Below are the State Board of Education (SBOE) Operating Rules that were amended on January 31, 2017.
Registration form for Public Testimony
CHAPTER 1. BOARD ORGANIZATION
The statutory citation for this chapter is the Texas Education Code, §7.107.
§1.1. Officers of the Board.
The vice chair and secretary of the board shall be elected in
accordance with Texas Education Code, §7.107, to serve for a term of two
years and until their successors are elected.
(2) In case of
death or resignation of the vice chair or the secretary of the board,
the board shall elect a board member to fill the vacancy for the
unexpired term of that officer at the next board meeting. Either of
these officers may be removed from office by a vote of not less than
two-thirds of the membership of the board.
Chair. The chair shall preside at meetings and perform all other duties
prescribed by law, by board rule, or by board direction.
Vice chair. The vice chair shall perform the duties of the chair in case
of absence or disability of the chair and other duties as the chair may
request. Should the office of the chair become vacant, the vice chair
shall serve as chair until a successor has been appointed by the
(3) Secretary. The secretary shall perform all duties as required by law and such other duties as the chair may request.
§1.2. Committees of the Board.
(a) The standing committees of the board are:
(1) Committee of the Full Board;
(2) Committee on Instruction;
(3) Committee on School Finance/Permanent School Fund; and
(4) Committee on School Initiatives.
Committees may receive information, investigate, study and report to
the board. The board may from time to time define by resolution the
areas of oversight of each committee as may be necessary. Each committee
shall review and make recommendations on the board agenda items falling
under its areas of oversight; except that the chair of the board, in
consultation with the respective committee chair, may designate any
board agenda item for review and recommendation by the Committee of the
(c) The Committee of the Full Board shall be composed
of all members of the board, and the chair of the board shall be the
chair of the Committee of the Full Board.
(d) The Committees on
Instruction, School Finance/Permanent School Fund, and School
Initiatives shall be composed of five members selected by the officers
of the board. Each member will serve on one committee in addition to the
Committee of the Full Board. The officers of the board shall request in
writing the committee choices of the members ranked in order of
preference and shall make committee assignments in the public view for
terms of two years at the organizational meeting after the qualification
of new members as the next order of business following election of
board officers and adoption of rules. Vacancies shall be filled in a
similar fashion. In addition to preference, the officers of the board
shall also consider seniority (total years of service), ethnicity balance,
gender balance, and relevant qualifications specific to a committee
assignment in making committee assignments. Each committee shall elect a
chair from among its members and the chair may appoint a vice chair. An
officer of the board is not eligible to serve as the chair of a
(e) Ad hoc committees. Ad hoc committees
(i.e., task forces) shall be constituted from time to time as directed
by a vote of the board or by the chair to perform such duties as the
board or chair may assign. The personnel and length of service of ad hoc
committees shall be designated by the chair unless otherwise directed
by a vote of the board. No action taken by any ad hoc committee shall be
final or binding upon the board unless otherwise directed by a vote of
(f) From time to time committees may find it
necessary to request legal opinions, comprehensive studies, or reports
to be prepared by the staff to aid the committees in their
deliberations. To ensure clarity and coordination, all such requests
shall be directed to the Division of State Board of Education Support and shall be
reflected in the minutes of the committee meeting.
§1.3. Board Member Seating Selection.
the exception of the chair, the seating of board members will be by
State Board of Education districts. Any member with a special need may
exchange seats with another board member who is in agreement with that
CHAPTER 2. MEETINGS
citations for this chapter are the Texas Education Code, §§7.055, 7.106,
7.107, 7.110, and 39.030, and the Texas Government Code, Title 5, Open
Government; Ethics, Subtitle A, Open Government, Chapter 551, Open
§2.1. Regular Meetings of the Board.
accordance with Texas Education Code, §7.106, four regular meetings of
the board a year shall be held in Austin, Texas. If a quorum is not
present for a meeting, the meeting shall be recessed and all items on
the agenda shall be heard at a subsequent meeting.
§2.2. Special Meetings of the Board.
meetings of the board may be held at times and places as ordered by the
chair during a regular meeting, or special meetings may be called by
the chair of the board to be held at a time and place the chair shall
§2.3. Open Meetings.
special, and committee meetings of the board shall be open to the
public; however, the board or board committees may meet in executive
session in accordance with law and these rules. Open meetings of the
board and standing committees shall be broadcast live over the Internet.
§2.4. Executive Sessions.
sessions of the board or of board committees are meetings with only
board members and persons authorized by law. Executive sessions shall be
held in accordance with Texas Government Code, Chapter 551, Open
(a) The commissioner of education
shall prepare and submit to each member of the board, prior to each meeting, a
draft agenda schedule, listing item titles with short summaries of each item.
