Law:Title 2. Public Education (Texas)

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Subtitle C. Local Organization And Governance

Contents

Chapter 11. School Districts

Subchapter A. General Provisions

Section 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.



Section  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.



Section 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

Section  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

Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section 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.



Section  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.



Section  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.



Section  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.



Section  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.



Section 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.



Section  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.



Section  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.



Section  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

Section  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.



Section 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.



Section 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.



Section 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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section 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.



Section 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 Education Code, Section 11.168 by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 17.001(11), eff. September 1, 2007.



Section 11.170.  Internal Auditor.

If a school district employs an internal auditor:

(1)  the board of trustees shall select the internal auditor; and

(2)  the internal auditor shall report directly to the board.

Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5, Sec. 2.04, eff. May 31, 2006.



Section 11.171.  School District Grievance Policy.

(a) A school district grievance policy must permit a school district employee to report a grievance against a supervisor that alleges the supervisor's violation of the law in the workplace or the supervisor's unlawful harassment of the employee to a supervisor other than the supervisor against whom the employee intends to report the grievance.

(b)  A school district grievance policy must permit an employee who reports a grievance to make an audio recording of any meeting or proceeding at which the substance of a grievance that complies with the policy is investigated or discussed.  The implementation of this subsection may not result in a delay of any timeline provided by the grievance policy and does not require the district to provide equipment for the employee to make the recording.

Added by Acts 2007, 80th Leg., R.S., Ch. 176, Sec. 1, eff. September 1, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 191, Sec. 1, eff. September 1, 2009.



Subchapter E. Superintendents And Principals

Section  11.201.  Superintendents.

(a) The superintendent is the educational leader and the chief executive officer of the school district.

(b)  The board of trustees of an independent school district may employ by contract a superintendent for a term not to exceed five years.

(c)  For purposes of this subsection, "severance payment" means any amount paid by the board of trustees of an independent school district to or in behalf of a superintendent on early termination of the superintendent's contract that exceeds the amount earned by the superintendent under the contract as of the date of termination, including any amount that exceeds the amount of earned standard salary and benefits that is paid as a condition of early termination of the contract. The board of trustees that makes a severance payment to a superintendent shall report the terms of the severance payment to the commissioner. The commissioner shall reduce the district's Foundation School Program funds by any amount that the amount of the severance payment to the superintendent exceeds an amount equal to one year's salary and benefits under the superintendent's terminated contract. The commissioner may adopt rules as necessary to administer this subsection.

(d)  The duties of the superintendent include:

(1)  assuming administrative responsibility and leadership for the planning, organization, operation, supervision, and evaluation of the education programs, services, and facilities of the district and for the annual performance appraisal of the district's staff;

(2)  except as provided by Section 11.202, assuming administrative authority and responsibility for the assignment, supervision, and evaluation of all personnel of the district other than the superintendent;

(3)  overseeing compliance with the standards for school facilities established by the commissioner under Section 46.008;

(4)  initiating the termination or suspension of an employee or the nonrenewal of an employee's term contract;

(5)  managing the day-to-day operations of the district as its administrative manager, including implementing and monitoring plans, procedures, programs, and systems to achieve clearly defined and desired results in major areas of district operations;

(6)  preparing and submitting to the board of trustees a proposed budget as provided by Section 44.002 and rules adopted under that section, and administering the budget;

(7)  preparing recommendations for policies to be adopted by the board of trustees and overseeing the implementation of adopted policies;

(8)  developing or causing to be developed appropriate administrative regulations to implement policies established by the board of trustees;

(9)  providing leadership for the attainment and, if necessary, improvement of student performance in the district based on the indicators adopted under Sections 39.053 and 39.301 and other indicators adopted by the commissioner or the district's board of trustees;

(10)  organizing the district's central administration;

(11)  consulting with the district-level committee as required under Section 11.252(f);

(12)  ensuring:

(A)  adoption of a student code of conduct as required under Section 37.001 and enforcement of that code of conduct; and

(B)  adoption and enforcement of other student disciplinary rules and procedures as necessary;

(13)  submitting reports as required by state or federal law, rule, or regulation;

(14)  providing joint leadership with the board of trustees to ensure that the responsibilities of the board and superintendent team are carried out; and

(15)  performing any other duties assigned by action of the board of trustees.

