EDUCATION CODE
TITLE 1. GENERAL PROVISIONS
CHAPTER 1. GENERAL PROVISIONS
<1. 001> <8305. 7120>
Sec. 1. 001. APPLICABILITY. (a) This code applies to all educational institutions supported in whole or in part by state tax funds unless specifically excluded by this code.
(b) Except as provided by Chapter 18, Chapter 19, Subchapter A of Chapter 29, Subchapter E of Chapter 30, or Chapter 30A, this code does not apply to students, facilities, or programs under the jurisdiction of the Department of Aging and Disability Services, the Department of State Health Services, the Health and Human Services Commission, the Texas Youth Commission, the Texas Department of Criminal Justice, a Job Corps program operated by or under contract with the united states Department of Labor, or any juvenile probation agency.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 377 , Sec. 2, eff. June 17, 2005.
Acts 2009, 81st Leg., R. S., Ch. 1328 , Sec. 1, eff. September 1, 2009.
<1. 002> <8306. 7121>
Sec. 1. 002. EQUAL EDUCATIONAL SERVICES OR OPPORTUNITIES. (a) An educational institution undertaking to provide education, services, or activities to any individual within the jurisdiction or geographical boundaries of the educational institution shall provide equal opportunities to all individuals within its jurisdiction or geographical boundaries pursuant to this code.
(b) An educational institution may not deny services to any individual eligible to participate in a school district’s special education program as provided by Section 29. 003, but the educational institution shall provide individuals with disabilities special educational services as authorized by law or, where expressly authorized, assist in and contribute toward the provision of appropriate special educational services in cooperation with other educational institutions and other appropriate agencies, institutions, or departments.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
<1. 003> <8307. 7122>
Sec. 1. 003. THE FLYING OF THE UNITED STATES AND TEXAS FLAGS. On all regular school days, every school and other educational institution to which this code applies shall fly the united states and Texas flags.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
<1. 004> <8308. 7123>
Sec. 1. 004. DISPLAY OF NATIONAL MOTTO. A public elementary or secondary school or an institution of higher education as defined by Section 61. 003 may display the United states national motto, “In God We Trust, ” in each classroom, auditorium, and cafeteria.
Added by Acts 2003, 78th Leg., ch. 412, Sec. 1, eff. June 20, 2003.
<1. 005> <95950. 84549>
Sec. 1. 005. EDUCATION RESEARCH CENTERS; SHARING STUDENT INFORMATION. (a) In this section:
(1) “Center” means a center for education research authorized by this section.
(2) “Coordinating board” means the Texas Higher education Coordinating Board.
(b) The commissioner of education and the coordinating board may establish not more than three centers for education research for conducting research described by Subsections (e) and (f).
(c) A center may be established as part of:
(1) the Texas Education Agency;
(2) the coordinating board; or
(3) a public junior college, public senior college or university, or public state college, as those terms are defined by Section 61. 003.
(d) A center may be operated under a memorandum of understanding between the commissioner of education, the coordinating board, and the governing board of an educational institution described by Subsection (c)(3). The memorandum of understanding must require the commissioner of education, or a person designated by the commissioner, and the coordinating board, or a person designated by the coordinating board, to provide direct, joint supervision of the center under this section.
(e) A center shall conduct research for the benefit of education in this state, including research relating to the impact of state and federal education programs, the performance of educator preparation programs, public school finance, and the best practices of school districts with regard to classroom instruction, bilingual education programs, special language programs, and business practices.
(f) The commissioner of education and the coordinating board:
(1) under the memorandum of understanding described by Subsection (d), may require a center to conduct certain research projects considered of particular importance to the state, as determined by the commissioner and the coordinating board;
(2) not later than the 45th day before the date a research project required to be conducted under this subsection is scheduled to begin, shall notify the governor, the Legislative Budget Board, and the governing body of the educational institution in which the center is established that the research project is required; and
(3) shall provide sufficient funds to finance the project.
(g) In conducting research under this section, a center:
(1) may use data on student performance, including data that is confidential under the Family Educational Rights and Privacy Act of 1974 (20 U. S. C. Section 1232g), the center has collected from the Texas Education Agency, the coordinating board, any public or private institution of higher education, and any school district; and
(2) shall comply with rules adopted by the commissioner of education and the coordinating board to protect the confidentiality of student information, including rules establishing procedures to ensure that confidential student information is not duplicated or removed from a center in an unauthorized manner.
(h) The commissioner of education and the coordinating board may:
(1) accept gifts and grants to be used in operating one or more centers; and
(2) by rule impose reasonable fees, as appropriate, for the use of a center’s research, resources, or facilities.
(i) This section does not authorize the disclosure of student information that may not be disclosed under the Family Educational Rights and Privacy Act of 1974 (20 U. S. C. Section 1232g).
(j) The commissioner of education and the coordinating board shall adopt rules as necessary to implement this section.
(k) In implementing this section, the commissioner of education may use funds appropriated to the agency and available for the purpose of establishing the centers. After a center is established, the center must be funded by gifts and grants accepted under Subsection (h)(1) and fees imposed under Subsection (h)(2). Fees adopted under Subsection (h)(2) must be set in an amount sufficient to provide for the continued operation of the center.
James G. Sullivan
