CHAPTER 7. STATE ORGANIZATION
EDUCATION CODE
TITLE 2. PUBLIC EDUCATION
SUBTITLE B. STATE AND REGIONAL ORGANIZATION AND GOVERNANCE
CHAPTER 7. STATE ORGANIZATION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7.001. DEFINITION. In this chapter, "board" means the
State Board of Education.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 7.002. TEXAS EDUCATION AGENCY: COMPOSITION AND PURPOSE.
(a) The commissioner of education and the agency staff comprise
the Texas Education Agency.
(b) The agency shall carry out the educational functions
specifically delegated under Section 7.021, 7.055, or another
provision of this code.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 7.003. LIMITATION ON AUTHORITY. An educational function
not specifically delegated to the agency or the board under this
code is reserved to and shall be performed by school districts or
open-enrollment charter schools.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 7.004. SUNSET PROVISION. The Texas Education Agency is
subject to Chapter 325, Government Code (Texas Sunset Act).
Unless continued in existence as provided by that chapter, the
agency is abolished September 1, 2013.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Amended by:
Acts 2005, 79th Leg., Ch.
1227, Sec. 1.05(a), eff. September 1, 2005.
Acts 2006, 79th Leg., 3rd C.S., Ch.
5, Sec. 8.01, eff. May 31, 2006.
Acts 2009, 81st Leg., 1st C.S., Ch.
2, Sec. 2.01, eff. July 10, 2009.
Sec. 7.005. COOPERATION BETWEEN STATE AGENCIES OF EDUCATION.
The State Board of Education and the Texas Higher Education
Coordinating Board, in conjunction with other appropriate
agencies, shall ensure that long-range plans and educational
programs established by each board provide a comprehensive
education for the students of this state under the jurisdiction
of that board, extending from early childhood education through
postgraduate study. In assuring that programs are coordinated,
the boards shall use the P-16 Council established under Section
61.076.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 2003, 78th Leg., ch. 820, Sec. 36, eff.
Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 4.001, eff. September 1, 2007.
Sec. 7.006. COORDINATION OF RECORDS. The commissioner of
education and the commissioner of higher education shall ensure
that records relating to student performance held by the Texas
Education Agency and the Texas Higher Education Coordinating
Board are coordinated and maintained in standardized, compatible
formats that permit:
(1) the exchange of information between the agencies; and
(2) the matching of individual student records so that a
student's academic performance may be assessed throughout the
student's educational career.
Added by Acts 2001, 77th Leg., ch. 834, Sec. 1, eff. Sept. 1,
2001.
Sec. 7.008. PUBLIC ACCESS TO PEIMS DATA. (a) The commissioner
with the assistance of an advisory panel described by Subsection
(b) shall develop a request for proposal for a qualified
third-party contractor to develop and implement procedures to
make available, through the agency Internet website, all
financial and academic performance data submitted through the
Public Education Information Management System (PEIMS) for school
districts and campuses.
(b) The commissioner shall appoint an advisory panel to assist
the commissioner in developing requirements for a system that is
easily accessible by the general public and contains information
of primary relevance to the public. The advisory panel shall
consist of:
(1) educators;
(2) interested stakeholders;
(3) business leaders; and
(4) other interested members of the public.
(c) The procedures developed under this section must provide:
(1) a summarized format easily understood by the public for
reporting financial and academic performance information on the
agency Internet website; and
(2) the ability for those who access the Internet website to
view and download state, district, and campus level information.
(d) 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). The commissioner shall adopt rules to protect the
confidentiality of student information.
(e) The procedures to make available, through the agency
Internet website, all financial and academic performance
information for school districts and campuses as described by
this section shall be implemented not later than August 1, 2007.
This subsection expires August 1, 2009.
Added by Acts 2006, 79th Leg., 3rd C.S., Ch.
5, Sec. 2.02, eff. May 31, 2006.
Sec. 7.009. BEST PRACTICES; CLEARINGHOUSE. (a) In coordination
with the Legislative Budget Board, the agency shall establish an
online clearinghouse of information relating to best practices of
campuses, school districts, and open-enrollment charter schools.
The agency shall determine the appropriate topic categories for
which a campus, district, or charter school may submit best
practices. To the extent practicable, the agency shall ensure
that information provided through the online clearinghouse is
specific, actionable information relating to the best practices
of high-performing and highly efficient campuses, districts, and
open-enrollment charter schools and of academically acceptable
campuses, districts, and open-enrollment charter schools that
have demonstrated significant improvement in student achievement
rather than general guidelines relating to campus, district, and
open-enrollment charter school operation. The information must
be accessible by campuses, school districts, open-enrollment
charter schools, and interested members of the public.
(b) The agency shall solicit and collect from the Legislative
Budget Board, centers for education research established under
Section 1.005, and school districts, campuses, and
open-enrollment charter schools examples of best practices as
determined by the agency under Subsection (a).
(c) The agency shall contract for the services of one or more
third-party contractors to develop, implement, and maintain a
system of collecting and evaluating the best practices of
campuses, school districts, and open-enrollment charter schools
as provided by this section. In addition to any other
considerations required by law, the agency must consider an
applicant's demonstrated competence and qualifications in
analyzing campus, school district, and open-enrollment charter
school practices in awarding a contract under this subsection.
(d) The commissioner may purchase from available funds
curriculum and other instructional tools identified under this
section to provide for use by school districts and
open-enrollment charter schools.
Added by Acts 2006, 79th Leg., 3rd C.S., Ch.
5, Sec. 2.02, eff. May 31, 2006.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1058, Sec. 1, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch.
895, Sec. 1, eff. June 19, 2009.
Sec. 7.010. ELECTRONIC STUDENT RECORDS SYSTEM. (a) In this
section, "institution of higher education" has the meaning
assigned by Section 61.003.