(e)  The superintendent of a school district may not receive any financial benefit for personal services performed by the superintendent for any business entity that conducts or solicits business with the district.  Any financial benefit received by the superintendent for performing personal services for any other entity, including a school district, open-enrollment charter school, regional education service center, or public or private institution of higher education, must be approved by the board of trustees on a case-by-case basis in an open meeting.  For purposes of this subsection, the receipt of reimbursement for a reasonable expense is not considered a financial benefit.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 955, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 90, Sec. 1, eff. May 15, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1244, Sec. 6, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 8, eff. June 19, 2009.



Section  11.202.  Principals.

(a) The principal of a school is the instructional leader of the school and shall be provided with adequate training and personnel assistance to assume that role.

(b)  Each principal shall:

(1)  except as provided by Subsection (d), approve all teacher and staff appointments for that principal's campus from a pool of applicants selected by the district or of applicants who meet the hiring requirements established by the district, based on criteria developed by the principal after informal consultation with the faculty;

(2)  set specific education objectives for the principal's campus, through the planning process under Section 11.253;

(3)  develop budgets for the principal's campus;

(4)  assume the administrative responsibility and instructional leadership, under the supervision of the superintendent, for discipline at the campus;

(5)  assign, evaluate, and promote personnel assigned to the campus;

(6)  recommend to the superintendent the termination or suspension of an employee assigned to the campus or the nonrenewal of the term contract of an employee assigned to the campus; and

(7)  perform other duties assigned by the superintendent pursuant to the policy of the board of trustees.

(c)  The board of trustees of a school district shall adopt a policy for the selection of a campus principal that includes qualifications required for that position.

(d)  The superintendent or the person designated by the superintendent has final placement authority for a teacher transferred because of enrollment shifts or program changes in the district.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Subchapter F. District-level And Site-based Decision-making

Section  11.251.  Planning And Decision-making Process.

(a) The board of trustees of each independent school district shall ensure that a district improvement plan and improvement plans for each campus are developed, reviewed, and revised annually for the purpose of improving the performance of all students. The board shall annually approve district and campus performance objectives and shall ensure that the district and campus plans:

(1)  are mutually supportive to accomplish the identified objectives; and

(2)  at a minimum, support the state goals and objectives under Chapter 4.

(b)  The board shall adopt a policy to establish a district- and campus-level planning and decision-making process that will involve the professional staff of the district, parents, and community members in establishing and reviewing the district's and campuses' educational plans, goals, performance objectives, and major classroom instructional programs. The board shall establish a procedure under which meetings are held regularly by district- and campus-level planning and decision-making committees that include representative professional staff, parents of students enrolled in the district, business representatives, and community members. The committees shall include a business representative without regard to whether the representative resides in the district or whether the business the person represents is located in the district. The board, or the board's designee, shall periodically meet with the district-level committee to review the district-level committee's deliberations.

(c)  For purposes of establishing the composition of committees under this section:

(1)  a person who stands in parental relation to a student is considered a parent;

(2)  a parent who is an employee of the school district is not considered a parent representative on the committee;

(3)  a parent is not considered a representative of community members on the committee; and

(4)  community members must reside in the district and must be at least 18 years of age.

(d)  The board shall also ensure that an administrative procedure is provided to clearly define the respective roles and responsibilities of the superintendent, central office staff, principals, teachers, district-level committee members, and campus-level committee members in the areas of planning, budgeting, curriculum, staffing patterns, staff development, and school organization. The board shall ensure that the district-level planning and decision-making committee will be actively involved in establishing the administrative procedure that defines the respective roles and responsibilities pertaining to planning and decision-making at the district and campus levels.

