CHAPTER 11. SCHOOL DISTRICTS - Texas Statutes

EDUCATION CODE

TITLE 2. PUBLIC EDUCATION

SUBTITLE C. LOCAL ORGANIZATION AND GOVERNANCE

CHAPTER 11. SCHOOL DISTRICTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 11.001. ACCREDITATION. Each school district must be

accredited by the agency as provided by Subchapter C, Chapter 39.

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

1995.

Amended by:

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

895, Sec. 5, eff. June 19, 2009.

Sec. 11.002. RESPONSIBILITY OF SCHOOL DISTRICTS FOR PUBLIC

EDUCATION. The school districts and charter schools created in

accordance with the laws of this state have the primary

responsibility for implementing the state's system of public

education and ensuring student performance in accordance with

this code.

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

1995.

Sec. 11.003. ADMINISTRATIVE EFFICIENCY. (b) Each regional

education service center shall:

(1) notify each school district served by the center regarding

the opportunities available through the center for cooperative

shared services arrangements within the center's service area;

and

(2) evaluate the need for cooperative shared services

arrangements within the center's service area and consider

expanding center-sponsored cooperative shared services

arrangements.

(c) Each regional education service center shall assist a school

district board of trustees in entering into an agreement with

another district or political subdivision, a regional education

service center, or an institution of higher education as defined

by Section 61.003, for a cooperative shared services arrangement

regarding administrative services, including transportation, food

service, purchasing, and payroll functions.

(d) The commissioner may require a district to enter into a

cooperative shared services arrangement for administrative

services if the commissioner determines:

(1) that the district has failed to satisfy a financial

accountability standard as determined by commissioner rule under

Subchapter D, Chapter 39; and

(2) that entering into a cooperative shared services arrangement

would:

(A) enable the district to enhance its performance on the

financial accountability standard identified under Subdivision

(1); and

(B) promote the efficient operation of the district.

(e) The commissioner may require an open-enrollment charter

school to enter into a cooperative shared services arrangement

for administrative services if the commissioner determines, after

an audit conducted under Section 12.1163, that such a cooperative

shared services arrangement would promote the efficient operation

of the school.

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

5, Sec. 2.03, eff. May 31, 2006.

Amended by:

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

895, Sec. 6, eff. June 19, 2009.

SUBCHAPTER B. INDEPENDENT SCHOOL DISTRICTS

Sec. 11.011. ORGANIZATION. The board of trustees of an

independent school district, the superintendent of the district,

the campus administrators, and the district- and campus-level

committees established under Section 11.251 shall contribute to

the operation of the district in the manner provided by this code

and by the board of trustees of the district in a manner not

inconsistent with this code.

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

1995.

SUBCHAPTER C. BOARD OF TRUSTEES OF INDEPENDENT SCHOOL

DISTRICT--GENERAL PROVISIONS

Sec. 11.051. GOVERNANCE OF INDEPENDENT SCHOOL DISTRICT; NUMBER

OF TRUSTEES. (a) An independent school district is governed by

a board of trustees who, as a body corporate, shall:

(1) oversee the management of the district; and

(2) ensure that the superintendent implements and monitors

plans, procedures, programs, and systems to achieve appropriate,

clearly defined, and desired results in the major areas of

district operations.

(a-1) Unless authorized by the board, a member of the board may

not, individually, act on behalf of the board. The board of

trustees may act only by majority vote of the members present at

a meeting held in compliance with Chapter 551, Government Code,

at which a quorum of the board is present and voting. The board

shall provide the superintendent an opportunity to present at a

meeting an oral or written recommendation to the board on any

item that is voted on by the board at the meeting.

(b) The board consists of the number of members that the

district had on September 1, 1995.

(c) A board of trustees that has three or five members may by

resolution increase the membership to seven. A board of trustees

that votes to increase its membership must consider whether the

district would benefit from also adopting a single-member

election system under Section 11.052. A resolution increasing the

number of trustees takes effect with the second regular election

of trustees that occurs after the adoption of the resolution. The

resolution must provide for a transition in the number of

trustees so that when the transition is complete, trustees are

elected as provided by Section 11.059.

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

1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1244, Sec. 1, eff. September 1, 2007.

Sec. 11.052. SINGLE-MEMBER TRUSTEE DISTRICTS. (a) Except as

provided by Subsection (b), the board of trustees of an

independent school district, on its own motion, may order that

trustees of the district are to be elected from single-member

trustee districts or that not fewer than 70 percent of the

members of the board of trustees are to be elected from

single-member trustee districts with the remaining trustees to be

elected from the district at large.

(b) If a majority of the area of an independent school district

is located in a county with a population of less than 10,000, the

board of trustees of the district, on its own motion, may order

that trustees of the district are to be elected from

single-member trustee districts or that not fewer than 50 percent

of the members of the board of trustees are to be elected from

single-member trustee districts with the remaining trustees to be

elected from the district at large.

(c) Before adopting an order under Subsection (a) or (b), the

board must:

(1) hold a public hearing at which registered voters of the

district are given an opportunity to comment on whether or not

they favor the election of trustees in the manner proposed by the

board; and

(2) publish notice of the hearing in a newspaper that has

general circulation in the district, not later than the seventh

day before the date of the hearing.

(d) An order of the board adopted under Subsection (a) or (b)

must be entered not later than the 120th day before the date of

the first election at which all or some of the trustees are

elected from single-member trustee districts authorized by the

order.

(e) If at least 15 percent or 15,000 of the registered voters of

the school district, whichever is less, sign and present to the

board of trustees a petition requesting submission to the voters

of the proposition that trustees of the district be elected in a

specific manner, which must be generally described on the

petition and which must be a manner of election that the board

could have ordered on its own motion under Subsection (a) or (b),

the board shall order that the appropriate proposition be placed

on the ballot at the first regular election of trustees held

after the 120th day after the date the petition is submitted to

the board. The proposition must specify the number of trustees to

be elected from single-member districts. Beginning with the first

regular election of trustees held after an election at which a

majority of the registered voters voting approve the proposition,

trustees of the district shall be elected in the manner

prescribed by the approved proposition.

