052. A resolution increasing the
number of trustees takes effect with the second regular election
of trustees that occurs after the adoption of the resolution. The
resolution must provide for a transition in the number of
trustees so that when the transition is complete, trustees are
elected as provided by Section 11.059.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1244, Sec. 1, eff. September 1, 2007.
Sec. 11.052. SINGLE-MEMBER TRUSTEE DISTRICTS. (a) Except as
provided by Subsection (b), the board of trustees of an
independent school district, on its own motion, may order that
trustees of the district are to be elected from single-member
trustee districts or that not fewer than 70 percent of the
members of the board of trustees are to be elected from
single-member trustee districts with the remaining trustees to be
elected from the district at large.
(b) If a majority of the area of an independent school district
is located in a county with a population of less than 10,000, the
board of trustees of the district, on its own motion, may order
that trustees of the district are to be elected from
single-member trustee districts or that not fewer than 50 percent
of the members of the board of trustees are to be elected from
single-member trustee districts with the remaining trustees to be
elected from the district at large.
(c) Before adopting an order under Subsection (a) or (b), the
board must:
(1) hold a public hearing at which registered voters of the
district are given an opportunity to comment on whether or not
they favor the election of trustees in the manner proposed by the
board; and
(2) publish notice of the hearing in a newspaper that has
general circulation in the district, not later than the seventh
day before the date of the hearing.
(d) An order of the board adopted under Subsection (a) or (b)
must be entered not later than the 120th day before the date of
the first election at which all or some of the trustees are
elected from single-member trustee districts authorized by the
order.
(e) If at least 15 percent or 15,000 of the registered voters of
the school district, whichever is less, sign and present to the
board of trustees a petition requesting submission to the voters
of the proposition that trustees of the district be elected in a
specific manner, which must be generally described on the
petition and which must be a manner of election that the board
could have ordered on its own motion under Subsection (a) or (b),
the board shall order that the appropriate proposition be placed
on the ballot at the first regular election of trustees held
after the 120th day after the date the petition is submitted to
the board. The proposition must specify the number of trustees to
be elected from single-member districts. Beginning with the first
regular election of trustees held after an election at which a
majority of the registered voters voting approve the proposition,
trustees of the district shall be elected in the manner
prescribed by the approved proposition.
(f) If single-member trustee districts are adopted or approved
as provided by this section, the board shall divide the school
district into the appropriate number of trustee districts, based
on the number of members of the board that are to be elected from
single-member trustee districts, and shall number each trustee
district. The trustee districts must be compact and contiguous
and must be as nearly as practicable of equal population. In a
district with 150,000 or more students in average daily
attendance, the boundary of a trustee district may not cross a
county election precinct boundary except at a point at which the
boundary of the school district crosses the county election
precinct boundary. Trustee districts must be drawn not later than
the 90th day before the date of the first election of trustees
from those districts.
(g) Residents of each trustee district are entitled to elect one
trustee to the board. A trustee elected to represent a trustee
district at the first election of trustees must be a resident of
the district the trustee represents not later than: (1) the 90th
day after the date election returns are canvassed; or (2) the
60th day after the date of a final judgment in an election
contest filed concerning that trustee district. After the first
election of trustees from single-member trustee districts, a
candidate for trustee representing a single-member trustee
district must be a resident of the district the candidate seeks
to represent. A person appointed to fill a vacancy in a trustee
district must be a resident of that trustee district. A trustee
vacates the office if the trustee fails to move into the trustee
district the trustee represents within the time provided by this
subsection or ceases to reside in the district the trustee
represents. A candidate for trustee representing the district at
large must be a resident of the district.
(h) At the first election at which some or all of the trustees
are elected in a manner authorized by this section and after each
redistricting, all positions on the board shall be filled. The
trustees then elected shall draw lots for staggered terms as
provided by Section 11.059.
(i) Not later than the 90th day before the date of the first
regular school board election at which trustees may officially
recognize and act on the last preceding federal census, the board
shall redivide the district into the appropriate number of
trustee districts if the census data indicates that the
population of the most populous district exceeds the population
of the least populous district by more than 10 percent.
Redivision of the district shall be in the manner provided for
division of the district under Subsection (f).
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 2001, 77th Leg., ch. 982, Sec. 1, eff.
Sept. 1, 2001.
Sec. 11.053. OPTION TO CONTINUE IN OFFICE FOLLOWING ADOPTION OF
SINGLE-MEMBER PLAN OR REDISTRICTING. (a) The board of trustees
of an independent school district that adopts a redistricting
plan under Section 11.052 may provide for the trustees in office
when the plan is adopted or the school district is redistricted
to serve for the remainder of their terms in accordance with this
section.
(b) The trustee district and any at-large positions provided by
the district's plan shall be filled as the staggered terms of
trustees then in office expire. Not later than the 90th day
before the date of the first election from trustee districts and
after each redistricting, the board shall determine the order in
which the positions will be filled.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 2001, 77th Leg., ch. 982, Sec. 2, eff.
Sept. 1, 2001.
Sec. 11.054. ELECTING TRUSTEES BY CUMULATIVE VOTING. (a) The
board of trustees of an independent school district that elects
its trustees at large or at large by position may order that
elections for trustees be held using the cumulative voting
procedure described by this section.