(e)  The board shall adopt a procedure, consistent with Section 21.407(a), for the professional staff in the district to nominate and elect the professional staff representatives who shall meet with the board or the board designee as required under this section. At least two-thirds of the elected professional staff representatives must be classroom teachers. The remaining staff representatives shall include both campus- and district-level professional staff members. Board policy must provide procedures for:

(1)  the selection of parents to the district-level and campus-level committees; and

(2)  the selection of community members and business representatives to serve on the district-level committee in a manner that provides for appropriate representation of the community's diversity.

(f)  The district policy must provide that all pertinent federal planning requirements are addressed through the district- and campus-level planning process.

(g)  This section does not:

(1)  prohibit the board from conducting meetings with teachers or groups of teachers other than the meetings described by this section;

(2)  prohibit the board from establishing policies providing avenues for input from others, including students or paraprofessional staff, in district- or campus-level planning and decision-making;

(3)  limit or affect the power of the board to govern the public schools; or

(4)  create a new cause of action or require collective bargaining.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 61, Sec. 1, eff. May 16, 2003.



Section  11.252.  District-level Planning And Decision-making. (a) E

ach school district shall have a district improvement plan that is developed, evaluated, and revised annually, in accordance with district policy, by the superintendent with the assistance of the district-level committee established under Section 11.251.  The purpose of the district improvement plan is to guide district and campus staff in the improvement of student performance for all student groups in order to attain state standards in respect to the student achievement indicators adopted under Section 39.053.  The district improvement plan must include provisions for:

(1)  a comprehensive needs assessment addressing district student performance on the student achievement indicators, and other appropriate measures of performance, that are disaggregated by all student groups served by the district, including categories of ethnicity, socioeconomic status, sex, and populations served by special programs, including students in special education programs under Subchapter A, Chapter 29;

(2)  measurable district performance objectives for all appropriate student achievement indicators for all student populations, including students in special education programs under Subchapter A, Chapter 29, and other measures of student performance that may be identified through the comprehensive needs assessment;

(3)  strategies for improvement of student performance that include:

(A)  instructional methods for addressing the needs of student groups not achieving their full potential;

(B)  methods for addressing the needs of students for special programs, such as suicide prevention, conflict resolution, violence prevention, or dyslexia treatment programs;

(C)  dropout reduction;

(D)  integration of technology in instructional and administrative programs;

(E)  discipline management;

(F)  staff development for professional staff of the district;

(G)  career education to assist students in developing the knowledge, skills, and competencies necessary for a broad range of career opportunities; and

(H)  accelerated education;

(4)  strategies for providing to middle school, junior high school, and high school students, those students' teachers and counselors, and those students' parents information about:

(A)  higher education admissions and financial aid opportunities;

(B)  the TEXAS grant program and the Teach for Texas grant program established under Chapter 56;

(C)  the need for students to make informed curriculum choices to be prepared for success beyond high school; and

(D)  sources of information on higher education admissions and financial aid;

(5)  resources needed to implement identified strategies;

(6)  staff responsible for ensuring the accomplishment of each strategy;

(7)  timelines for ongoing monitoring of the implementation of each improvement strategy; and

(8)  formative evaluation criteria for determining periodically whether strategies are resulting in intended improvement of student performance.

(b)  A district's plan for the improvement of student performance is not filed with the agency, but the district must make the plan available to the agency on request.

(c)  In a district that has only one campus, the district- and campus-level committees may be one committee and the district and campus plans may be one plan.

(d)  At least every two years, each district shall evaluate the effectiveness of the district's decision-making and planning policies, procedures, and staff development activities related to district- and campus-level decision-making and planning to ensure that they are effectively structured to positively impact student performance.

(d-1)  Expired.