(f) If single-member trustee districts are adopted or approved

as provided by this section, the board shall divide the school

district into the appropriate number of trustee districts, based

on the number of members of the board that are to be elected from

single-member trustee districts, and shall number each trustee

district. The trustee districts must be compact and contiguous

and must be as nearly as practicable of equal population. In a

district with 150,000 or more students in average daily

attendance, the boundary of a trustee district may not cross a

county election precinct boundary except at a point at which the

boundary of the school district crosses the county election

precinct boundary. Trustee districts must be drawn not later than

the 90th day before the date of the first election of trustees

from those districts.

(g) Residents of each trustee district are entitled to elect one

trustee to the board. A trustee elected to represent a trustee

district at the first election of trustees must be a resident of

the district the trustee represents not later than: (1) the 90th

day after the date election returns are canvassed; or (2) the

60th day after the date of a final judgment in an election

contest filed concerning that trustee district. After the first

election of trustees from single-member trustee districts, a

candidate for trustee representing a single-member trustee

district must be a resident of the district the candidate seeks

to represent. A person appointed to fill a vacancy in a trustee

district must be a resident of that trustee district. A trustee

vacates the office if the trustee fails to move into the trustee

district the trustee represents within the time provided by this

subsection or ceases to reside in the district the trustee

represents. A candidate for trustee representing the district at

large must be a resident of the district.

(h) At the first election at which some or all of the trustees

are elected in a manner authorized by this section and after each

redistricting, all positions on the board shall be filled. The

trustees then elected shall draw lots for staggered terms as

provided by Section 11.059.

(i) Not later than the 90th day before the date of the first

regular school board election at which trustees may officially

recognize and act on the last preceding federal census, the board

shall redivide the district into the appropriate number of

trustee districts if the census data indicates that the

population of the most populous district exceeds the population

of the least populous district by more than 10 percent.

Redivision of the district shall be in the manner provided for

division of the district under Subsection (f).

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

1995. Amended by Acts 2001, 77th Leg., ch. 982, Sec. 1, eff.

Sept. 1, 2001.

Sec. 11.053. OPTION TO CONTINUE IN OFFICE FOLLOWING ADOPTION OF

SINGLE-MEMBER PLAN OR REDISTRICTING. (a) The board of trustees

of an independent school district that adopts a redistricting

plan under Section 11.052 may provide for the trustees in office

when the plan is adopted or the school district is redistricted

to serve for the remainder of their terms in accordance with this

section.

(b) The trustee district and any at-large positions provided by

the district's plan shall be filled as the staggered terms of

trustees then in office expire. Not later than the 90th day

before the date of the first election from trustee districts and

after each redistricting, the board shall determine the order in

which the positions will be filled.

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

1995. Amended by Acts 2001, 77th Leg., ch. 982, Sec. 2, eff.

Sept. 1, 2001.

Sec. 11.054. ELECTING TRUSTEES BY CUMULATIVE VOTING. (a) The

board of trustees of an independent school district that elects

its trustees at large or at large by position may order that

elections for trustees be held using the cumulative voting

procedure described by this section.

(b) At an election at which more than one trustee position is to

be filled, all of the positions that are to be filled at the

election shall be voted on as one race by all the voters of the

school district. Each voter is entitled to cast a number of votes

equal to the number of positions to be filled at the election.

(c) A voter may cast one or more of the specified number of

votes for any one or more candidates in any combination. Only

whole votes may be cast and counted.

(d) If a voter casts more than the number of votes to which the

voter is entitled in the election, none of the voter's votes may

be counted in that election. If a voter casts fewer votes than

entitled, all of the voter's votes are counted in that election.

(e) The candidates who are elected are those, in the number to

be elected, receiving the highest numbers of votes.

(f) If the board of trustees adopts an order requiring the use

of cumulative voting, only the trustee positions that were

scheduled to be elected at the election are filled through the

use of cumulative voting.

(g) An independent school district that adopts an order

requiring the use of cumulative voting may not elect its members

by position as provided by Section 11.058.

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

1995.

Sec. 11.055. APPLICATION TO GET ON BALLOT. (a) Except as

provided by Subsection (c), an application of a candidate for a

place on the ballot must be filed not later than 5 p.m. of the

62nd day before the date of the election. An application may not

be filed earlier than the 30th day before the date of the filing

deadline.

(b) In a district in which the positions on the board of

trustees are not authorized to be designated by number, an

applicant is not required to state which other candidate, if any,

the applicant is opposing.

(c) For an election to be held on the date of the general

election for state and county officers, the day of the filing

deadline is the 70th day before election day.

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

1995. Amended by Acts 2003, 78th Leg., ch. 925, Sec. 9, eff. Nov.

1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1109, Sec. 30, eff. September 1, 2005.

Sec. 11.056. WRITE-IN VOTING. (a) In an election for trustees

of an independent school district, a write-in vote may not be

counted for a person unless that person has filed a declaration

of write-in candidacy with the secretary of the board of trustees

in the manner provided for write-in candidates in the general

election for state and county officers.

(b) Except as provided by Subsection (e), a declaration of

write-in candidacy must be filed not later than 5 p.m. of the

fifth day after the date an application for a place on the ballot

is required to be filed.

(c) With the appropriate modifications and to the extent

practicable, Subchapter B, Chapter 146, Election Code, applies to

write-in voting in an election for trustees of an independent

school district.

(d) The secretary of state shall adopt the rules necessary to

implement this section.