(b) At an election at which more than one trustee position is to
be filled, all of the positions that are to be filled at the
election shall be voted on as one race by all the voters of the
school district. Each voter is entitled to cast a number of votes
equal to the number of positions to be filled at the election.
(c) A voter may cast one or more of the specified number of
votes for any one or more candidates in any combination. Only
whole votes may be cast and counted.
(d) If a voter casts more than the number of votes to which the
voter is entitled in the election, none of the voter's votes may
be counted in that election. If a voter casts fewer votes than
entitled, all of the voter's votes are counted in that election.
(e) The candidates who are elected are those, in the number to
be elected, receiving the highest numbers of votes.
(f) If the board of trustees adopts an order requiring the use
of cumulative voting, only the trustee positions that were
scheduled to be elected at the election are filled through the
use of cumulative voting.
(g) An independent school district that adopts an order
requiring the use of cumulative voting may not elect its members
by position as provided by Section 11.058.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 11.055. APPLICATION TO GET ON BALLOT. (a) Except as
provided by Subsection (c), an application of a candidate for a
place on the ballot must be filed not later than 5 p.m. of the
62nd day before the date of the election. An application may not
be filed earlier than the 30th day before the date of the filing
deadline.
(b) In a district in which the positions on the board of
trustees are not authorized to be designated by number, an
applicant is not required to state which other candidate, if any,
the applicant is opposing.
(c) For an election to be held on the date of the general
election for state and county officers, the day of the filing
deadline is the 70th day before election day.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 2003, 78th Leg., ch. 925, Sec. 9, eff. Nov.
1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1109, Sec. 30, eff. September 1, 2005.
Sec. 11.056. WRITE-IN VOTING. (a) In an election for trustees
of an independent school district, a write-in vote may not be
counted for a person unless that person has filed a declaration
of write-in candidacy with the secretary of the board of trustees
in the manner provided for write-in candidates in the general
election for state and county officers.
(b) Except as provided by Subsection (e), a declaration of
write-in candidacy must be filed not later than 5 p.m. of the
fifth day after the date an application for a place on the ballot
is required to be filed.
(c) With the appropriate modifications and to the extent
practicable, Subchapter B, Chapter 146, Election Code, applies to
write-in voting in an election for trustees of an independent
school district.
(d) The secretary of state shall adopt the rules necessary to
implement this section.
(e) For an election to be held on the date of the general
election for state and county officers, the day of the filing
deadline is the 67th day before election day.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 74, eff.
Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
1109, Sec. 31, eff. September 1, 2005.
Sec. 11.057. DETERMINATION OF RESULTS; OPTIONAL MAJORITY VOTE
REQUIREMENT. (a) Except as provided by Subsection (c), in an
independent school district in which the positions of trustees
are designated by number as provided by Section 11.058 or in
which the trustees are elected from single-member trustee
districts as provided by Section 11.052, the candidate receiving
the highest number of votes for each respective position voted on
is elected.
(b) In a district in which the positions of trustees are not
designated by number or in which the trustees are not elected
from single-member trustee districts, the candidates receiving
the highest number of votes shall fill the positions the terms of
which are normally expiring.
(c) The board of trustees of an independent school district in
which the positions of trustees are designated by number or in
which the trustees are elected from single-member trustee
districts as provided by Section 11.052 may provide by
resolution, not later than the 180th day before the date of an
election, that a candidate must receive a majority of the votes
cast for a position or in a trustee district, as applicable, to
be elected. A resolution adopted under this subsection is
effective until rescinded by a subsequent resolution adopted not
later than the 180th day before the date of the first election to
which the rescission applies.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 1999, 76th Leg., ch. 522, Sec. 1, eff.
Sept. 1, 1999.
Sec. 11.058. ELECTION BY POSITION. (a) The designation of the
positions of trustees by number is or may be required only as
specified by this section.
(b) The positions on the board of trustees shall be designated
by number in any independent school district in which the
procedure of designating and electing the trustees by number has
been authorized and instituted whether under general or special
law and whether by resolution of the trustees or by operation of
law.
(c) The positions on the board of trustees shall be designated
by number in any independent school district in which the board
of trustees by resolution orders that all candidates for trustee
be voted on and elected separately for positions on the board of
trustees and that all candidates be designated on the official
ballot according to the number of the positions for which they
seek election.
(d) The resolution of the board of trustees must be made not
later than the 60th day before the date of any trustee election
for this section to apply.
(e) The board shall also, not later than the 60th day before the
date of the election, number the positions on the board in the
order in which the terms of office of the trustees expire.
(f) Once the board of trustees of an independent school district
has ordered the election of trustees by numbered positions under
this section, neither the board of trustees nor their successors
may rescind the action.
(g) Ballots for an election to which this section applies must
clearly show the position for which each person is a candidate.
The board of trustees shall arrange by lot the names of the
candidates for each position.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 11.0581. JOINT ELECTIONS REQUIRED. (a) An election for
trustees of an independent school district shall be held on the
same date as:
(1) the election for the members of the governing body of a
municipality located in the school district;
(2) the general election for state and county officers; or
(3) the election for the members of the governing body of a
hospital district, if the school district:
(A) is wholly or partly located in a county with a population of
less than 30,000 that is adjacent to a county with a population
of more than three million; and
(B) held its election for trustees jointly with the election for
the members of the governing body of the hospital district before
May 2007.