(e)  The district-level committee established under Section 11.251 shall hold at least one public meeting per year. The required meeting shall be held after receipt of the annual district performance report from the agency for the purpose of discussing the performance of the district and the district performance objectives. District policy and procedures must be established to ensure that systematic communications measures are in place to periodically obtain broad-based community, parent, and staff input and to provide information to those persons regarding the recommendations of the district-level committee. This section does not create a new cause of action or require collective bargaining.

(f)  A superintendent shall regularly consult the district-level committee in the planning, operation, supervision, and evaluation of the district educational program.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 1202, Sec. 2, eff. June 18, 1999; Acts 1999, 76th Leg., ch. 1590, Sec. 6, eff. June 19, 1999; Acts 2001, 77th Leg., ch. 1261, Sec. 7, eff. June 15, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 10, eff. June 19, 2009.



Section  11.253.  Campus Planning And Site-based Decision-making.

(a) Each school district shall maintain current policies and procedures to ensure that effective planning and site-based decision-making occur at each campus to direct and support the improvement of student performance for all students.

(b)  Each district's policy and procedures shall establish campus-level planning and decision-making committees as provided for through the procedures provided by Sections 11.251(b)-(e).

(c)  Each school year, the principal of each school campus, with the assistance of the campus-level committee, shall develop, review, and revise the campus improvement plan for the purpose of improving student performance for all student populations, including students in special education programs under Subchapter A, Chapter 29, with respect to the student achievement indicators adopted under Section 39.053 and any other appropriate performance measures for special needs populations.

(d)  Each campus improvement plan must:

(1)  assess the academic achievement for each student in the school using the student achievement indicator system as described by Section 39.053;

(2)  set the campus performance objectives based on the student achievement indicator system, including objectives for special needs populations, including students in special education programs under Subchapter A, Chapter 29;

(3)  identify how the campus goals will be met for each student;

(4)  determine the resources needed to implement the plan;

(5)  identify staff needed to implement the plan;

(6)  set timelines for reaching the goals;

(7)  measure progress toward the performance objectives periodically to ensure that the plan is resulting in academic improvement;

(8)  include goals and methods for violence prevention and intervention on campus;

(9)  provide for a program to encourage parental involvement at the campus; and

(10)  if the campus is an elementary, middle, or junior high school, set goals and objectives for the coordinated health program at the campus based on:

(A)  student fitness assessment data, including any data from research-based assessments such as the school health index assessment and planning tool created by the federal Centers for Disease Control and Prevention;

(B)  student academic performance data;

(C)  student attendance rates;

(D)  the percentage of students who are educationally disadvantaged;

(E)  the use and success of any method to ensure that students participate in moderate to vigorous physical activity as required by Section 28.002(l); and

(F)  any other indicator recommended by the local school health advisory council.

(e)  In accordance with the administrative procedures established under Section 11.251(b), the campus-level committee shall be involved in decisions in the areas of planning, budgeting, curriculum, staffing patterns, staff development, and school organization. The campus-level committee must approve the portions of the campus plan addressing campus staff development needs.

(f)  This section does not create a new cause of action or require collective bargaining.

(g)  Each campus-level committee shall hold at least one public meeting per year. The required meeting shall be held after receipt of the annual campus rating from the agency to discuss the performance of the campus and the campus performance objectives. District policy and campus procedures must be established to ensure that systematic communications measures are in place to periodically obtain broad-based community, parent, and staff input, and to provide information to those persons regarding the recommendations of the campus-level committees.

(h)  A principal shall regularly consult the campus-level committee in the planning, operation, supervision, and evaluation of the campus educational program.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 510, Sec. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1202, Sec. 3, eff. June 18, 1999; Acts 1999, 76th Leg., ch. 1365, Sec. 1, eff. June 19, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 4.003, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 500, Sec. 1, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 11, eff. June 19, 2009.



Section  11.254.  State Responsibilities For The Planning And Decision-making Process.

(a) The commissioner shall oversee the provision of training and technical support to all districts and campuses in respect to planning and site-based decision-making through one or more sources, including regional education service centers, for school board trustees, superintendents, principals, teachers, parents, and other members of school committees.