(e) For an election to be held on the date of the general

election for state and county officers, the day of the filing

deadline is the 67th day before election day.

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

1995. Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 74, eff.

Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

1109, Sec. 31, eff. September 1, 2005.

Sec. 11.057. DETERMINATION OF RESULTS; OPTIONAL MAJORITY VOTE

REQUIREMENT. (a) Except as provided by Subsection (c), in an

independent school district in which the positions of trustees

are designated by number as provided by Section 11.058 or in

which the trustees are elected from single-member trustee

districts as provided by Section 11.052, the candidate receiving

the highest number of votes for each respective position voted on

is elected.

(b) In a district in which the positions of trustees are not

designated by number or in which the trustees are not elected

from single-member trustee districts, the candidates receiving

the highest number of votes shall fill the positions the terms of

which are normally expiring.

(c) The board of trustees of an independent school district in

which the positions of trustees are designated by number or in

which the trustees are elected from single-member trustee

districts as provided by Section 11.052 may provide by

resolution, not later than the 180th day before the date of an

election, that a candidate must receive a majority of the votes

cast for a position or in a trustee district, as applicable, to

be elected. A resolution adopted under this subsection is

effective until rescinded by a subsequent resolution adopted not

later than the 180th day before the date of the first election to

which the rescission applies.

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

1995. Amended by Acts 1999, 76th Leg., ch. 522, Sec. 1, eff.

Sept. 1, 1999.

Sec. 11.058. ELECTION BY POSITION. (a) The designation of the

positions of trustees by number is or may be required only as

specified by this section.

(b) The positions on the board of trustees shall be designated

by number in any independent school district in which the

procedure of designating and electing the trustees by number has

been authorized and instituted whether under general or special

law and whether by resolution of the trustees or by operation of

law.

(c) The positions on the board of trustees shall be designated

by number in any independent school district in which the board

of trustees by resolution orders that all candidates for trustee

be voted on and elected separately for positions on the board of

trustees and that all candidates be designated on the official

ballot according to the number of the positions for which they

seek election.

(d) The resolution of the board of trustees must be made not

later than the 60th day before the date of any trustee election

for this section to apply.

(e) The board shall also, not later than the 60th day before the

date of the election, number the positions on the board in the

order in which the terms of office of the trustees expire.

(f) Once the board of trustees of an independent school district

has ordered the election of trustees by numbered positions under

this section, neither the board of trustees nor their successors

may rescind the action.

(g) Ballots for an election to which this section applies must

clearly show the position for which each person is a candidate.

The board of trustees shall arrange by lot the names of the

candidates for each position.

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

1995.

Sec. 11.0581. JOINT ELECTIONS REQUIRED. (a) An election for

trustees of an independent school district shall be held on the

same date as:

(1) the election for the members of the governing body of a

municipality located in the school district;

(2) the general election for state and county officers; or

(3) the election for the members of the governing body of a

hospital district, if the school district:

(A) is wholly or partly located in a county with a population of

less than 30,000 that is adjacent to a county with a population

of more than three million; and

(B) held its election for trustees jointly with the election for

the members of the governing body of the hospital district before

May 2007.

(b) Elections held on the same date as provided by Subsection

(a) shall be held as a joint election under Chapter 271, Election

Code.

(c) The voters of a joint election under this section shall be

served by common polling places consistent with Section

271.003(b), Election Code.

(d) The board of trustees of an independent school district

changing an election date to comply with this section shall

adjust the terms of office of its members to conform to the new

election date.

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

5, Sec. 11.01, eff. May 31, 2006.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1010, Sec. 2, eff. September 1, 2007.

Sec. 11.059. TERMS. (a) A trustee of an independent school

district serves a term of three or four years.

(b) Elections for trustees with three-year terms shall be held

annually. The terms of one-third of the trustees, or as near to

one-third as possible, expire each year.

(c) Elections for trustees with four-year terms shall be held

biennially. The terms of one-half of the trustees, or as near to

one-half as possible, expire every two years.

(d) A board policy must state the schedule on which specific

terms expire.

(e) Not later than December 31, 2007, the board of trustees may

adopt a resolution changing the length of the terms of its

trustees. The resolution must provide for a term of either three

or four years and specify the manner in which the transition from

the length of the former term to the modified term is made. The

transition must begin with the first regular election for

trustees that occurs after January 1, 2008, and a trustee who

serves on that date shall serve the remainder of that term. This

subsection expires January 1, 2013.

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

1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

17, Sec. 1, eff. April 25, 2007.

Sec. 11.060. VACANCIES. (a) If a vacancy occurs on the board

of trustees of an independent school district, the remaining

trustees may fill the vacancy by appointment until the next

trustee election.

(b) If the board is appointed by the governing body of a

municipality, a trustee appointed by the governing body to fill a

vacancy shall serve for the unexpired term.

(c) Instead of filling a vacancy by appointment under Subsection

(a) or (b), the board or municipal governing body may order a

special election to fill the vacancy. A special election is

conducted in the same manner as the district's general election

except as provided by the Election Code.

(d) If more than one year remains in the term of the position

vacated, the vacancy shall be filled under this section not later

than the 180th day after the date the vacancy occurs.

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

1995.

Sec. 11.061. QUALIFICATION AND ORGANIZATION OF TRUSTEES;

COMPENSATION. (a) The trustees first elected or appointed after

the creation or incorporation of an independent school district

shall file their official oaths with the county judge of the

county in which the district or a major portion of the district

is situated. After all subsequent elections, the newly elected

trustees shall file their official oaths with the president of

the board of trustees.

(b) A person may not be elected trustee of an independent school

district unless the person is a qualified voter.