(b) Elections held on the same date as provided by Subsection
(a) shall be held as a joint election under Chapter 271, Election
Code.
(c) The voters of a joint election under this section shall be
served by common polling places consistent with Section
271.003(b), Election Code.
(d) The board of trustees of an independent school district
changing an election date to comply with this section shall
adjust the terms of office of its members to conform to the new
election date.
Added by Acts 2006, 79th Leg., 3rd C.S., Ch.
5, Sec. 11.01, eff. May 31, 2006.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1010, Sec. 2, eff. September 1, 2007.
Sec. 11.059. TERMS. (a) A trustee of an independent school
district serves a term of three or four years.
(b) Elections for trustees with three-year terms shall be held
annually. The terms of one-third of the trustees, or as near to
one-third as possible, expire each year.
(c) Elections for trustees with four-year terms shall be held
biennially. The terms of one-half of the trustees, or as near to
one-half as possible, expire every two years.
(d) A board policy must state the schedule on which specific
terms expire.
(e) Not later than December 31, 2007, the board of trustees may
adopt a resolution changing the length of the terms of its
trustees. The resolution must provide for a term of either three
or four years and specify the manner in which the transition from
the length of the former term to the modified term is made. The
transition must begin with the first regular election for
trustees that occurs after January 1, 2008, and a trustee who
serves on that date shall serve the remainder of that term. This
subsection expires January 1, 2013.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
17, Sec. 1, eff. April 25, 2007.
Sec. 11.060. VACANCIES. (a) If a vacancy occurs on the board
of trustees of an independent school district, the remaining
trustees may fill the vacancy by appointment until the next
trustee election.
(b) If the board is appointed by the governing body of a
municipality, a trustee appointed by the governing body to fill a
vacancy shall serve for the unexpired term.
(c) Instead of filling a vacancy by appointment under Subsection
(a) or (b), the board or municipal governing body may order a
special election to fill the vacancy. A special election is
conducted in the same manner as the district's general election
except as provided by the Election Code.
(d) If more than one year remains in the term of the position
vacated, the vacancy shall be filled under this section not later
than the 180th day after the date the vacancy occurs.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 11.061. QUALIFICATION AND ORGANIZATION OF TRUSTEES;
COMPENSATION. (a) The trustees first elected or appointed after
the creation or incorporation of an independent school district
shall file their official oaths with the county judge of the
county in which the district or a major portion of the district
is situated. After all subsequent elections, the newly elected
trustees shall file their official oaths with the president of
the board of trustees.
(b) A person may not be elected trustee of an independent school
district unless the person is a qualified voter.
(c) Except as provided by Section 11.062, at the first meeting
after each election and qualification of trustees, the members
shall organize by selecting:
(1) a president, who must be a member of the board;
(2) a secretary, who may or may not be a member of the board;
and
(3) other officers and committees the board considers necessary.
(d) The trustees serve without compensation.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 11.062. ELECTION OF OFFICERS IN CERTAIN SCHOOL DISTRICTS.
An independent school district in which, before September 1,
1995, part of the trustees were elected from single-member
trustee districts and one or more board officers were elected at
large shall continue electing trustees and officers in that
manner until a different method of selection is adopted by
resolution of the board of trustees.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 11.0621. MEETINGS. The minutes, certified agenda, or
recording, as applicable, of a regular or special meeting of the
board of trustees must reflect each member's attendance at or
absence from the meeting. The minutes or tape recording of an
open meeting must be accessible to the public in accordance with
Section 551.022, Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
1244, Sec. 2, eff. September 1, 2007.
Sec. 11.063. ELIGIBILITY FOR EMPLOYMENT. A trustee of an
independent school district may not accept employment with that
school district until the first anniversary of the date the
trustee's membership on the board ends.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 11.064. FILING OF FINANCIAL STATEMENT BY TRUSTEE. (a) The
board of trustees of an independent school district by resolution
adopted by majority vote may require each member of the board to
file the financial statement required of state officers under
Subchapter B, Chapter 572, Government Code, with:
(1) the board of trustees; and
(2) the Texas Ethics Commission.
(a-1) Not later than the 15th day after the date a board of
trustees adopts a resolution under Subsection (a), the board
shall deliver a certified copy of the resolution to the Texas
Ethics Commission.
(a-2) A resolution adopted under Subsection (a) applies
beginning on January 1 of the second year following the year in
which the resolution is adopted. A member of a board of trustees
that has adopted a resolution under Subsection (a) is not
required to include, in a financial disclosure statement under
this section, financial activity occurring before January 1 of
the year following the year in which the resolution is adopted.
(a-3) The commissioner by order shall require the members of the
board of trustees of an independent school district to file the
financial statement required of state officers under Subchapter
B, Chapter 572, Government Code, in the same manner as the
members of a board of trustees that have adopted a resolution
under Subsection (a) if the commissioner determines that:
(1) a board member has failed to comply with filing and recusal
requirements applicable to the member under Chapter 171, Local
Government Code;
(2) the district financial accounting practices are not adequate
to safeguard state and district funds; or
(3) the district has not met a standard set by the commissioner
in the financial accountability rating system.