(b) Each school district, open-enrollment charter school, and
institution of higher education shall participate in an
electronic student records system that satisfies standards
approved by the commissioner of education and the commissioner of
higher education.
(c) The electronic student records system must permit an
authorized state or district official or an authorized
representative of an institution of higher education to
electronically transfer to and from an educational institution in
which the student is enrolled and retrieve student transcripts,
including information concerning a student's:
(1) course or grade completion;
(2) teachers of record;
(3) assessment instrument results;
(4) receipt of special education services, including placement
in a special education program and the individualized education
program developed; and
(5) personal graduation plan as described by Section 28.0212.
(d) The commissioner of education or the commissioner of higher
education may solicit and accept grant funds to maintain the
electronic student records system and to make the system
available to school districts, open-enrollment charter schools,
and institutions of higher education.
(e) A private or independent institution of higher education, as
defined by Section 61.003, may participate in the electronic
student records system under this section. If a private or
independent institution of higher education elects to
participate, the institution must provide the funding to
participate in the system.
(f) Any person involved in the transfer and retrieval of student
information under this section is subject to any state or federal
law governing the release of or providing access to any
confidential information to the same extent as the educational
institution from which the data is collected. A person may not
release or distribute the data to any other person in a form that
contains confidential information.
Added by Acts 2006, 79th Leg., 3rd C.S., Ch.
5, Sec. 3.01, eff. May 31, 2006.
SUBCHAPTER B. TEXAS EDUCATION AGENCY
Sec. 7.021. TEXAS EDUCATION AGENCY POWERS AND DUTIES. (a) The
agency shall perform the educational functions provided by
Subsection (b).
(b)(1) The agency shall administer and monitor compliance with
education programs required by federal or state law, including
federal funding and state funding for those programs.
(2) The agency shall conduct research, analysis, and reporting
to improve teaching and learning.
(3) The agency shall conduct hearings involving state school law
at the direction and under the supervision of the commissioner.
(4) The agency shall establish and implement pilot programs
established by this title.
(5) The agency shall carry out the duties relating to the
investment capital fund under Section 7.024.
(6) The agency shall develop and implement a teacher recruitment
program as provided by Section 21.004.
(7) The agency shall carry out duties under the Texas Advanced
Placement Incentive Program under Subchapter C, Chapter 28.
(8) The agency shall carry out powers and duties relating to
adult and community education as required under Subchapter H,
Chapter 29.
(9) The agency shall develop a program of instruction in driver
education and traffic safety as provided by Section 29.902.
(10) The agency shall carry out duties assigned under Section
30.002 concerning children with visual impairments.
(11) The agency shall carry out powers and duties related to
regional day school programs for the deaf as provided under
Subchapter D, Chapter 30.
(12) The agency shall establish and maintain an electronic
information transfer system as required under Section 32.032,
maintain and expand telecommunications capabilities of school
districts and regional education service centers as required
under Section 32.033, and establish technology demonstration
programs as required under Section 32.035.
(13) The agency shall review school district budgets, audit
reports, and other fiscal reports as required under Sections
44.008 and 44.010 and prescribe forms for financial reports made
by or for school districts to the commissioner or the agency as
required under Section 44.009.
(14) The agency shall cooperate with the Texas Higher Education
Coordinating Board in connection with the Texas partnership and
scholarship program under Subchapter P, Chapter 61.
(c) The agency may enter into an agreement with a federal agency
concerning a project related to education, including the
provision of school lunches and the construction of school
buildings. Not later than the 30th day before the date the agency
enters into an agreement under this subsection concerning a new
project or reauthorizing a project, the agency must provide
written notice, including a description of the project, to:
(1) the governor;
(2) the Legislative Budget Board; and
(3) the presiding officers of the standing committees of the
senate and of the house of representatives with primary
jurisdiction over the agency.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.01, eff.
Sept. 1, 1997.
Sec. 7.022. INTERNAL AUDIT. The auditor appointed by the
commissioner under Section 7.055 shall coordinate the agency's
efforts to evaluate and improve its internal operations.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 1997, 75th Leg., ch. 1122, Sec. 1, eff.
Sept. 1, 1997.
Sec. 7.023. AGENCY EMPLOYMENT POLICY. A decision of the agency
relating to employment shall be made without regard to a person's
race, color, disability, sex, religion, age, or national origin.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 7.024. INVESTMENT CAPITAL FUND. (a) The investment
capital fund consists of money appropriated for purposes of the
fund. The agency shall administer the fund. The purposes of
this fund are to assist eligible public schools to implement
practices and procedures consistent with deregulation and school
restructuring in order to improve student achievement and to help
schools identify and train parents and community leaders who will
hold the school and the school district accountable for achieving
high academic standards.
(b) The commissioner may make grants from the fund to eligible
schools.
(c) A school is eligible to apply for a grant if the school has
demonstrated a commitment to campus deregulation and to
restructuring educational practices and conditions at the school
by entering into a partnership with:
(1) school staff;
(2) parents of students at the school;
(3) community and business leaders;
(4) school district officers;
(5) a nonprofit, community-based organization that has a
demonstrated capacity to train, develop, and organize parents and
community leaders into a large, nonpartisan constituency that
will hold the school and the school district accountable for
achieving high academic standards; and
(6) the agency.
(d) A grant from the fund shall be made directly to the school
and may be used for the training and development of school staff,
parents, and community leaders in order that they understand and
implement the academic standards and practices necessary for high
academic achievement, appropriate strategies to deregulate and
restructure the school in order to improve student achievement,
and effective strategies to organize parents and community
leaders into a large, nonpartisan constituency that will hold the
school and the school district accountable for achieving high
academic standards. The grant may be used to implement strategies
developed by the partners that are designed to enrich or extend
student learning experiences outside of the regular school day.