(c) Except as provided by Section 11.062, at the first meeting

after each election and qualification of trustees, the members

shall organize by selecting:

(1) a president, who must be a member of the board;

(2) a secretary, who may or may not be a member of the board;

and

(3) other officers and committees the board considers necessary.

(d) The trustees serve without compensation.

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

1995.

Sec. 11.062. ELECTION OF OFFICERS IN CERTAIN SCHOOL DISTRICTS.

An independent school district in which, before September 1,

1995, part of the trustees were elected from single-member

trustee districts and one or more board officers were elected at

large shall continue electing trustees and officers in that

manner until a different method of selection is adopted by

resolution of the board of trustees.

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

1995.

Sec. 11.0621. MEETINGS. The minutes, certified agenda, or

recording, as applicable, of a regular or special meeting of the

board of trustees must reflect each member's attendance at or

absence from the meeting. The minutes or tape recording of an

open meeting must be accessible to the public in accordance with

Section 551.022, Government Code.

Added by Acts 2007, 80th Leg., R.S., Ch.

1244, Sec. 2, eff. September 1, 2007.

Sec. 11.063. ELIGIBILITY FOR EMPLOYMENT. A trustee of an

independent school district may not accept employment with that

school district until the first anniversary of the date the

trustee's membership on the board ends.

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

1995.

Sec. 11.064. FILING OF FINANCIAL STATEMENT BY TRUSTEE. (a) The

board of trustees of an independent school district by resolution

adopted by majority vote may require each member of the board to

file the financial statement required of state officers under

Subchapter B, Chapter 572, Government Code, with:

(1) the board of trustees; and

(2) the Texas Ethics Commission.

(a-1) Not later than the 15th day after the date a board of

trustees adopts a resolution under Subsection (a), the board

shall deliver a certified copy of the resolution to the Texas

Ethics Commission.

(a-2) A resolution adopted under Subsection (a) applies

beginning on January 1 of the second year following the year in

which the resolution is adopted. A member of a board of trustees

that has adopted a resolution under Subsection (a) is not

required to include, in a financial disclosure statement under

this section, financial activity occurring before January 1 of

the year following the year in which the resolution is adopted.

(a-3) The commissioner by order shall require the members of the

board of trustees of an independent school district to file the

financial statement required of state officers under Subchapter

B, Chapter 572, Government Code, in the same manner as the

members of a board of trustees that have adopted a resolution

under Subsection (a) if the commissioner determines that:

(1) a board member has failed to comply with filing and recusal

requirements applicable to the member under Chapter 171, Local

Government Code;

(2) the district financial accounting practices are not adequate

to safeguard state and district funds; or

(3) the district has not met a standard set by the commissioner

in the financial accountability rating system.

(a-4) The commissioner may require filing financial statements

under Subsection (a-3) covering not more than three fiscal years

and beginning on January 1 of the second year following the date

of the commissioner's order. A member of a board of trustees

subject to an order issued under Subsection (a-3) is not required

to include, in a financial disclosure statement subject to this

section, financial activity occurring before January 1 of the

year following the year in which the order is issued. The

commissioner may renew the requirement if the commissioner

determines that a condition described by Subsection (c) continues

to exist.

(b) Subchapter B, Chapter 572, Government Code:

(1) applies to a trustee subject to this section as if the

trustee were a state officer; and

(2) governs the contents, timeliness of filing, and public

inspection of a statement filed under this section.

(c) A trustee serving in a school district that has adopted a

resolution under Subsection (a) or that is subject to an order

issued under Subsection (a-3) commits an offense if the trustee

fails to file the statement required by the resolution or order.

An offense under this section is a Class B misdemeanor.

Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.04, eff. Sept. 1,

2003. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec.

30.01, eff. Jan. 11, 2004.

Sec. 11.065. APPLICABILITY TO CERTAIN DISTRICTS.

(a) Sections 11.052(g) and (h) and Sections 11.059(a) and (b) do

not apply to the board of trustees of a school district if:

(1) the district's central administrative office is located in a

county with a population of more than two million; and

(2) the district's student enrollment is more than 125,000 and

less than 200,000.

(b) Section 11.053 of this code and Section 141.001, Election

Code, apply to the board of trustees of a school district

described by Subsection (a).

(c) A trustee of a school district described by Subsection (a)

may not serve a term that exceeds four years.

(d) Notwithstanding Chapter 171, Acts of the 50th Legislature,

Regular Session, 1947 (Article 2783d, Vernon's Texas Civil

Statutes), to the extent consistent with this section, the board

of trustees of a school district described by Subsection (a) may

adopt rules necessary to govern the term, election, and residency

requirements of members of the board that may be adopted under

general law by any other school district.

Added by Acts 2003, 78th Leg., ch. 344, Sec. 1, eff. June 18,

2003.

Renumbered from Education Code, Section 11.064 by Acts 2005, 79th

Leg., Ch.

728, Sec. 23.001(10), eff. September 1, 2005.

SUBCHAPTER D. POWERS AND DUTIES OF BOARD OF TRUSTEES OF

INDEPENDENT SCHOOL DISTRICT

Sec. 11.151. IN GENERAL. (a) The trustees of an independent

school district constitute a body corporate and in the name of

the district may acquire and hold real and personal property, sue

and be sued, and receive bequests and donations or other moneys

or funds coming legally into their hands.

(b) The trustees as a body corporate have the exclusive power

and duty to govern and oversee the management of the public

schools of the district. All powers and duties not specifically

delegated by statute to the agency or to the State Board of

Education are reserved for the trustees, and the agency may not

substitute its judgment for the lawful exercise of those powers

and duties by the trustees.

(c) All rights and titles to the school property of the

district, whether real or personal, shall be vested in the

trustees and their successors in office. The trustees may, in any

appropriate manner, dispose of property that is no longer

necessary for the operation of the school district.