(a-4) The commissioner may require filing financial statements
under Subsection (a-3) covering not more than three fiscal years
and beginning on January 1 of the second year following the date
of the commissioner's order. A member of a board of trustees
subject to an order issued under Subsection (a-3) is not required
to include, in a financial disclosure statement subject to this
section, financial activity occurring before January 1 of the
year following the year in which the order is issued. The
commissioner may renew the requirement if the commissioner
determines that a condition described by Subsection (c) continues
to exist.
(b) Subchapter B, Chapter 572, Government Code:
(1) applies to a trustee subject to this section as if the
trustee were a state officer; and
(2) governs the contents, timeliness of filing, and public
inspection of a statement filed under this section.
(c) A trustee serving in a school district that has adopted a
resolution under Subsection (a) or that is subject to an order
issued under Subsection (a-3) commits an offense if the trustee
fails to file the statement required by the resolution or order.
An offense under this section is a Class B misdemeanor.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.04, eff. Sept. 1,
2003. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec.
30.01, eff. Jan. 11, 2004.
Sec. 11.065. APPLICABILITY TO CERTAIN DISTRICTS.
(a) Sections 11.052(g) and (h) and Sections 11.059(a) and (b) do
not apply to the board of trustees of a school district if:
(1) the district's central administrative office is located in a
county with a population of more than two million; and
(2) the district's student enrollment is more than 125,000 and
less than 200,000.
(b) Section 11.053 of this code and Section 141.001, Election
Code, apply to the board of trustees of a school district
described by Subsection (a).
(c) A trustee of a school district described by Subsection (a)
may not serve a term that exceeds four years.
(d) Notwithstanding Chapter 171, Acts of the 50th Legislature,
Regular Session, 1947 (Article 2783d, Vernon's Texas Civil
Statutes), to the extent consistent with this section, the board
of trustees of a school district described by Subsection (a) may
adopt rules necessary to govern the term, election, and residency
requirements of members of the board that may be adopted under
general law by any other school district.
Added by Acts 2003, 78th Leg., ch. 344, Sec. 1, eff. June 18,
2003.
Renumbered from Education Code, Section 11.064 by Acts 2005, 79th
Leg., Ch.
728, Sec. 23.001(10), eff. September 1, 2005.
SUBCHAPTER D. POWERS AND DUTIES OF BOARD OF TRUSTEES OF
INDEPENDENT SCHOOL DISTRICT
Sec. 11.151. IN GENERAL. (a) The trustees of an independent
school district constitute a body corporate and in the name of
the district may acquire and hold real and personal property, sue
and be sued, and receive bequests and donations or other moneys
or funds coming legally into their hands.
(b) The trustees as a body corporate have the exclusive power
and duty to govern and oversee the management of the public
schools of the district. All powers and duties not specifically
delegated by statute to the agency or to the State Board of
Education are reserved for the trustees, and the agency may not
substitute its judgment for the lawful exercise of those powers
and duties by the trustees.
(c) All rights and titles to the school property of the
district, whether real or personal, shall be vested in the
trustees and their successors in office. The trustees may, in any
appropriate manner, dispose of property that is no longer
necessary for the operation of the school district.
(d) The trustees may adopt rules and bylaws necessary to carry
out the powers and duties provided by Subsection (b).
(e) A school district may request the assistance of the attorney
general on any legal matter. The district must pay any costs
associated with the assistance.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 2003, 78th Leg., ch. 201, Sec. 5, eff.
Sept. 1, 2003.
Sec. 11.1511. SPECIFIC POWERS AND DUTIES OF BOARD. (a) In
addition to powers and duties under Section 11.151 or other law,
the board of trustees of an independent school district has the
powers and duties provided by Subsection (b).
(b) The board shall:
(1) seek to establish working relationships with other public
entities to make effective use of community resources and to
serve the needs of public school students in the community;
(2) adopt a vision statement and comprehensive goals for the
district and the superintendent and monitor progress toward those
goals;
(3) establish performance goals for the district concerning:
(A) the academic and fiscal performance indicators under
Subchapters C, D, and J, Chapter 39; and
(B) any performance indicators adopted by the district;
(4) ensure that the superintendent:
(A) is accountable for achieving performance results;
(B) recognizes performance accomplishments; and
(C) takes action as necessary to meet performance goals;
(5) adopt a policy to establish a district- and campus-level
planning and decision-making process as required under Section
11.251;
(6) publish an annual educational performance report as required
under Section 39.306;
(7) adopt an annual budget for the district as required under
Section 44.004;
(8) adopt a tax rate each fiscal year as required under Section
26.05, Tax Code;
(9) monitor district finances to ensure that the superintendent
is properly maintaining the district's financial procedures and
records;
(10) ensure that district fiscal accounts are audited annually
as required under Section 44.008;
(11) publish an end-of-year financial report for distribution to
the community;
(12) conduct elections as required by law;
(13) by rule, adopt a process through which district personnel,
students or the parents or guardians of students, and members of
the public may obtain a hearing from the district administrators
and the board regarding a complaint;
(14) make decisions relating to terminating the employment of
district employees employed under a contract to which Chapter 21
applies, including terminating or not renewing an employment
contract to which that chapter applies; and
(15) carry out other powers and duties as provided by this code
or other law.