(e) The commissioner may make a grant of up to $50,000 each
academic year to an eligible school. Campus administration
personnel of a school that receives a grant under this section
are accountable to the commissioner of education and must
demonstrate:
(1) the responsible use of the grant to achieve campus
deregulation and restructuring to improve academic performance;
(2) a comprehensive plan to engage in ongoing development and
training of teachers, parents, and community leaders to:
(A) understand academic standards;
(B) develop effective strategies to improve academic
performance; and
(C) organize a large constituency of parents and community
leaders to hold the school and school district accountable to
achieve high academic standards;
(3) ongoing progress in achieving higher academic performance;
and
(4) ongoing progress in identifying, training, and organizing
parents and community leaders who are holding the school and the
school district accountable for achieving high academic
standards.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 1999, 76th Leg., ch. 937, Sec. 1, eff.
Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1328, Sec. 2, eff. September 1, 2009.
Sec. 7.025. YMCA ACCOUNT. The YMCA account is a separate
account in the general revenue fund. The account is composed of
money deposited to the credit of the account under Section
502.299, Transportation Code, as added by Chapter 433, Acts of
the 76th Legislature, Regular Session, 1999. The Texas Education
Agency administers the account and may spend money credited to
the account only to make grants to benefit the youth and
government programs sponsored by the Young Men's Christian
Associations located in Texas.
Added by Acts 2001, 77th Leg., ch. 869, Sec. 2(b), eff. June 14,
2001.
Sec. 7.026. DONATIONS FOR USE RELATED TO CARDIOPULMONARY
RESUSCITATION (CPR) INSTRUCTION. (a) The agency may accept
donations, including donations of equipment, for use in providing
cardiopulmonary resuscitation (CPR) instruction to students. The
agency:
(1) shall distribute the donations to school districts for the
purpose of providing CPR instruction to students under Sections
28.0023 and 29.903; and
(2) may use a portion of the donations to the extent necessary
to pay administrative expenses related to the donations.
(b) The commissioner may adopt rules as necessary to implement
this section.
Added by Acts 2001, 77th Leg., ch. 814, Sec. 1, eff. June 14,
2001. Renumbered from Education Code Sec. 7.025 by Acts 2003,
78th Leg., ch. 1275, Sec. 2(11), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1371, Sec. 2, eff. June 15, 2007.
Sec. 7.027. TEXAS MUSIC FOUNDATION ACCOUNT. (a) The Texas
Music Foundation account is established as a separate account in
the general revenue fund. The account is composed of money
deposited to the credit of the account under Section 504.639,
Transportation Code. Money in the account may be used only for
the purposes of this section.
(b) The Music, Film, Television, and Multimedia Office in the
governor's office shall administer the account. The agency may
spend money credited to the account only to make grants to
benefit music-related educational and community programs
sponsored by nonprofit organizations based in this state. An
administration fee of $5 per license plate shall be retained by
the Music, Film, Television, and Multimedia Office for
performance of administrative duties.
Added by Acts 2003, 78th Leg., ch. 1320, Sec. 8, eff. Sept. 1,
2003.
Sec. 7.028. LIMITATION ON COMPLIANCE MONITORING. (a) Except as
provided by Section 29.001(5), 29.010(a), 39.056, or 39.057, the
agency may monitor compliance with requirements applicable to a
process or program provided by a school district, campus,
program, or school granted charters under Chapter 12, including
the process described by Subchapter F, Chapter 11, or a program
described by Subchapter B, C, D, E, F, H, or I, Chapter 29,
Subchapter A, Chapter 37, or Section 38.003, and the use of funds
provided for such a program under Subchapter C, Chapter 42, only
as necessary to ensure:
(1) compliance with federal law and regulations;
(2) financial accountability, including compliance with grant
requirements; and
(3) data integrity for purposes of:
(A) the Public Education Information Management System (PEIMS);
and
(B) accountability under Chapter 39.
(b) The board of trustees of a school district or the governing
body of an open-enrollment charter school has primary
responsibility for ensuring that the district or school complies
with all applicable requirements of state educational programs.
Added by Acts 2003, 78th Leg., ch. 201, Sec. 4, eff. Sept. 1,
2003.
Renumbered from Education Code, Section 7.027 by Acts 2005, 79th
Leg., Ch.
728, Sec. 23.001(9), eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
895, Sec. 2, eff. June 19, 2009.
Sec. 7.029. MEMORANDUM OF UNDERSTANDING REGARDING EXCHANGE OF
INFORMATION FOR STUDENTS IN FOSTER CARE. (a) The agency and the
Department of Family and Protective Services shall enter into a
memorandum of understanding regarding the exchange of information
as appropriate to facilitate the department's evaluation of
educational outcomes of students in foster care. The memorandum
of understanding must require:
(1) the department to provide the agency each year with
demographic information regarding individual students who during
the preceding school year were in the conservatorship of the
department following an adversarial hearing under Section
262.201, Family Code; and
(2) the agency, in a manner consistent with federal law, to
provide the department with aggregate information regarding
educational outcomes of students for whom the agency received
demographic information under Subdivision (1).
(b) For purposes of Subsection (a)(2), information regarding
educational outcomes includes information relating to student
academic achievement, graduation rates, school attendance,
disciplinary actions, and receipt of special education services.
(c) The department may authorize the agency to provide education
research centers established under Section 1.005 with demographic
information regarding individual students received by the agency
in accordance with Subsection (a)(1), as appropriate to allow the
centers to perform additional analysis regarding educational
outcomes of students in foster care. Any use of information
regarding individual students provided to a center under this
subsection must be approved by the department.
(d) Nothing in this section may be construed to:
(1) require the agency or the department to collect or maintain
additional information regarding students in foster care; or
(2) allow the release of information regarding an individual
student in a manner not permitted under the Family Educational
Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g) or
another state or federal law.
Added by Acts 2009, 81st Leg., R.S., Ch.
1372, Sec. 1, eff. June 19, 2009.
