K-12 Governance Structures: State Profile

K-12 Governance Structures: State Profile - Texas

November 2017


Data are collected using publicly available state constitutional language and state statutes. Updated as of Nov. 1, 2017.
 

Governor
What constitutional or statutory duties does the governor have as it relates to education? The executive department of the state shall consist of a governor, who shall be the chief executive officer of the state.

He shall cause the laws to be faithfully executed and shall conduct, in person, or in such manner as shall be prescribed by law, all intercourse and business of the State with other States and with the United States.

Every bill which shall have passed both houses of the Legislature shall be presented to the Governor for his approval. If he approves he shall sign it; but if he disapproves it, he shall return it, with his objections, to the House in which it originated.

If any bill presented to the Governor contains several items of appropriation he may object to one or more of such items, and approve the other portion of the bill.
What is the appointment authority provided to the governor in education? The governor appoints the commissioner of education with the advice and consent of the senate.
Are the governor’s duties and powers and found in the state constitution? No
Are the governor’s duties and powers and found in the state statute? Yes
Citation Vernon's Ann.Texas Const. Art. 4, § 1
Vernon's Ann.Texas Const. Art. 4, § 10
TX Education Code Ann. § 7.051
Legislature
What constitutional or statutory powers does the legislature have as it relates to education policy? The Legislative power of this State shall be vested in a Senate and House of Representatives, which together shall be styled “The Legislature of the State of Texas.”

It shall be the duty of the Legislature of the State to establish and make suitable provision for the support and maintenance of an efficient system of public free schools.

The Legislature may provide for the formation of school districts by general laws, and all such school districts may embrace parts of two or more counties.

The Legislature shall be authorized to pass laws for the assessment and collection of taxes in all school districts.
What is the appointment or confirmation authority of the legislature in education? The senate provides advice and consent for the governor's appointment for commissioner of education.
Which committees in the legislature have jurisdiction over education issues? House:
Public Education

Senate:
Education
Constitutional? Yes
Statutory? Yes
Citations Vernon's Ann.Texas Const. Art. 3, § 1
Vernon's Ann.Texas Const. Art. 7, § 1
Vernon's Ann.Texas Const. Art. 7, § 3
TX Education Code Ann. § 7.051
Chief State School Officer
What are the duties of the chief state officer? The commissioner shall serve as the educational leader of the state.

The commissioner shall carry out the duties imposed on the commissioner by the board or the legislature.

The commissioner may visit different areas of this state, address teachers' associations and educational gatherings, instruct teachers, and promote all aspects of education.

The commissioner shall coordinate and implement teacher recruitment programs.
What constitutional or statutory authority does the chief state school officer have as it relates to education policy? The commissioner shall serve as executive officer of the agency and as executive secretary of the board.

The commissioner shall prescribe a uniform system of forms, reports, and records necessary to fulfill the reporting and recordkeeping requirements of this title.

The commissioner may delegate ministerial and executive functions to agency staff and may employ division heads and any other employees and clerks to perform the duties of the agency.

The commissioner shall appoint an agency auditor.

The commissioner may provide for reductions in the number of agency employees.

The commissioner shall adopt a recommended appraisal process and criteria on which to appraise the performance of teachers, a recommended appraisal process and criteria on which to appraise the performance of administrators, and a job description and evaluation form for use in evaluating school counselors.
How is the chief state school officer selected? The commissioner of education is appointed by the governor with the advice and consent of the senate.
Constitutional? No
Statutory? Yes
Citation V.T.C.A., Education Code § 7.055
V.T.C.A., Education Code § 7.051
State Board of Education
What constitutional or statutory powers and duties does the state board of education have as it relates to education policy? The state board has the following powers and duties:

-The board shall develop and update a long-range plan for public education.

-The board shall establish curriculum and graduation requirements.

-The board shall establish a standard of performance considered satisfactory on student assessment instruments.

-The board may establish rules and regulations for charter schools.

-The board shall adopt rules prescribing the form and content of information school districts are required to provide concerning programs offered by state institutions.

-The board shall perform duties in connection with the public school accountability system.

-The board shall adopt rules concerning school district budgets and audits of school district fiscal accounts.
What is the composition of the state board of education? The state board of education consists of 15 members.
How are members of the state board of education selected? Members of the state board of education are elected.
Constitutional? No
Statutory? Yes
Citation TX Education Code Ann. § 7.102
TX Education Code Ann. § 7.101
Executive-Level Secretary
Does the state have an executive-level secretary? N/A
What other duties does the executive-level secretary have? N/A
Constitutional? N/A
Statutory? N/A
Citation N/A

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