(c) The board may:
(1) issue bonds and levy, pledge, assess, and collect an annual
ad valorem tax to pay the principal and interest on the bonds as
authorized under Sections 45.001 and 45.003;
(2) levy, assess, and collect an annual ad valorem tax for
maintenance and operation of the district as authorized under
Sections 45.002 and 45.003;
(3) employ a person to assess or collect the district's taxes as
authorized under Section 45.231; and
(4) enter into contracts as authorized under this code or other
law and delegate contractual authority to the superintendent as
appropriate.
Added by Acts 2007, 80th Leg., R.S., Ch.
1244, Sec. 3, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
895, Sec. 7, eff. June 19, 2009.
Sec. 11.1512. COLLABORATION BETWEEN BOARD AND SUPERINTENDENT.
(a) In relation to the superintendent of the school district,
the board of trustees of the district has the powers and duties
specified by Sections 11.1511(b) and (c). The superintendent
shall, on a day-to-day basis, ensure the implementation of the
policies created by the board.
(b) The board of trustees and the superintendent shall work
together to:
(1) advocate for the high achievement of all district students;
(2) create and support connections with community organizations
to provide community-wide support for the high achievement of all
district students;
(3) provide educational leadership for the district, including
leadership in developing the district vision statement and
long-range educational plan;
(4) establish district-wide policies and annual goals that are
tied directly to the district's vision statement and long-range
educational plan;
(5) support the professional development of principals,
teachers, and other staff; and
(6) periodically evaluate board and superintendent leadership,
governance, and teamwork.
Added by Acts 2007, 80th Leg., R.S., Ch.
1244, Sec. 3, eff. September 1, 2007.
Sec. 11.1513. EMPLOYMENT POLICY. (a) The board of trustees of
each independent school district shall adopt a policy providing
for the employment and duties of district personnel. The
employment policy must provide that:
(1) the board employs and evaluates the superintendent;
(2) the superintendent has sole authority to make
recommendations to the board regarding the selection of all
personnel other than the superintendent, except that the board
may delegate final authority for those decisions to the
superintendent; and
(3) each principal must approve each teacher or staff
appointment to the principal's campus as provided by Section
11.202.
(b) The board of trustees may accept or reject the
superintendent's recommendation regarding the selection of
district personnel and shall include the board's acceptance or
rejection in the minutes of the board's meeting, as required
under Section 551.021, Government Code, in the certified agenda
or tape recording required under Section 551.103, Government
Code, or in the recording required under Section 551.125 or
551.127, Government Code, as applicable. If the board rejects
the superintendent's recommendation, the superintendent shall
make alternative recommendations until the board accepts a
recommendation.
(c) The employment policy may:
(1) specify the terms of employment with the district;
(2) delegate to the superintendent the authority to determine
the terms of employment with the district; or
(3) include a provision for providing each current district
employee with an opportunity to participate in a process for
transferring to another school in or position with the district.
(d) The employment policy must provide that not later than the
10th school day before the date on which a district fills a
vacant position for which a certificate or license is required as
provided by Section 21.003, other than a position that affects
the safety and security of students as determined by the board of
trustees, the district must provide to each current district
employee:
(1) notice of the position by posting the position on:
(A) a bulletin board at:
(i) a place convenient to the public in the district's central
administrative office; and
(ii) the central administrative office of each campus in the
district during any time the office is open; or
(B) the district's Internet website, if the district has a
website; and
(2) a reasonable opportunity to apply for the position.
(e) If, during the school year, the district must fill a vacant
position held by a teacher, as defined by Section 21.201, in less
than 10 school days, the district:
(1) must provide notice of the position in the manner described
by Subsection (d)(1) as soon as possible after the vacancy
occurs;
(2) is not required to provide the notice for 10 school days
before filling the position; and
(3) is not required to comply with Subsection (d)(2).
(f) If, under the employment policy, the board of trustees
delegates to the superintendent the final authority to select
district personnel:
(1) the superintendent is a public official for purposes of
Chapter 573, Government Code, only with respect to a decision
made under that delegation of authority; and
(2) each member of the board of trustees remains subject to
Chapter 573, Government Code, with respect to all district
employees.
(g) Subsection (f) does not apply to a school district that is
located:
(1) wholly in a county with a population of less than 35,000; or
(2) in more than one county, if the county in which the largest
portion of the district territory is located has a population of
less than 35,000.
(h) For purposes of Subsection (f), a person hired by a school
district before September 1, 2007, is considered to have been in
continuous employment as provided by Section 573.062(a),
Government Code, and is not prohibited from continuing employment
with the district subject to the restrictions of Section
573.062(b), Government Code.
(i) The employment policy must provide each school district
employee with the right to present grievances to the district
board of trustees.
(j) The employment policy may not restrict the ability of a
school district employee to communicate directly with a member of
the board of trustees regarding a matter relating to the
operation of the district, except that the policy may prohibit ex
parte communication relating to:
(1) a hearing under Subchapter E or F, Chapter 21; and
(2) another appeal or hearing in which ex parte communication
would be inappropriate pending a final decision by a school
district board of trustees.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Amended by:
Acts 2005, 79th Leg., Ch.
