CHAPTER 1. GENERAL PROVISIONS - Texas Statutes

EDUCATION CODE

TITLE 1. GENERAL PROVISIONS

CHAPTER 1. GENERAL PROVISIONS

Sec. 1.001. APPLICABILITY. (a) This code applies to all

educational institutions supported in whole or in part by state

tax funds unless specifically excluded by this code.

(b) Except as provided by Chapter 18, Chapter 19, Subchapter A

of Chapter 29, Subchapter E of Chapter 30, or Chapter 30A, this

code does not apply to students, facilities, or programs under

the jurisdiction of the Department of Aging and Disability

Services, the Department of State Health Services, the Health and

Human Services Commission, the Texas Youth Commission, the Texas

Department of Criminal Justice, a Job Corps program operated by

or under contract with the United States Department of Labor, or

any juvenile probation agency.

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

1995.

Amended by:

Acts 2005, 79th Leg., Ch.

377, Sec. 2, eff. June 17, 2005.

Acts 2009, 81st Leg., R.S., Ch.

1328, Sec. 1, eff. September 1, 2009.

Sec. 1.002. EQUAL EDUCATIONAL SERVICES OR OPPORTUNITIES. (a)

An educational institution undertaking to provide education,

services, or activities to any individual within the jurisdiction

or geographical boundaries of the educational institution shall

provide equal opportunities to all individuals within its

jurisdiction or geographical boundaries pursuant to this code.

(b) An educational institution may not deny services to any

individual eligible to participate in a school district's special

education program as provided by Section 29.003, but the

educational institution shall provide individuals with

disabilities special educational services as authorized by law

or, where expressly authorized, assist in and contribute toward

the provision of appropriate special educational services in

cooperation with other educational institutions and other

appropriate agencies, institutions, or departments.

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

1995.

Sec. 1.003. THE FLYING OF THE UNITED STATES AND TEXAS FLAGS. On

all regular school days, every school and other educational

institution to which this code applies shall fly the United

States and Texas flags.

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

1995.

Sec. 1.004. DISPLAY OF NATIONAL MOTTO. A public elementary or

secondary school or an institution of higher education as defined

by Section 61.003 may display the United States national motto,

"In God We Trust," in each classroom, auditorium, and cafeteria.

Added by Acts 2003, 78th Leg., ch. 412, Sec. 1, eff. June 20,

2003.

Sec. 1.005. EDUCATION RESEARCH CENTERS; SHARING STUDENT

INFORMATION. (a) In this section:

(1) "Center" means a center for education research authorized by

this section.

(2) "Coordinating board" means the Texas Higher Education

Coordinating Board.

(b) The commissioner of education and the coordinating board may

establish not more than three centers for education research for

conducting research described by Subsections (e) and (f).

(c) A center may be established as part of:

(1) the Texas Education Agency;

(2) the coordinating board; or

(3) a public junior college, public senior college or

university, or public state college, as those terms are defined

by Section 61.003.

(d) A center may be operated under a memorandum of understanding

between the commissioner of education, the coordinating board,

and the governing board of an educational institution described

by Subsection (c)(3). The memorandum of understanding must

require the commissioner of education, or a person designated by

the commissioner, and the coordinating board, or a person

designated by the coordinating board, to provide direct, joint

supervision of the center under this section.

(e) A center shall conduct research for the benefit of education

in this state, including research relating to the impact of state

and federal education programs, the performance of educator

preparation programs, public school finance, and the best

practices of school districts with regard to classroom

instruction, bilingual education programs, special language

programs, and business practices.

(f) The commissioner of education and the coordinating board:

(1) under the memorandum of understanding described by

Subsection (d), may require a center to conduct certain research

projects considered of particular importance to the state, as

determined by the commissioner and the coordinating board;

(2) not later than the 45th day before the date a research

project required to be conducted under this subsection is

scheduled to begin, shall notify the governor, the Legislative

Budget Board, and the governing body of the educational

institution in which the center is established that the research

project is required; and

(3) shall provide sufficient funds to finance the project.

(g) In conducting research under this section, a center:

(1) may use data on student performance, including data that is

confidential under the Family Educational Rights and Privacy Act

of 1974 (20 U.S.C. Section 1232g), the center has collected from

the Texas Education Agency, the coordinating board, any public or

private institution of higher education, and any school district;

and

(2) shall comply with rules adopted by the commissioner of

education and the coordinating board to protect the

confidentiality of student information, including rules

establishing procedures to ensure that confidential student

information is not duplicated or removed from a center in an

unauthorized manner.

(h) The commissioner of education and the coordinating board

may:

(1) accept gifts and grants to be used in operating one or more

centers; and

(2) by rule impose reasonable fees, as appropriate, for the use

of a center's research, resources, or facilities.

(i) This section does not authorize the disclosure of student

information that may not be disclosed under the Family

Educational Rights and Privacy Act of 1974 (20 U.S.C. Section

1232g).

(j) The commissioner of education and the coordinating board

shall adopt rules as necessary to implement this section.

(k) In implementing this section, the commissioner of education

may use funds appropriated to the agency and available for the

purpose of establishing the centers. After a center is

established, the center must be funded by gifts and grants

accepted under Subsection (h)(1) and fees imposed under

Subsection (h)(2). Fees adopted under Subsection (h)(2) must be

set in an amount sufficient to provide for the continued

operation of the center.

Added by Acts 2006, 79th Leg., 3rd C.S., Ch.

5, Sec. 2.01, eff. May 31, 2006.