(d) The trustees may adopt rules and bylaws necessary to carry

out the powers and duties provided by Subsection (b).

(e) A school district may request the assistance of the attorney

general on any legal matter. The district must pay any costs

associated with the assistance.

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

1995. Amended by Acts 2003, 78th Leg., ch. 201, Sec. 5, eff.

Sept. 1, 2003.

Sec. 11.1511. SPECIFIC POWERS AND DUTIES OF BOARD. (a) In

addition to powers and duties under Section 11.151 or other law,

the board of trustees of an independent school district has the

powers and duties provided by Subsection (b).

(b) The board shall:

(1) seek to establish working relationships with other public

entities to make effective use of community resources and to

serve the needs of public school students in the community;

(2) adopt a vision statement and comprehensive goals for the

district and the superintendent and monitor progress toward those

goals;

(3) establish performance goals for the district concerning:

(A) the academic and fiscal performance indicators under

Subchapters C, D, and J, Chapter 39; and

(B) any performance indicators adopted by the district;

(4) ensure that the superintendent:

(A) is accountable for achieving performance results;

(B) recognizes performance accomplishments; and

(C) takes action as necessary to meet performance goals;

(5) adopt a policy to establish a district- and campus-level

planning and decision-making process as required under Section

11.251;

(6) publish an annual educational performance report as required

under Section 39.306;

(7) adopt an annual budget for the district as required under

Section 44.004;

(8) adopt a tax rate each fiscal year as required under Section

26.05, Tax Code;

(9) monitor district finances to ensure that the superintendent

is properly maintaining the district's financial procedures and

records;

(10) ensure that district fiscal accounts are audited annually

as required under Section 44.008;

(11) publish an end-of-year financial report for distribution to

the community;

(12) conduct elections as required by law;

(13) by rule, adopt a process through which district personnel,

students or the parents or guardians of students, and members of

the public may obtain a hearing from the district administrators

and the board regarding a complaint;

(14) make decisions relating to terminating the employment of

district employees employed under a contract to which Chapter 21

applies, including terminating or not renewing an employment

contract to which that chapter applies; and

(15) carry out other powers and duties as provided by this code

or other law.

(c) The board may:

(1) issue bonds and levy, pledge, assess, and collect an annual

ad valorem tax to pay the principal and interest on the bonds as

authorized under Sections 45.001 and 45.003;

(2) levy, assess, and collect an annual ad valorem tax for

maintenance and operation of the district as authorized under

Sections 45.002 and 45.003;

(3) employ a person to assess or collect the district's taxes as

authorized under Section 45.231; and

(4) enter into contracts as authorized under this code or other

law and delegate contractual authority to the superintendent as

appropriate.

Added by Acts 2007, 80th Leg., R.S., Ch.

1244, Sec. 3, eff. September 1, 2007.

Amended by:

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

895, Sec. 7, eff. June 19, 2009.

Sec. 11.1512. COLLABORATION BETWEEN BOARD AND SUPERINTENDENT.

(a) In relation to the superintendent of the school district,

the board of trustees of the district has the powers and duties

specified by Sections 11.1511(b) and (c). The superintendent

shall, on a day-to-day basis, ensure the implementation of the

policies created by the board.

(b) The board of trustees and the superintendent shall work

together to:

(1) advocate for the high achievement of all district students;

(2) create and support connections with community organizations

to provide community-wide support for the high achievement of all

district students;

(3) provide educational leadership for the district, including

leadership in developing the district vision statement and

long-range educational plan;

(4) establish district-wide policies and annual goals that are

tied directly to the district's vision statement and long-range

educational plan;

(5) support the professional development of principals,

teachers, and other staff; and

(6) periodically evaluate board and superintendent leadership,

governance, and teamwork.

Added by Acts 2007, 80th Leg., R.S., Ch.

1244, Sec. 3, eff. September 1, 2007.

Sec. 11.1513. EMPLOYMENT POLICY. (a) The board of trustees of

each independent school district shall adopt a policy providing

for the employment and duties of district personnel. The

employment policy must provide that:

(1) the board employs and evaluates the superintendent;

(2) the superintendent has sole authority to make

recommendations to the board regarding the selection of all

personnel other than the superintendent, except that the board

may delegate final authority for those decisions to the

superintendent; and

(3) each principal must approve each teacher or staff

appointment to the principal's campus as provided by Section

11.202.

(b) The board of trustees may accept or reject the

superintendent's recommendation regarding the selection of

district personnel and shall include the board's acceptance or

rejection in the minutes of the board's meeting, as required

under Section 551.021, Government Code, in the certified agenda

or tape recording required under Section 551.103, Government

Code, or in the recording required under Section 551.125 or

551.127, Government Code, as applicable. If the board rejects

the superintendent's recommendation, the superintendent shall

make alternative recommendations until the board accepts a

recommendation.

(c) The employment policy may:

(1) specify the terms of employment with the district;

(2) delegate to the superintendent the authority to determine

the terms of employment with the district; or

(3) include a provision for providing each current district

employee with an opportunity to participate in a process for

transferring to another school in or position with the district.

(d) The employment policy must provide that not later than the

10th school day before the date on which a district fills a

vacant position for which a certificate or license is required as

provided by Section 21.003, other than a position that affects

the safety and security of students as determined by the board of

trustees, the district must provide to each current district

employee:

(1) notice of the position by posting the position on:

(A) a bulletin board at:

(i) a place convenient to the public in the district's central

administrative office; and

(ii) the central administrative office of each campus in the

district during any time the office is open; or

(B) the district's Internet website, if the district has a

website; and

(2) a reasonable opportunity to apply for the position.

(e) If, during the school year, the district must fill a vacant

position held by a teacher, as defined by Section 21.201, in less

than 10 school days, the district:

(1) must provide notice of the position in the manner described

by Subsection (d)(1) as soon as possible after the vacancy

occurs;

(2) is not required to provide the notice for 10 school days

before filling the position; and

(3) is not required to comply with Subsection (d)(2).