705, Sec. 1, eff. June 17, 2005.
Acts 2007, 80th Leg., R.S., Ch.
10, Sec. 1, eff. April 23, 2007.
Redesignated from Education Code, Section 11.163 and amended by
Acts 2007, 80th Leg., R.S., Ch.
1244, Sec. 4, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 27.001(4), eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1347, Sec. 1, eff. June 19, 2009.
Sec. 11.152. TAXES; BONDS. The trustees of an independent
school district may levy and collect taxes and issue bonds in
compliance with Chapter 45. If a specific rate of tax is not
adopted at an election authorizing a tax, the trustees shall
determine the rate of tax to be levied within the limit voted and
specified by law.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 11.153. SALE OF MINERALS. (a) Minerals in land belonging
to an independent school district may be sold to any person under
this section.
(b) The sale must be authorized by a resolution adopted by
majority vote of the board of trustees of the school district.
(c) After adoption of a resolution under Subsection (b), the
president of the board of trustees may execute an oil or gas
lease or sell, exchange, and convey the minerals. The mineral
deed or lease must recite the approval of the resolution of the
board authorizing the sale.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 11.154. SALE OF PROPERTY OTHER THAN MINERALS. (a) The
board of trustees of an independent school district may, by
resolution, authorize the sale of any property, other than
minerals, held in trust for public school purposes.
(b) The president of the board of trustees shall execute a deed
to the purchaser of the property reciting the resolution of the
board of trustees authorizing the sale.
(c) A school district may employ, retain, contract with, or
compensate a licensed real estate broker or salesperson for
assistance in the acquisition or sale of real property.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 11.1541. DONATION OF SURPLUS PROPERTY. (a) The board of
trustees of an independent school district may, by resolution,
authorize the donation of real property and improvements formerly
used as a school campus to a municipality, county, state agency,
or nonprofit organization if:
(1) before adopting the resolution, the board holds a public
hearing concerning the donation and, in addition to any other
notice required, gives notice of the hearing by publishing the
subject matter, location, date, and time of the hearing in a
newspaper having general circulation in the territory of the
district;
(2) the board determines that:
(A) the improvements have historical significance;
(B) the transfer will further the preservation of the
improvements; and
(C) at the time of the transfer, the district does not need the
real property or improvements for educational purposes; and
(3) the entity to whom the transfer is made has shown, to the
satisfaction of the board, that the entity intends to continue to
use the real property and improvements for public purposes.
(b) The president of the board of trustees shall execute a deed
transferring ownership of the real property and improvements to
the municipality, county, state agency, or nonprofit
organization. The deed must:
(1) recite the resolution of the board authorizing the donation;
and
(2) provide that ownership of the real property and improvements
revert to the district if the municipality, county, state agency,
or nonprofit organization:
(A) discontinues use of the real property and improvements for
public purposes; or
(B) executes a document that purports to convey the property.
(c) In this section, "nonprofit organization" means an
organization exempt from federal income taxation under Section
501(a), Internal Revenue Code of 1986, as an organization
described by Section 501(c)(3) of that code.
Added by Acts 2001, 77th Leg., ch. 161, Sec. 1, eff. Jan. 1,
2002. Amended by Acts 2003, 78th Leg., ch. 1189, Sec. 1, eff.
Sept. 1, 2003.
Sec. 11.155. EMINENT DOMAIN. (a) An independent school
district may, by the exercise of the right of eminent domain,
acquire the fee simple title to real property for the purpose of
securing sites on which to construct school buildings or for any
other purpose necessary for the district.
(b) In a condemnation by a school district, the trial and all
other proceedings, including the assessing of damages, shall be
in compliance with the statutes that apply to condemnation by a
railroad.
(c) When final judgment is issued in a condemnation, the
plaintiff shall be awarded the fee simple title to the property
condemned.
(d) If the school district desires to take possession of the
property to be condemned pending suit, it may do so at any time
after the award of the commissioners and on the conditions in
Subdivisions (1)-(4).
(1) The district is not required to give any bond, but it must
pay to the defendant the amount of damages awarded or adjudged
against it by the commissioners or deposit that amount in court
subject to the order of the defendant, and the district shall pay
the costs awarded against it.
(2) If on an appeal from the award of the commissioners the
judgment exceeds the amount of the award, the district, if it has
previously taken possession of the property, shall pay the
judgment and costs awarded against it, not later than the 60th
day after the date of the final judgment in the case. If the
school district fails to pay the judgment and costs, the court
shall on application of the defendant determine the damages, if
any, the defendant has suffered by reason of the temporary
possession by the plaintiff, order those damages paid out of the
award deposited in court, and order a writ of possession for the
property in favor of the defendant.
(3) If the final judgment on an appeal is less than the amount
of the award of the commissioners, the court shall order the
excess to be returned to the district.