Sec. 7.031. GRANTS. (a) The agency may seek, accept, and
distribute grants awarded by the federal government or any other
public or private entity for the benefit of public education,
subject to the limitations or conditions imposed by the terms of
the grants or by other law.
(b) Unless otherwise prohibited by federal law, the commissioner
may determine, solely for purposes of the program's eligibility
to receive federal grant funds, for the purpose of technology
services and support, that a Head Start program operated in this
state by a school district or a community-based organization
serves the function of an elementary school by providing
elementary education at one or more program facilities.
(c) A determination by the commissioner under Subsection (b):
(1) does not entitle a Head Start program to receive state funds
for which the program would not otherwise be eligible;
(2) may not reduce the amount of federal grant funds available
for school districts and open-enrollment charter schools; and
(3) may not be appealed.
Added by Acts 2009, 81st Leg., R.S., Ch.
603, Sec. 1, eff. June 19, 2009.
Sec. 7.037. REPORTING SCHEDULE. (a) To the extent possible,
the Texas Education Agency shall develop and maintain a
comprehensive schedule that addresses each reporting requirement
generally applicable to a school district, including requirements
imposed by a state agency or entity other than the Texas
Education Agency, and that specifies the date by which a school
district must comply with each requirement.
(b) A state agency that requires a school district to
periodically report information to that agency shall provide the
Texas Education Agency with information regarding the reporting
requirement as necessary to enable the Texas Education Agency to
develop and maintain the schedule required by Subsection (a).
(c) The Texas Education Agency shall determine the appropriate
format of the schedule required by Subsection (a) and the manner
in which the schedule is made readily accessible to school
districts.
Added by Acts 2009, 81st Leg., R.S., Ch.
1156, Sec. 1, eff. September 1, 2009.
SUBCHAPTER C. COMMISSIONER OF EDUCATION
Sec. 7.051. SELECTION OF THE COMMISSIONER. The governor, with
the advice and consent of the senate, shall appoint the
commissioner of education.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 7.052. TERM OF OFFICE. The commissioner serves a term of
office of four years commensurate with the term of the governor.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 7.053. REMOVAL FROM OFFICE. The governor, with the advice
and consent of the senate, may remove the commissioner from
office as provided by Section 9, Article XV, Texas Constitution.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 7.054. QUALIFICATION. The commissioner must be a citizen
of the United States.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 7.055. COMMISSIONER OF EDUCATION POWERS AND DUTIES. (a)
The commissioner has the powers and duties provided by Subsection
(b).
(b)(1) The commissioner shall serve as the educational leader of
the state.
(2) The commissioner shall serve as executive officer of the
agency and as executive secretary of the board.
(3) The commissioner shall carry out the duties imposed on the
commissioner by the board or the legislature.
(4) The commissioner shall prescribe a uniform system of forms,
reports, and records necessary to fulfill the reporting and
recordkeeping requirements of this title.
(5) The commissioner may delegate ministerial and executive
functions to agency staff and may employ division heads and any
other employees and clerks to perform the duties of the agency.
(6) The commissioner shall adopt an annual budget for operating
the Foundation School Program as prescribed by Subsection (c).
(7) The commissioner may issue vouchers for the expenditures of
the agency and shall examine and must approve any account to be
paid out of the school funds before the comptroller may issue a
warrant.
(8) The commissioner shall file annually with the governor and
the Legislative Budget Board a complete and detailed written
report accounting for all funds received and disbursed by the
agency during the preceding fiscal year.
(9) The commissioner shall have a manual published at least once
every two years that contains Title 1 and this title, any other
provisions of this code relating specifically to public primary
or secondary education, and an appendix of all other state laws
relating to public primary or secondary education and shall
provide for the distribution of the manual as determined by the
board.
(10) The commissioner may visit different areas of this state,
address teachers' associations and educational gatherings,
instruct teachers, and promote all aspects of education and may
be reimbursed for necessary travel expenses incurred under this
subdivision to the extent authorized by the General
Appropriations Act.
(11) The commissioner may appoint advisory committees, in
accordance with Chapter 2110, Government Code, as necessary to
advise the commissioner in carrying out the duties and mission of
the agency.
(12) The commissioner shall appoint an agency auditor.
(13) The commissioner may provide for reductions in the number
of agency employees.
(14) The commissioner shall carry out duties relating to the
investment capital fund under Section 7.024.
(15) The commissioner shall review and act, if necessary, on
applications for waivers under Section 7.056.
(16) The commissioner shall carry out duties relating to
regional education service centers as specified under Chapter 8.
(17) The commissioner shall distribute funds to open-enrollment
charter schools as required under Subchapter D, Chapter 12.
(18) The commissioner shall adopt a recommended appraisal
process and criteria on which to appraise the performance of
teachers, a recommended appraisal process and criteria on which
to appraise the performance of administrators, and a job
description and evaluation form for use in evaluating counselors,
as provided by Subchapter H, Chapter 21.
(19) The commissioner shall coordinate and implement teacher
recruitment programs under Section 21.004.
(20) The commissioner shall perform duties in connection with
the certification and assignment of hearing examiners as provided
by Subchapter F, Chapter 21.
(21) The commissioner shall carry out duties under the Texas
Advanced Placement Incentive Program under Subchapter C, Chapter
28.
(22) The commissioner may adopt rules for optional extended year
programs under Section 29.082.
(23) The commissioner shall monitor and evaluate prekindergarten
programs and other child-care programs as required under Section
29.154.
(24) The commissioner, with the approval of the board, shall
develop and implement a plan for the coordination of services to
children with disabilities as required under Section 30.001.
(25) The commissioner shall develop a system to distribute to
school districts or regional education service centers a special
supplemental allowance for students with visual impairments as
required under Section 30.002.
(26) The commissioner, with the assistance of the comptroller,
shall determine amounts to be distributed to the Texas School for
the Blind and Visually Impaired and the Texas School for the Deaf
as provided by Section 30.003 and to the Texas Youth Commission
as provided by Section 30.102.