(b)  The agency shall conduct an annual statewide survey of the types of district- and campus-level decision-making and planning structures that exist, the extent of involvement of various stakeholders in district- and campus-level planning and decision-making, and the perceptions of those persons of the quality and effectiveness of decisions related to their impact on student performance.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Section  11.255.  Dropout Prevention Review.

(a) Each district-level planning and decision-making committee and each campus-level planning and decision-making committee for a junior, middle, or high school campus shall analyze information related to dropout prevention, including:

(1)  the results of the audit of dropout records required by Section 39.308;

(2)  campus information related to graduation rates, dropout rates, high school equivalency certificate rates, and the percentage of students who remain in high school more than four years after entering grade level 9;

(3)  the number of students who enter a high school equivalency certificate program and:

(A)  do not complete the program;

(B)  complete the program but do not take the high school equivalency examination; or

(C)  complete the program and take the high school equivalency examination but do not obtain a high school equivalency certificate;

(4)  for students enrolled in grade levels 9 and 10, information related to academic credit hours earned, retention rates, and placements in alternative education programs and expulsions under Chapter 37; and

(5)  the results of an evaluation of each school-based dropout prevention program in the district.

(b)  Each district-level planning and decision-making committee and each campus-level planning and decision-making committee shall use the information reviewed under this section in developing district or campus improvement plans under this subchapter.

Added by Acts 2003, 78th Leg., ch. 1201, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 12, eff. June 19, 2009.



Subchapter G. Law Applicable To Certain School Districts And County Systems

Section  11.301.  Application Of Former Law.

(a) A school district or county system operating under former Chapter 17, 18, 22, 25, 26, 27, or 28 on May 1, 1995, may continue to operate under the applicable chapter as that chapter existed on that date and under state law generally applicable to school districts that does not conflict with that chapter.

(b)  A school district operating under former Chapter 22 may incorporate and become an independent school district in the manner provided by former Subchapter F, Chapter 19, as that subchapter existed on May 1, 1995.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 304, Sec. 2, eff. Sept. 1, 2003.



Section  11.302.  Public Information.

The governing body of a school district or county system to which Section 11.301 applies shall make available to the public for inspection and copying during regular operating hours a copy of the provisions under which the district or county system operates that are specific to that type of district or county system.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Section  11.303.  Municipal School Districts.

(a) Except as otherwise provided by this section, a school district operating under former Chapter 24 may continue to operate under that chapter as it existed on May 1, 1995, and under state law generally applicable to school districts that does not conflict with that chapter.

(b)  The governing body of the municipality may participate in annual hearings or work sessions held by the board of trustees of the municipal school district on the budget and ad valorem tax rate for the coming year.

(c)  The board of trustees of a municipal school district and the governing body of the municipality shall jointly hold any hearing required by law as a condition for the adoption of an annual budget and imposition of an ad valorem tax.

(d)  Neither an annual budget for a municipal school district nor an ad valorem tax to be imposed for the district may be adopted without the affirmative vote of:

(1)  a majority of the members of the board of trustees of the municipal school district present and voting; and

(2)  at least three-quarters of the total of the voting members of the board of trustees and the governing body of the municipality that are present and voting.

(e)  If a quorum of the members of the governing body of the municipality is not present at a meeting required under Subsection (c), the board of trustees may adopt a budget or an ad valorem tax rate without regard to the requirements of Subsection (d).

(f)  Notwithstanding former Section 24.06(c), as it existed on May 1, 1995, the governing body of the municipality shall adopt an ordinance providing for the levy and assessment of the tax approved pursuant to Subsection (d) or (e).

(g)  After adopting an ordinance levying a tax for the municipal school district, the governing body of the municipality shall provide a certified copy of the ordinance to the district's board of trustees.

(h)  This section may not be construed as authorizing the governing body of a municipality to levy a tax for the support of schools of a municipal school district without fully complying with all applicable provisions of the Tax Code.