(4) If the cause is appealed from the decision of the county
court, the appeal is governed by the law governing appeals in
other cases, except that the judgment of the county court is not
suspended by the appeal.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 11.156. DONATIONS TO THE PUBLIC SCHOOLS. (a) A
conveyance, devise, or bequest of property for the benefit of the
public schools made by anyone for any county, municipality, or
district, if not otherwise directed by the donor, vests the
property in the county school trustees, the board of trustees of
the municipality or district, or their successors in office as
trustees for those to be benefited by the donation.
(b) The funds or other property donated or the income from the
property may be spent by the trustees:
(1) for any purpose designated by the donor that is in keeping
with the lawful purposes of the schools for the benefit of which
the donation was made; or
(2) for any legal purpose if a specific purpose is not
designated by the donor.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 11.157. CONTRACTS FOR EDUCATIONAL SERVICES. The board of
trustees of an independent school district may contract with a
public or private entity for that entity to provide educational
services for the district.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 11.158. AUTHORITY TO CHARGE FEES. (a) The board of
trustees of an independent school district may require payment
of:
(1) a fee for materials used in any program in which the
resultant product in excess of minimum requirements becomes, at
the student's option, the personal property of the student, if
the fee does not exceed the cost of materials;
(2) membership dues in student organizations or clubs and
admission fees or charges for attending extracurricular
activities, if membership or attendance is voluntary;
(3) a security deposit for the return of materials, supplies, or
equipment;
(4) a fee for personal physical education and athletic equipment
and apparel, although any student may provide the student's own
equipment or apparel if it meets reasonable requirements and
standards relating to health and safety established by the board;
(5) a fee for items of personal use or products that a student
may purchase at the student's option, such as student
publications, class rings, annuals, and graduation announcements;
(6) a fee specifically permitted by any other statute;
(7) a fee for an authorized voluntary student health and
accident benefit plan;
(8) a reasonable fee, not to exceed the actual annual
maintenance cost, for the use of musical instruments and uniforms
owned or rented by the district;
(9) a fee for items of personal apparel that become the property
of the student and that are used in extracurricular activities;
(10) a parking fee or a fee for an identification card;
(11) a fee for a driver training course, not to exceed the
actual district cost per student in the program for the current
school year;
(12) a fee for a course offered for credit that requires the use
of facilities not available on the school premises or the
employment of an educator who is not part of the school's regular
staff, if participation in the course is at the student's option;
(13) a fee for a course offered during summer school, except
that the board may charge a fee for a course required for
graduation only if the course is also offered without a fee
during the regular school year;
(14) a reasonable fee for transportation of a student who lives
within two miles of the school the student attends to and from
that school, except that the board may not charge a fee for
transportation for which the school district receives funds under
Section 42.155(d); or
(15) a reasonable fee, not to exceed $50, for costs associated
with an educational program offered outside of regular school
hours through which a student who was absent from class receives
instruction voluntarily for the purpose of making up the missed
instruction and meeting the level of attendance required under
Section 25.092.
(b) The board may not charge fees for:
(1) textbooks, workbooks, laboratory supplies, or other supplies
necessary for participation in any instructional course except as
authorized under this code;
(2) field trips required as a part of a basic education program
or course;
(3) any specific form of dress necessary for any required
educational program or diplomas;
(4) the payment of instructional costs for necessary school
personnel employed in any course or educational program required
for graduation;
(5) library books required to be used for any educational course
or program, other than fines for lost, damaged, or overdue books;
(6) admission to any activity the student is required to attend
as a prerequisite to graduation;
(7) admission to or examination in any required educational
course or program; or
(8) lockers.
(c) Students may be required to furnish personal or consumable
items, including pencils, paper, pens, erasers, notebooks, and
school uniforms, except that students who are educationally
disadvantaged may be required to furnish school uniforms only as
provided by Section 11.162.
(d) The board may not charge a fee under Subsection (a)(12) for
a course to which Section 28.003 applies.
(e) This section does not prohibit the operation of a school
store in which students may purchase school supplies and
materials.
(f) A school district shall adopt reasonable procedures for
waiving a deposit or fee if a student or the student's parent or
guardian is unable to pay it. This policy shall be posted in a
central location in each school facility, in the school policy
manual, and in the student handbook.
(g) This section does not prohibit a board of trustees from
charging reasonable fees for goods and services provided in
connection with any postsecondary instructional program,
including career and technology, adult, veterans', or continuing
education, community service, evening school, and high school
equivalency programs.
(h) For a fee charged under Subsection (a)(15), the school
district must provide a written form to be signed by the
student's legal guardian stating that this fee would not create a
financial hardship or discourage the student from attending the
program. The school district may only assess the fee if the
student returns the signed form.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 1997, 75th Leg., ch. 1029, Sec. 3, eff.
June 19, 1997; Acts 1999, 76th Leg., ch. 698, Sec. 1, eff. June
18, 1999.
Sec. 11.159. MEMBER TRAINING AND ORIENTATION. (a) The State
Board of Education shall provide a training course for
independent school district trustees to be offered by the
regional education service centers. Registration for a course
must be open to any interested person, including current and
prospective board members, and the state board may prescribe a
registration fee designed to offset the costs of providing that
course.
(b) A trustee must complete any training required by the State
Board of Education. The minutes of the last regular meeting of
the board of trustees held during a calendar year must reflect
whether each trustee has met or is delinquent in meeting the
training required to be completed as of the date of the meeting.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1244, Sec. 5, eff. September 1, 2007.