(27) The commissioner shall establish a procedure for resolution
of disputes between a school district and the Texas School for
the Blind and Visually Impaired under Section 30.021.
(28) The commissioner shall perform duties relating to the
funding, adoption, and purchase of textbooks under Chapter 31.
(29) The commissioner may enter into contracts concerning
technology in the public school system as authorized under
Chapter 32.
(30) The commissioner shall adopt a recommended contract form
for the use, acquisition, or lease with option to purchase of
school buses under Section 34.009.
(31) The commissioner shall ensure that the cost of using school
buses for a purpose other than the transportation of students to
or from school is properly identified in the Public Education
Information Management System (PEIMS) under Section 34.010.
(32) The commissioner shall perform duties in connection with
the public school accountability system as prescribed by Chapter
39.
(33) Repealed by Acts 1999, 76th Leg., ch. 397, Sec. 8, eff.
Sept. 1, 1999.
(34) The commissioner shall perform duties in connection with
the equalized wealth level under Chapter 41.
(35) The commissioner shall perform duties in connection with
the Foundation School Program as prescribed by Chapter 42.
(36) The commissioner shall establish advisory guidelines
relating to the fiscal management of a school district and report
annually to the board on the status of school district fiscal
management as required under Section 44.001.
(37) The commissioner shall review school district audit reports
as required under Section 44.008.
(38) The commissioner shall perform duties in connection with
the guaranteed bond program as prescribed by Subchapter C,
Chapter 45.
(39) The commissioner shall cooperate with the Texas Higher
Education Coordinating Board in connection with the Texas
partnership and scholarship program under Subchapter P, Chapter
61.
(40) The commissioner shall suspend the certificate of an
educator or permit of a teacher who violates Chapter 617,
Government Code.
(41) The commissioner shall adopt rules relating to
extracurricular activities under Section 33.081 and approve or
disapprove University Interscholastic League rules and procedures
under Section 33.083.
(c) The budget the commissioner adopts under Subsection (b) for
operating the Foundation School Program must be in accordance
with legislative appropriations and provide funds for the
administration and operation of the agency and any other
necessary expense. The budget must designate any expense of
operating the agency or operating a program for which the board
has responsibility that is paid from the Foundation School
Program. The budget must designate program expenses that may be
paid out of the foundation school fund, other state funds, fees,
federal funds, or funds earned under interagency contract. Before
adopting the budget, the commissioner must submit the budget to
the board for review and, after receiving any comments of the
board, present the operating budget to the governor and the
Legislative Budget Board. The commissioner shall provide
appropriate information on proposed budget expenditures to the
comptroller to assure that all payments are paid from the
appropriate funds in a timely and efficient manner.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.01, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1423, Sec. 5.01, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 397, Sec. 8, eff. Sept.
1, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 4.001(a), eff.
Sept. 1, 2001.
Sec. 7.056. WAIVERS AND EXEMPTIONS. (a) Except as provided by
Subsection (e), a school campus or district may apply to the
commissioner for a waiver of a requirement, restriction, or
prohibition imposed by this code or rule of the board or
commissioner.
(b) A school campus or district seeking a waiver must submit a
written application to the commissioner not later than the 31st
day before the campus or district intends to take action
requiring a waiver. The application must include:
(1) a written plan approved by the board of trustees of the
district that states the achievement objectives of the campus or
district and the inhibition imposed on those objectives by the
requirement, restriction, or prohibition; and
(2) written comments from the campus- or district-level
committee established under Section 11.251.
(c) If the commissioner objects to an application for a waiver,
the commissioner must notify the school campus or district in
writing that the application is denied not later than the 30th
day after the date on which the application is received. If the
commissioner does not notify the school campus or district of an
objection within that time, the application is considered
granted.
(d) A waiver granted under this section is effective for the
period stated in the application, which may not exceed three
years. A school campus or district for which a requirement,
restriction, or prohibition is waived under this section for a
period of three years may receive an exemption from that
requirement, restriction, or prohibition at the end of that
period if the campus or district has fulfilled the achievement
objectives stated in the application. The exemption remains in
effect until the commissioner determines that achievement levels
of the campus or district have declined.
(e) Except as provided by Subsection (f), a school campus or
district may not receive an exemption or waiver under this
section from:
(1) a prohibition on conduct that constitutes a criminal
offense;
(2) a requirement imposed by federal law or rule, including a
requirement for special education or bilingual education
programs; or
(3) a requirement, restriction, or prohibition relating to:
(A) essential knowledge or skills under Section 28.002 or high
school graduation requirements under Section 28.025;
(B) public school accountability as provided by Subchapters B,
C, D, E, and J, Chapter 39;
(C) extracurricular activities under Section 33.081 or
participation in a University Interscholastic League area,
regional, or state competition under Section 33.0812;
(D) health and safety under Chapter 38;
(E) purchasing under Subchapter B, Chapter 44;
(F) elementary school class size limits, except as provided by
Section 25.112;
(G) removal of a disruptive student from the classroom under
Subchapter A, Chapter 37;
(H) at-risk programs under Subchapter C, Chapter 29;
(I) prekindergarten programs under Subchapter E, Chapter 29;
(J) educator rights and benefits under Subchapters A, C, D, E,
F, G, and I, Chapter 21, or under Subchapter A, Chapter 22;
(K) special education programs under Subchapter A, Chapter 29;
(L) bilingual education programs under Subchapter B, Chapter 29;
or
(M) the requirements for the first day of instruction under
Section 25.0811.
(f) A school district or campus that is required to develop and
implement a student achievement improvement plan under Section
39.102 or 39.103 may receive an exemption or waiver under this
section from any law or rule other than:
(1) a prohibition on conduct that constitutes a criminal
offense;
(2) a requirement imposed by federal law or rule;
(3) a requirement, restriction, or prohibition imposed by state
law or rule relating to:
(A) public school accountability as provided by Subchapters B,
C, D, E, and J, Chapter 39; or
(B) educator rights and benefits under Subchapters A, C, D, E,
F, G, and I, Chapter 21, or under Subchapter A, Chapter 22; or
(4) textbook selection under Chapter 31.