Added by Acts 2003, 78th Leg., ch. 304, Sec. 1, eff. Sept. 1, 2003.



Section 11.304.  Write-in Voting: Common School District Board Election.

The procedures for write-in voting prescribed for an election for trustees of an independent school district under Section 11.056 apply to an election for trustees of a common school district operating under former Chapter 22 as that chapter existed on May 1, 1995.

Added by Acts 2007, 80th Leg., R.S., Ch. 283, Sec. 1, eff. June 15, 2007.



Subchapter H. Special-purpose School Districts

Section  11.351.  Authority To Establish Special-purpose School District.

(a) On the recommendation of the commissioner and after consulting with the school districts involved and obtaining the approval of a majority of those districts in each affected county in which a proposed school district is located, the State Board of Education may establish a special-purpose school district for the education of students in special situations whose educational needs are not adequately met by regular school districts. The board may impose duties or limitations on the school district as necessary for the special purpose of the district. The board shall exercise the powers as provided by this section relating to the districts established under this section.

(b)  The State Board of Education shall grant to the districts the right to share in the available school fund apportionment and other privileges as are granted to independent and common school districts.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Section  11.352.  Governance Of Special-purpose District.

(a) The State Board of Education shall appoint for each district established under Section 11.351 a board of three, five, or seven trustees, as determined by the State Board of Education. A trustee is not required to be a resident of the district.

(b)  For each military reservation school district, the State Board of Education may appoint a board of three or five trustees.  Enlisted military personnel and military officers may be appointed to the school board.  A majority of the trustees appointed for the district must be civilians and all may be civilians.  The trustees shall be selected from a list of persons who are qualified to serve as members of a school district board of trustees under Section 11.061 and who live or are employed on the military reservation.  The list shall be furnished to the board by the commanding officer of the military reservation.  The trustees appointed serve terms of two years.

(c)  The State Board of Education may adopt rules for the governance of a special-purpose district. In the absence of a rule adopted under this subsection, the laws applicable to independent school districts apply to a special-purpose district.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 982, Sec. 3, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 676, Sec. 1, eff. June 17, 2005.



Section  11.353.  Admission And Attendance.

A child is eligible to attend school in a military reservation school district if the child is eligible under Section 25.001 and is the child of an officer, soldier, or civilian employee residing or employed on the reservation. The board of trustees may transfer any child who cannot be provided for by the district of the child's residence to any school district maintaining adequate facilities and standards for elementary, junior, or senior high schools, as applicable.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Section  11.354.  Abolition Of Special-purpose District. On

the written request signed by a majority of the board of trustees of a military reservation school district, the State Board of Education may abolish the district. The State Board of Education shall give written notice to the board of trustees requesting abolition. The territory of the abolished district and property of the district shall be disposed of as provided by Section 13.205.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Section  11.355.  Annexation Of Additional Territory By Certain Special-purpose Districts.

(a) Any military reservation territory that is subject to the same post or base command as a military reservation used to house dependents of military and civilian personnel and that wholly contains an independent school district, whether or not the reservations are contiguous, may be annexed to that reservation independent school district by the State Board of Education on petition of that post or base commander.

(b)  If a military reservation territory has been annexed to an independent school district of the same post or base command under Subsection (a) and the territory is no longer used to house dependents of military and civilian personnel, the State Board of Education, on petition of the post or base command, or on petition of a majority of the trustees of the school district from which the territory was originally detached, may detach the territory from the military reservation constituting an independent school district and annex it to the school district from which it was originally detached.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Section  11.356.  Support Of Students Enrolled In Special-purpose School Districts.

The independent or common school district that is responsible for providing education services to a student who is enrolled in a special-purpose school district established under Section 11.351 shall share the cost of the student's education in the manner provided under Section 30.003 for students enrolled in the Texas School for the Blind and Visually Impaired or the Texas School for the Deaf unless the State Board of Education finds that the student's education in a particular special-purpose school or school district is not the responsibility of the independent or common school district.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


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