Sec. 11.160. CHANGE OF SCHOOL DISTRICT NAME. (a) The board of
trustees of an independent school district by resolution may
change the name of the school district.
(b) The board shall give notice of the change in name of the
district by sending to the commissioner a copy of the resolution,
attested by the president and secretary of the board. The
district, under its changed name, is considered a continuation of
the district, as formerly named, for all purposes.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 11.161. FRIVOLOUS SUIT. In a civil suit brought under
state law, against an independent school district or an officer
of an independent school district acting under color of office,
the court may award costs and reasonable attorney's fees if:
(1) the court finds that the suit is frivolous, unreasonable,
and without foundation; and
(2) the suit is dismissed or judgment is for the defendant.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 11.162. SCHOOL UNIFORMS. (a) The board of trustees of an
independent school district may adopt rules that require students
at a school in the district to wear school uniforms if the board
determines that the requirement would improve the learning
environment at the school.
(b) The rules the board of trustees adopts must designate a
source of funding that shall be used in providing uniforms for
students at the school who are educationally disadvantaged.
(c) A parent or guardian of a student assigned to attend a
school at which students are required to wear school uniforms may
choose for the student to be exempted from the requirement or to
transfer to a school at which students are not required to wear
uniforms and at which space is available if the parent or
guardian provides a written statement that, as determined by the
board of trustees, states a bona fide religious or philosophical
objection to the requirement.
(d) Students at a school at which uniforms are required shall
wear the uniforms beginning on the 90th day after the date on
which the board of trustees adopts the rules that require the
uniforms.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 11.164. RESTRICTING WRITTEN INFORMATION. (a) The board of
trustees of each school district shall limit redundant requests
for information and the number and length of written reports that
a classroom teacher is required to prepare. A classroom teacher
may not be required to prepare any written information other
than:
(1) any report concerning the health, safety, or welfare of a
student;
(2) a report of a student's grade on an assignment or
examination;
(3) a report of a student's academic progress in a class or
course;
(4) a report of a student's grades at the end of each grade
reporting period;
(5) a textbook report;
(6) a unit or weekly lesson plan that outlines, in a brief and
general manner, the information to be presented during each
period at the secondary level or in each subject or topic at the
elementary level;
(7) an attendance report;
(8) any report required for accreditation review;
(9) any information required by a school district that relates
to a complaint, grievance, or actual or potential litigation and
that requires the classroom teacher's involvement; or
(10) any information specifically required by law, rule, or
regulation.
(b) The board of trustees shall review paperwork requirements
imposed on classroom teachers and shall transfer to existing
noninstructional staff a reporting task that can reasonably be
accomplished by that staff.
(c) This section does not preclude a school district from
collecting essential information, in addition to information
specified under Subsection (a), from a classroom teacher on
agreement between the classroom teacher and the district.
Added by Acts 1997, 75th Leg., ch. 1320, Sec. 1, eff. Sept. 1,
1997. Amended by Acts 2003, 78th Leg., ch. 201, Sec. 6, eff.
Sept. 1, 2003.
Sec. 11.165. ACCESS TO SCHOOL CAMPUSES. The board of trustees
of an independent school district may adopt rules to keep school
campuses, including school libraries, open for recreational
activities, latchkey programs, and tutoring after school hours.
Added by Acts 1999, 76th Leg., ch. 1170, Sec. 1, eff. June 18,
1999.
Sec. 11.166. OPERATION ON CAMPUS OF INSTITUTION OF HIGHER
EDUCATION. (a) The board of trustees of a school district may
operate a school or program or hold a class on the campus of an
institution of higher education in this state if the board
obtains written consent from the president or other chief
executive officer of the institution.
(b) The president or other chief executive officer of an
institution of higher education may provide written consent to a
board of trustees of a school district under Subsection (a)
regardless of whether the institution is located within the
boundaries of the district.
Added by Acts 2001, 77th Leg., ch. 734, Sec. 1, eff. June 13,
2001.
Sec. 11.167. OPERATION OUTSIDE DISTRICT BOUNDARIES. The board
of trustees of a school district may operate a school or program,
including an extracurricular program, or hold a class outside the
boundaries of the district.
Added by Acts 2001, 77th Leg., ch. 734, Sec. 1, eff. June 13,
2001.
Sec. 11.168. USE OF DISTRICT RESOURCES PROHIBITED FOR CERTAIN
PURPOSES. Except as provided by Section 45.109 (a-1) and (a-2),
the board of trustees of a school district may not enter into an
agreement authorizing the use of school district employees,
property, or resources for the provision of materials or labor
for the design, construction, or renovation of improvements to
real property not owned or leased by the district.
Added by Acts 2005, 79th Leg., Ch.
979, Sec. 1, eff. June 18, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1328, Sec. 4, eff. September 1, 2009.
Sec. 11.169. ELECTIONEERING PROHIBITED. Notwithstanding any
other law, the board of trustees of an independent school
district may not use state or local funds or other resources of
the district to electioneer for or against any candidate,
measure, or political party.
Added by Acts 2005, 79th Leg., Ch.
1109, Sec. 32, eff. September 1, 2005.
Renumbered from