(g) In a manner consistent with waiver authority granted to the
commissioner by the United States Department of Education, the
commissioner may grant a waiver of a state law or rule required
by federal law, including Subchapter A, B, or C, Chapter 29.
Before exercising any waiver authority under this subsection, the
commissioner shall notify the Legislative Budget Board and the
office of budget and planning in the governor's office.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 2003, 78th Leg., ch. 342, Sec. 1, eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
812, Sec. 2, eff. June 17, 2005.
Acts 2006, 79th Leg., 3rd C.S., Ch.
5, Sec. 9.01, eff. May 31, 2006.
Acts 2009, 81st Leg., R.S., Ch.
895, Sec. 3, eff. June 19, 2009.
Sec. 7.057. APPEALS. (a) Except as provided by Subsection (e),
a person may appeal in writing to the commissioner if the person
is aggrieved by:
(1) the school laws of this state; or
(2) actions or decisions of any school district board of
trustees that violate:
(A) the school laws of this state; or
(B) a provision of a written employment contract between the
school district and a school district employee, if a violation
causes or would cause monetary harm to the employee.
(a-1) A person is not required to appeal to the commissioner
before pursuing a remedy under a law outside of Title 1 or this
title to which Title 1 or this title makes reference or with
which Title 1 or this title requires compliance.
(b) Except as provided by Subsection (c), the commissioner after
due notice to the parties interested shall, not later than the
180th day after the date an appeal under Subsection (a) is filed,
hold a hearing and issue a decision without cost to the parties
involved. In conducting a hearing under this subsection, the
commissioner has the same authority relating to discovery and
conduct of a hearing as a hearing examiner has under Subchapter
F, Chapter 21. This section does not deprive any party of any
legal remedy.
(c) In an appeal against a school district, the commissioner
shall issue a decision based on a review of the record developed
at the district level under a substantial evidence standard of
review. A school district's disclosure of the record to the
commissioner under this subsection is not an offense under
Section 551.146, Government Code.
(d) A person aggrieved by an action of the agency or decision of
the commissioner may appeal to a district court in Travis County.
An appeal must be made by serving the commissioner with citation
issued and served in the manner provided by law for civil suits.
The petition must state the action or decision from which the
appeal is taken. At trial, the court shall determine all issues
of law and fact, except as provided by Section 33.081(g).
(e) This section does not apply to:
(1) a case to which Subchapter G, Chapter 21, applies; or
(2) a student disciplinary action under Chapter 37.
(f) In this section:
(1) "Record" includes, at a minimum, an audible electronic
recording or written transcript of all oral testimony or
argument.
(2) "School laws of this state" means Title 1 and this title and
rules adopted under those titles.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 2001, 77th Leg., ch. 895, Sec. 1, eff. June
14, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1111, Sec. 1, eff. June 19, 2009.
Sec. 7.058. RESEARCH ON MATHEMATICS SKILLS ACQUISITION AND
PROGRAM EFFECTIVENESS. From funds appropriated for the purpose,
the commissioner shall award to one or more institutions that
have demonstrated an ability to conduct science-based research on
effective instructional strategies that improve student
performance in mathematics a grant to be used to:
(1) develop and identify research on mathematics skills
acquisition and student learning in mathematics;
(2) monitor the effectiveness of professional development
institutes under Section 21.455 based on performance in
mathematics by the students of teachers who have attended an
institute;
(3) examine the effect of professional development institutes on
the classroom performance of teachers who have attended an
institute;
(4) identify common practices used at high-performing school
campuses that lead to improved student performance in
mathematics; and
(5) develop research on cognitive development in children
concerning mathematics skills development.
Added by Acts 2001, 77th Leg., ch. 834, Sec. 3, eff. Sept. 1,
2001.
Sec. 7.059. MATHEMATICS HOMEWORK AND GRADING SERVICE. (a) From
funds appropriated for the purpose, the commissioner shall help
make available services that assist teachers in providing and
grading mathematics homework assignments. The services may also
assist teachers in providing and grading student examinations.
(b) In helping make the services described by Subsection (a)
available, the commissioner shall consider all methods available
through advanced technology, especially methods using the
Internet, to distribute mathematics homework assignments and to
provide immediate assessment of a student's work on the
assignment.
(c) Each homework assignment offered through the service:
(1) must be created with consideration for the underlying
mathematical skills required to be taught at the grade level for
which the assignment is designed;
(2) may be based on a step-by-step procedure for solving
mathematical problems provided by the assignment that may be
adapted to individual student and instructor needs;
(3) may be accompanied by a solution to each mathematical
problem assigned;
(4) may be accompanied by other pedagogically valuable material
appropriate for a particular student; and
(5) to the extent possible, should correlate to an instructional
program or programs being used in classrooms in this state.
Added by Acts 2001, 77th Leg., ch. 834, Sec. 3, eff. Sept. 1,
2001.
Sec. 7.060. REDUCING PAPERWORK. (a) At least once each
even-numbered year, the commissioner shall review and, to the
greatest extent practicable, reduce written reports and other
paperwork required of a school district by the agency.
(b) The commissioner shall adopt a policy that limits written
reports and other paperwork that a principal or classroom teacher
may be required by the agency to complete.
Added by Acts 2005, 79th Leg., Ch.
723, Sec. 1, eff. June 17, 2005.
Sec. 7.062. SCIENCE LABORATORY GRANT PROGRAM. (a) In this
section, "wealth per student" means a school district's taxable
value of property as determined under Subchapter M, Chapter 403,
Government Code, or, if applicable, Section 42.2521, divided by
the district's average daily attendance as determined under
Section 42.005.