(f) If, under the employment policy, the board of trustees

delegates to the superintendent the final authority to select

district personnel:

(1) the superintendent is a public official for purposes of

Chapter 573, Government Code, only with respect to a decision

made under that delegation of authority; and

(2) each member of the board of trustees remains subject to

Chapter 573, Government Code, with respect to all district

employees.

(g) Subsection (f) does not apply to a school district that is

located:

(1) wholly in a county with a population of less than 35,000; or

(2) in more than one county, if the county in which the largest

portion of the district territory is located has a population of

less than 35,000.

(h) For purposes of Subsection (f), a person hired by a school

district before September 1, 2007, is considered to have been in

continuous employment as provided by Section 573.062(a),

Government Code, and is not prohibited from continuing employment

with the district subject to the restrictions of Section

573.062(b), Government Code.

(i) The employment policy must provide each school district

employee with the right to present grievances to the district

board of trustees.

(j) The employment policy may not restrict the ability of a

school district employee to communicate directly with a member of

the board of trustees regarding a matter relating to the

operation of the district, except that the policy may prohibit ex

parte communication relating to:

(1) a hearing under Subchapter E or F, Chapter 21; and

(2) another appeal or hearing in which ex parte communication

would be inappropriate pending a final decision by a school

district board of trustees.

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

1995.

Amended by:

Acts 2005, 79th Leg., Ch.

705, Sec. 1, eff. June 17, 2005.

Acts 2007, 80th Leg., R.S., Ch.

10, Sec. 1, eff. April 23, 2007.

Redesignated from Education Code, Section 11.163 and amended by

Acts 2007, 80th Leg., R.S., Ch.

1244, Sec. 4, eff. September 1, 2007.

Amended by:

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

87, Sec. 27.001(4), eff. September 1, 2009.

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

1347, Sec. 1, eff. June 19, 2009.

Sec. 11.152. TAXES; BONDS. The trustees of an independent

school district may levy and collect taxes and issue bonds in

compliance with Chapter 45. If a specific rate of tax is not

adopted at an election authorizing a tax, the trustees shall

determine the rate of tax to be levied within the limit voted and

specified by law.

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

1995.

Sec. 11.153. SALE OF MINERALS. (a) Minerals in land belonging

to an independent school district may be sold to any person under

this section.

(b) The sale must be authorized by a resolution adopted by

majority vote of the board of trustees of the school district.

(c) After adoption of a resolution under Subsection (b), the

president of the board of trustees may execute an oil or gas

lease or sell, exchange, and convey the minerals. The mineral

deed or lease must recite the approval of the resolution of the

board authorizing the sale.

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

1995.

Sec. 11.154. SALE OF PROPERTY OTHER THAN MINERALS. (a) The

board of trustees of an independent school district may, by

resolution, authorize the sale of any property, other than

minerals, held in trust for public school purposes.

(b) The president of the board of trustees shall execute a deed

to the purchaser of the property reciting the resolution of the

board of trustees authorizing the sale.

(c) A school district may employ, retain, contract with, or

compensate a licensed real estate broker or salesperson for

assistance in the acquisition or sale of real property.

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

1995.

Sec. 11.1541. DONATION OF SURPLUS PROPERTY. (a) The board of

trustees of an independent school district may, by resolution,

authorize the donation of real property and improvements formerly

used as a school campus to a municipality, county, state agency,

or nonprofit organization if:

(1) before adopting the resolution, the board holds a public

hearing concerning the donation and, in addition to any other

notice required, gives notice of the hearing by publishing the

subject matter, location, date, and time of the hearing in a

newspaper having general circulation in the territory of the

district;

(2) the board determines that:

(A) the improvements have historical significance;

(B) the transfer will further the preservation of the

improvements; and

(C) at the time of the transfer, the district does not need the

real property or improvements for educational purposes; and

(3) the entity to whom the transfer is made has shown, to the

satisfaction of the board, that the entity intends to continue to

use the real property and improvements for public purposes.

(b) The president of the board of trustees shall execute a deed

transferring ownership of the real property and improvements to

the municipality, county, state agency, or nonprofit

organization. The deed must:

(1) recite the resolution of the board authorizing the donation;

and

(2) provide that ownership of the real property and improvements

revert to the district if the municipality, county, state agency,

or nonprofit organization:

(A) discontinues use of the real property and improvements for

public purposes; or

(B) executes a document that purports to convey the property.

(c) In this section, "nonprofit organization" means an

organization exempt from federal income taxation under Section

501(a), Internal Revenue Code of 1986, as an organization

described by Section 501(c)(3) of that code.

Added by Acts 2001, 77th Leg., ch. 161, Sec. 1, eff. Jan. 1,

2002. Amended by Acts 2003, 78th Leg., ch. 1189, Sec. 1, eff.

Sept. 1, 2003.

Sec. 11.155. EMINENT DOMAIN. (a) An independent school

district may, by the exercise of the right of eminent domain,

acquire the fee simple title to real property for the purpose of

securing sites on which to construct school buildings or for any

other purpose necessary for the district.

(b) In a condemnation by a school district, the trial and all

other proceedings, including the assessing of damages, shall be

in compliance with the statutes that apply to condemnation by a

railroad.

(c) When final judgment is issued in a condemnation, the

plaintiff shall be awarded the fee simple title to the property

condemned.

(d) If the school district desires to take possession of the

property to be condemned pending suit, it may do so at any time

after the award of the commissioners and on the conditions in

Subdivisions (1)-(4).

(1) The district is not required to give any bond, but it must

pay to the defendant the amount of damages awarded or adjudged

against it by the commissioners or deposit that amount in court

subject to the order of the defendant, and the district shall pay

the costs awarded against it.