(b) The commissioner shall establish a program to provide
competitive grants to school districts for the purpose of
constructing or renovating high school science laboratories.
(c) Except as otherwise provided by this subsection, if the
commissioner certifies that the amount appropriated for a state
fiscal year for purposes of Subchapters A and B, Chapter 46,
exceeds the amount to which school districts are entitled under
those subchapters for that year, the commissioner shall use the
excess funds, in an amount not to exceed $20 million in any state
fiscal year, for the purpose of making grants under this section.
The use of excess funds under this subsection has priority over
any provision of Chapter 42 that permits or directs the use of
excess foundation school program funds, including Sections
42.2517, 42.2521, 42.2522, and 42.2531. The commissioner is
required to use excess funds as provided by this subsection only
if the commissioner is not required to reduce the total amount of
state funds allocated to school districts under Section
42.253(h).
(d) The commissioner shall adopt rules necessary to implement
the program, including rules addressing eligibility, application
procedures, and accountability for use of grant funds.
(e) The rules must:
(1) limit the amount of assistance provided through a grant to
not more than:
(A) for a construction project, $200 per square foot of the
science laboratory to be constructed; or
(B) for a renovation project, $100 per square foot of the
science laboratory to be renovated;
(2) require a school district to demonstrate, as a condition of
eligibility for a grant, that the existing district science
laboratories are insufficient in number to comply with the
curriculum requirements imposed for the recommended and advanced
high school programs under Section 28.025(b-1)(1); and
(3) provide for ranking school districts that apply for grants
on the basis of wealth per student and giving priority in the
award of grants to districts with low wealth per student.
Added by Acts 2007, 80th Leg., R.S., Ch.
1058, Sec. 3, eff. June 15, 2007.
SUBCHAPTER D. STATE BOARD OF EDUCATION
Sec. 7.101. COMPOSITION. (a) The State Board of Education is
composed of 15 members elected from districts. Each district from
which a board member is elected is composed as provided by former
Sections 11.2101(b)-(t), as enacted by Chapter 2, Acts of the
72nd Legislature, 2nd Called Session, 1991.
(b) Members of the board are elected at biennial general
elections held in compliance with the Election Code.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 7.102. STATE BOARD OF EDUCATION POWERS AND DUTIES. (a)
The board may perform only those duties relating to school
districts or regional education service centers assigned to the
board by the constitution of this state or by this subchapter or
another provision of this code.
(b) The board has the powers and duties provided by Subsection
(c), which shall be carried out with the advice and assistance of
the commissioner.
(c)(1) The board shall develop and update a long-range plan for
public education.
(2) The board may enter into contracts relating to or accept
grants for the improvement of educational programs specifically
authorized by statute.
(3) The board may accept a gift, donation, or other contribution
on behalf of the public school system or agency and, unless
otherwise specified by the donor, may use the contribution in the
manner the board determines.
(4) The board shall establish curriculum and graduation
requirements.
(5) The board shall establish a standard of performance
considered satisfactory on student assessment instruments.
(6) The board may create special-purpose school districts under
Chapter 11.
(7) The board shall provide for a training course for school
district trustees under Section 11.159.
(8) The board shall adopt a procedure to be used for placing on
probation or revoking a home-rule school district charter as
required by Subchapter B, Chapter 12, and may place on probation
or revoke a home-rule school district charter as provided by that
subchapter.
(9) The board may grant an open-enrollment charter or approve a
charter revision as provided by Subchapter D, Chapter 12.
(10) The board shall adopt rules establishing criteria for
certifying hearing examiners as provided by Section 21.252.
(11) The board shall adopt rules to carry out the curriculum
required or authorized under Section 28.002.
(12) The board shall establish guidelines for credit by
examination under Section 28.023.
(13) The board shall adopt transcript forms and standards for
differentiating high school programs for purposes of reporting
academic achievement under Section 28.025.
(14) The board shall adopt guidelines for determining financial
need for purposes of the Texas Advanced Placement Incentive
Program under Subchapter C, Chapter 28, and may approve payments
as provided by that subchapter.
(15) The board shall adopt criteria for identifying gifted and
talented students and shall develop and update a state plan for
the education of gifted and talented students as required under
Subchapter D, Chapter 29.
(16) The board shall adopt rules for approving adult education
programs as required under Section 29.253 and may establish an
adult education advisory committee under Section 29.254.
(17) The board shall adopt rules relating to community education
development projects as required under Section 29.257.
(18) The board may approve the plan to be developed and
implemented by the commissioner for the coordination of services
to children with disabilities as required under Section 30.001.
(19) The board shall establish a date by which each school
district and state institution shall provide to the commissioner
the necessary information to determine the district's share of
the cost of the education of a student enrolled in the Texas
School for the Blind and Visually Impaired or the Texas School
for the Deaf as required under Section 30.003 and may adopt other
rules concerning funding of the education of students enrolled in
the Texas School for the Blind and Visually Impaired or the Texas
School for the Deaf as authorized under Section 30.003.
(20) The board shall adopt rules prescribing the form and
content of information school districts are required to provide
concerning programs offered by state institutions as required
under Section 30.004.
(21) The board shall adopt rules concerning admission of
students to the Texas School for the Deaf as required under
Section 30.057.
(22) The board shall carry out powers and duties related to
regional day school programs for the deaf as provided under
Subchapter D, Chapter 30.
(23) The board shall adopt and purchase or license textbooks as
provided by Chapter 31 and adopt rules required by that chapter.
(24) The board shall develop and update a long-range plan
concerning technology in the public school system as required
under Section 32.001 and shall adopt rules and policies
concerning technology in public schools as provided by Chapter
32.
(25) The board shall conduct feasibility studies related to the
telecommunications capabilities of school districts and regional
education service centers as provided by Section 32.033.