(2) If on an appeal from the award of the commissioners the

judgment exceeds the amount of the award, the district, if it has

previously taken possession of the property, shall pay the

judgment and costs awarded against it, not later than the 60th

day after the date of the final judgment in the case. If the

school district fails to pay the judgment and costs, the court

shall on application of the defendant determine the damages, if

any, the defendant has suffered by reason of the temporary

possession by the plaintiff, order those damages paid out of the

award deposited in court, and order a writ of possession for the

property in favor of the defendant.

(3) If the final judgment on an appeal is less than the amount

of the award of the commissioners, the court shall order the

excess to be returned to the district.

(4) If the cause is appealed from the decision of the county

court, the appeal is governed by the law governing appeals in

other cases, except that the judgment of the county court is not

suspended by the appeal.

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

1995.

Sec. 11.156. DONATIONS TO THE PUBLIC SCHOOLS. (a) A

conveyance, devise, or bequest of property for the benefit of the

public schools made by anyone for any county, municipality, or

district, if not otherwise directed by the donor, vests the

property in the county school trustees, the board of trustees of

the municipality or district, or their successors in office as

trustees for those to be benefited by the donation.

(b) The funds or other property donated or the income from the

property may be spent by the trustees:

(1) for any purpose designated by the donor that is in keeping

with the lawful purposes of the schools for the benefit of which

the donation was made; or

(2) for any legal purpose if a specific purpose is not

designated by the donor.

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

1995.

Sec. 11.157. CONTRACTS FOR EDUCATIONAL SERVICES. The board of

trustees of an independent school district may contract with a

public or private entity for that entity to provide educational

services for the district.

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

1995.

Sec. 11.158. AUTHORITY TO CHARGE FEES. (a) The board of

trustees of an independent school district may require payment

of:

(1) a fee for materials used in any program in which the

resultant product in excess of minimum requirements becomes, at

the student's option, the personal property of the student, if

the fee does not exceed the cost of materials;

(2) membership dues in student organizations or clubs and

admission fees or charges for attending extracurricular

activities, if membership or attendance is voluntary;

(3) a security deposit for the return of materials, supplies, or

equipment;

(4) a fee for personal physical education and athletic equipment

and apparel, although any student may provide the student's own

equipment or apparel if it meets reasonable requirements and

standards relating to health and safety established by the board;

(5) a fee for items of personal use or products that a student

may purchase at the student's option, such as student

publications, class rings, annuals, and graduation announcements;

(6) a fee specifically permitted by any other statute;

(7) a fee for an authorized voluntary student health and

accident benefit plan;

(8) a reasonable fee, not to exceed the actual annual

maintenance cost, for the use of musical instruments and uniforms

owned or rented by the district;

(9) a fee for items of personal apparel that become the property

of the student and that are used in extracurricular activities;

(10) a parking fee or a fee for an identification card;

(11) a fee for a driver training course, not to exceed the

actual district cost per student in the program for the current

school year;

(12) a fee for a course offered for credit that requires the use

of facilities not available on the school premises or the

employment of an educator who is not part of the school's regular

staff, if participation in the course is at the student's option;

(13) a fee for a course offered during summer school, except

that the board may charge a fee for a course required for

graduation only if the course is also offered without a fee

during the regular school year;

(14) a reasonable fee for transportation of a student who lives

within two miles of the school the student attends to and from

that school, except that the board may not charge a fee for

transportation for which the school district receives funds under

Section 42.155(d); or

(15) a reasonable fee, not to exceed $50, for costs associated

with an educational program offered outside of regular school

hours through which a student who was absent from class receives

instruction voluntarily for the purpose of making up the missed

instruction and meeting the level of attendance required under

Section 25.092.

(b) The board may not charge fees for:

(1) textbooks, workbooks, laboratory supplies, or other supplies

necessary for participation in any instructional course except as

authorized under this code;

(2) field trips required as a part of a basic education program

or course;

(3) any specific form of dress necessary for any required

educational program or diplomas;

(4) the payment of instructional costs for necessary school

personnel employed in any course or educational program required

for graduation;

(5) library books required to be used for any educational course

or program, other than fines for lost, damaged, or overdue books;

(6) admission to any activity the student is required to attend

as a prerequisite to graduation;

(7) admission to or examination in any required educational

course or program; or

(8) lockers.

(c) Students may be required to furnish personal or consumable

items, including pencils, paper, pens, erasers, notebooks, and

school uniforms, except that students who are educationally

disadvantaged may be required to furnish school uniforms only as

provided by Section 11.162.

(d) The board may not charge a fee under Subsection (a)(12) for

a course to which Section 28.003 applies.

(e) This section does not prohibit the operation of a school

store in which students may purchase school supplies and

materials.

(f) A school district shall adopt reasonable procedures for

waiving a deposit or fee if a student or the student's parent or

guardian is unable to pay it. This policy shall be posted in a

central location in each school facility, in the school policy

manual, and in the student handbook.

(g) This section does not prohibit a board of trustees from

charging reasonable fees for goods and services provided in

connection with any postsecondary instructional program,

including career and technology, adult, veterans', or continuing

education, community service, evening school, and high school

equivalency programs.

(h) For a fee charged under Subsection (a)(15), the school

district must provide a written form to be signed by the

student's legal guardian stating that this fee would not create a

financial hardship or discourage the student from attending the

program. The school district may only assess the fee if the

student returns the signed form.

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

1995. Amended by Acts 1997, 75th Leg., ch. 1029, Sec. 3, eff.

June 19, 1997; Acts 1999, 76th Leg., ch. 698, Sec. 1, eff. June

18, 1999.