(26) The board shall appoint a board of directors of the center
for educational technology under Section 32.034.
(27) Repealed by Acts 2001, 77th Leg., ch. 1420, Sec. 4.001(b),
eff. Sept. 1, 2001.
(28) The board shall approve a program for testing students for
dyslexia and related disorders as provided by Section 38.003.
(29) The board shall perform duties in connection with the
public school accountability system as prescribed by Chapter 39.
(30) The board shall perform duties in connection with the
Foundation School Program as prescribed by Chapter 42.
(31) The board may invest the permanent school fund within the
limits of the authority granted by Section 5, Article VII, Texas
Constitution, and Chapter 43.
(32) The board shall adopt rules concerning school district
budgets and audits of school district fiscal accounts as required
under Subchapter A, Chapter 44.
(33) The board shall adopt an annual report on the status of the
guaranteed bond program and may adopt rules as necessary for the
administration of the program as provided under Subchapter C,
Chapter 45.
(34) The board shall prescribe uniform bid blanks for school
districts to use in selecting a depository bank as required under
Section 45.206.
(d) The board may adopt rules relating to school districts or
regional education service centers only as required to carry out
the specific duties assigned to the board by the constitution or
under Subsection (c).
(e) An action of the board to adopt a rule under this section is
effective only if the board includes in the rule's preamble a
statement of the specific authority under Subsection (c) to adopt
the rule.
(f) Except as otherwise provided by this subsection, a rule
adopted by the board under this section does not take effect
until the beginning of the school year that begins at least 90
days after the date on which the rule was adopted. The rule takes
effect earlier if the rule's preamble specifies an earlier
effective date and the reason for that earlier date and:
(1) the earlier effective date is a requirement of:
(A) a federal law; or
(B) a state law that specifically refers to this section and
expressly requires the adoption of an earlier effective date; or
(2) on the affirmative vote of two-thirds of the members of the
board, the board makes a finding that an earlier effective date
is necessary.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.01, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 268, Sec. 2, eff. May
26, 1997; Acts 1999, 76th Leg., ch. 1482, Sec. 1, eff. June 19,
1999; Acts 2001, 77th Leg., ch. 1420, Sec. 4.001(b), eff. Sept.
1, 2001.
Sec. 7.103. ELIGIBILITY FOR MEMBERSHIP. (a) A person is not
eligible for election to or service on the board if the person
holds an office with this state or any political subdivision of
this state.
(b) A person may not be elected from or serve in a district who
is not a bona fide resident of the district with one year's
continuous residence before election. A person is not eligible
for election to or service on the board unless the person is a
qualified voter of the district in which the person resides and
is at least 26 years of age.
(c) A person who is required to register as a lobbyist under
Chapter 305, Government Code, by virtue of the person's
activities for compensation in or on behalf of a profession,
business, or association related to the operation of the board,
may not serve as a member of the board or act as the general
counsel to the board.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 7.104. TERMS. (a) At each general election immediately
following a decennial reapportionment of districts, one member
shall be elected to the board from each district. Except as
provided by Subsection (b), members of the board serve staggered
terms of four years with the terms of eight members expiring on
January 1 of one odd-numbered year and the terms of seven members
expiring on January 1 of the next odd-numbered year.
(b) Seven members of the board elected at each general election
following a decennial reapportionment of districts shall serve
two-year terms and eight members shall serve four-year terms.
Members shall draw lots to determine who serves which terms.
(c) If a position on the board becomes vacant, the governor
shall fill the vacancy as soon as possible by appointing a
qualified person from the affected district with the advice and
consent of the senate.
(d) A vacancy that occurs at a time when it is impossible to
place the name of a candidate for the unexpired term on the
general election ballot is filled by appointment, as prescribed
by Subsection (c).
(e) An appointment to a vacancy on the board shall be made
without regard to the race, creed, sex, religion, or national
origin of the appointed member.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 7.105. COMPENSATION AND REIMBURSEMENT. (a) A member of
the board is not entitled to receive compensation.
(b) A member of the board is entitled to reimbursement of the
member's expenses as provided by law.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 7.106. MEETINGS. (a) The board shall hold four meetings a
year in Austin, Texas, on dates determined by the chair and may
hold other meetings as may be called by the chair.
(b) In a manner that complies with Section 551.128, Government
Code, the agency shall broadcast over the Internet live video and
audio of each open meeting held by the board. Subsequently, the
agency shall make available through the agency's Internet website
archived video and audio for each meeting for which live video
and audio was provided under this subsection.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
169, Sec. 1, eff. September 1, 2009.
Sec. 7.107. OFFICERS. (a) The governor, with the advice and
consent of the senate, shall appoint the chair from among the
membership of the board. The chair serves a term of two years.
(b) At the board's first regular meeting after the election and
qualification of new members, the board shall organize, adopt
rules of procedure, and elect by separate votes a vice chair and
a secretary.
(c) A person who serves two consecutive terms as chair is
ineligible to again serve as chair until four years have elapsed
since the expiration of the second term.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 7.108. PROHIBITION ON POLITICAL CONTRIBUTION OR ACTIVITY.
(a) A person interested in selling bonds of any type or a person
engaged in manufacturing, shipping, selling, or advertising
textbooks or otherwise connected with the textbook business
commits an offense if the person makes or authorizes a political
contribution to or takes part in, directly or indirectly, the
campaign of any person seeking election to or serving on the
board.
(b) An offense under Subsection (a) is a Class B misdemeanor.
(c) In this section:
(1) "Political contribution" has the meaning assigned by Section
251.001, Election Code.
(2) "Textbook" has the meaning assigned by Section 31.002.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 7.109. DESIGNATION AS STATE BOARD FOR CAREER AND TECHNOLOGY
EDUCATION. (a) The board is also the State Board for Career and
Technology Education.
(b) The commissioner is the executive officer through whom the
State Board for Career and Technology Education shall carry out
its polic