Sec. 11.159. MEMBER TRAINING AND ORIENTATION. (a) The State

Board of Education shall provide a training course for

independent school district trustees to be offered by the

regional education service centers. Registration for a course

must be open to any interested person, including current and

prospective board members, and the state board may prescribe a

registration fee designed to offset the costs of providing that

course.

(b) A trustee must complete any training required by the State

Board of Education. The minutes of the last regular meeting of

the board of trustees held during a calendar year must reflect

whether each trustee has met or is delinquent in meeting the

training required to be completed as of the date of the meeting.

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

1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1244, Sec. 5, eff. September 1, 2007.

Sec. 11.160. CHANGE OF SCHOOL DISTRICT NAME. (a) The board of

trustees of an independent school district by resolution may

change the name of the school district.

(b) The board shall give notice of the change in name of the

district by sending to the commissioner a copy of the resolution,

attested by the president and secretary of the board. The

district, under its changed name, is considered a continuation of

the district, as formerly named, for all purposes.

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

1995.

Sec. 11.161. FRIVOLOUS SUIT. In a civil suit brought under

state law, against an independent school district or an officer

of an independent school district acting under color of office,

the court may award costs and reasonable attorney's fees if:

(1) the court finds that the suit is frivolous, unreasonable,

and without foundation; and

(2) the suit is dismissed or judgment is for the defendant.

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

1995.

Sec. 11.162. SCHOOL UNIFORMS. (a) The board of trustees of an

independent school district may adopt rules that require students

at a school in the district to wear school uniforms if the board

determines that the requirement would improve the learning

environment at the school.

(b) The rules the board of trustees adopts must designate a

source of funding that shall be used in providing uniforms for

students at the school who are educationally disadvantaged.

(c) A parent or guardian of a student assigned to attend a

school at which students are required to wear school uniforms may

choose for the student to be exempted from the requirement or to

transfer to a school at which students are not required to wear

uniforms and at which space is available if the parent or

guardian provides a written statement that, as determined by the

board of trustees, states a bona fide religious or philosophical

objection to the requirement.

(d) Students at a school at which uniforms are required shall

wear the uniforms beginning on the 90th day after the date on

which the board of trustees adopts the rules that require the

uniforms.

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

1995.

Sec. 11.164. RESTRICTING WRITTEN INFORMATION. (a) The board of

trustees of each school district shall limit redundant requests

for information and the number and length of written reports that

a classroom teacher is required to prepare. A classroom teacher

may not be required to prepare any written information other

than:

(1) any report concerning the health, safety, or welfare of a

student;

(2) a report of a student's grade on an assignment or

examination;

(3) a report of a student's academic progress in a class or

course;

(4) a report of a student's grades at the end of each grade

reporting period;

(5) a textbook report;

(6) a unit or weekly lesson plan that outlines, in a brief and

general manner, the information to be presented during each

period at the secondary level or in each subject or topic at the

elementary level;

(7) an attendance report;

(8) any report required for accreditation review;

(9) any information required by a school district that relates

to a complaint, grievance, or actual or potential litigation and

that requires the classroom teacher's involvement; or

(10) any information specifically required by law, rule, or

regulation.

(b) The board of trustees shall review paperwork requirements

imposed on classroom teachers and shall transfer to existing

noninstructional staff a reporting task that can reasonably be

accomplished by that staff.

(c) This section does not preclude a school district from

collecting essential information, in addition to information

specified under Subsection (a), from a classroom teacher on

agreement between the classroom teacher and the district.

Added by Acts 1997, 75th Leg., ch. 1320, Sec. 1, eff. Sept. 1,

1997. Amended by Acts 2003, 78th Leg., ch. 201, Sec. 6, eff.

Sept. 1, 2003.

Sec. 11.165. ACCESS TO SCHOOL CAMPUSES. The board of trustees

of an independent school district may adopt rules to keep school

campuses, including school libraries, open for recreational

activities, latchkey programs, and tutoring after school hours.

Added by Acts 1999, 76th Leg., ch. 1170, Sec. 1, eff. June 18,

1999.

Sec. 11.166. OPERATION ON CAMPUS OF INSTITUTION OF HIGHER

EDUCATION. (a) The board of trustees of a school district may

operate a school or program or hold a class on the campus of an

institution of higher education in this state if the board

obtains written consent from the president or other chief

executive officer of the institution.

(b) The president or other chief executive officer of an

institution of higher education may provide written consent to a

board of trustees of a school district under Subsection (a)

regardless of whether the institution is located within the

boundaries of the district.

Added by Acts 2001, 77th Leg., ch. 734, Sec. 1, eff. June 13,

2001.

Sec. 11.167. OPERATION OUTSIDE DISTRICT BOUNDARIES. The board

of trustees of a school district may operate a school or program,

including an extracurricular program, or hold a class outside the

boundaries of the district.

Added by Acts 2001, 77th Leg., ch. 734, Sec. 1, eff. June 13,

2001.

Sec. 11.168. USE OF DISTRICT RESOURCES PROHIBITED FOR CERTAIN

PURPOSES. Except as provided by Section 45.109 (a-1) and (a-2),

the board of trustees of a school district may not enter into an

agreement authorizing the use of school district employees,

property, or resources for the provision of materials or labor

for the design, construction, or renovation of improvements to

real property not owned or leased by the district.

Added by Acts 2005, 79th Leg., Ch.

979, Sec. 1, eff. June 18, 2005.

Amended by:

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

1328, Sec. 4, eff. September 1, 2009.

Sec. 11.169. ELECTIONEERING PROHIBITED. Notwithstanding any

other law, the board of trustees of an independent school

district may not use state or local funds or other resources of

the district to electioneer for or against any candidate,

measure, or political party.

Added by Acts 2005, 79th Leg., Ch.

1109, Sec. 32, eff. September 1, 2005.

Renumbered from