Other than as is provided in subsection (b) and (c), all agenda items are
subject to the approval of the chair of the board. Materials supplementing the
agenda may be included. Official agendas will be available the day of the board
(b) The chairs of the Committee on
Instruction, Committee on School Finance/Permanent School Fund, Committee on
School Initiatives, and ad hoc committees shall collaborate with the board chair regarding items to be
placed on their respective committee agendas.Committee agendas shall
include statutorily mandated motions, items assigned to the committee by the
board chair, items posted at the discretion of the committee chair and items
voted on as set out in subsection (c) below.
Committee chairs may post discussion items per their discretion, but
action items must be approved by the board chair, subject to the process set
out in (c) below.
(c) Any member of the board may
request that a committee chair, other than the Committee of the Full Board,
place an item on the agenda of that chair’s committee, as either a discussion
item or an action item. If the committee
chair agrees, the item is placed on the agenda of that chair’s committee in
accordance with the member’s request, subject to the approval of the board
chair. If the committee chair denies the
member’s request, the member may appeal the denial to the board chair. If the board chair denies the request, the
member may appeal the denial to the board.
If the board approves the request, it is placed on the agenda of the
committee to which the request was made at the next meeting of that committee.
subject on the agenda that is outside the scope of the board’s authority may
only be considered by the board or the Committee of the Full Board by a vote of
a majority of the membership of the board.
The chair, in consultation with Agency legal counsel, shall make a
determination of whether an item is outside the scope of the board’s authority
when preparing the agenda. Any member
may move to place an item determined by the chair to be outside the scope of
the board’s authority on the agenda for a subsequent meeting.
§2.6. Official Transaction of Business.
The board shall transact official business only when in session with a
quorum present. Unless otherwise provided by law, in order for a board
action to be final, it must be approved by a majority of the board
members present and voting.
(b) The chair may authorize the board
to meet via videoconference call. As required by Government Code
§551.127(b), if videoconference calling technology is used, a quorum of
the board must be physically present in one location for the meeting.
The chair may limit the number of remote videoconference locations in
the interest of decorum and teleconference capacity.
(c) The board reserves the right to restrict the use of cell phones during all meetings of the board and its committees.
No posters, props, or other visual displays are allowed by board
members within the meeting rooms without permission from the presiding
§2.7. Rules of Order.
(a) The board shall observe Robert's Rules of Order, Newly Revised, except as otherwise provided by board rules or by statute.
The presiding chair shall preserve order and decorum during meetings.
In case of disturbance or disorderly conduct in the public gallery, the
chair may order that any disruptive individuals be cleared from the
(c) No signs, placards or other objects of a similar nature shall be permitted in the audience gallery area.
No applause, outburst or other demonstration by any spectator shall be
permitted during the public testimony, public hearing or debate portion
of any State Board of Education meeting. After warnings to the audience
to refrain from such demonstrations, the presiding chair may direct that
disruptive individuals in the gallery area be removed as necessary to
preserve decorum during meetings.
official minutes of the board shall be kept by the office of the
commissioner of education or the commissioner’s designee and shall be
available to any citizen desiring to examine them. Official minutes are
those which the board has approved and which carry the original
signature of the secretary of the board.
A member wishing to offer a resolution shall give notice of the
resolution by submitting a copy to the chair and the Division of State Board of Education Support at
least one week prior to the posting deadline for the board meeting at
which the resolution is to be considered. The board shall consider the
resolution and any germane amendments at the next meeting following such
(b) The board may by unanimous consent pass a
congratulatory, commendatory, or other non-substantive resolution
without the notice required by this section.
(c) The board may consider a resolution which expresses
an opinion related to specific instructional materials or which
expresses concerns as to the appropriateness of specific instructional
materials for certain ages or populations. Resolutions considered under
this subsection must conform to the following:
(1) The resolution shall be submitted in compliance with subsection (a) of this section.
Board action on a resolution expressing an opinion related to specific
instructional materials may only be considered after final action has
been taken concerning placement of the specific instructional materials
on the list of adopted instructional materials for use in the public
schools of Texas. Board action relative to instructional materials
resolutions must take place within 90 days of adoption of the specific
instructional materials under 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, §66.66(c).
Nothing in the resolution shall be construed to replace or modify any
final action taken by the board under 19 TAC Chapter 66.
(4) The board may adopt a resolution expressing an opinion related to instructional materials based on the following criteria:
Instructional materials should present the most current factual
information accurately and objectively without editorial opinion or bias
by the authors. Theories should be clearly distinguished from fact and
presented in an objective educational manner.
materials should promote citizenship, patriotism, understanding of the
essentials and benefits of the free enterprise system, respect for
recognized authority, and respect for individual rights. The materials
should not include selections or works that encourage or condone civil
disorder, social strife, or disregard of the law. Violence, if it
appears, should be treated in the context of its cause and consequence.
It should not appear for reasons of unwholesome excitement or
(i) Instructional materials should present positive aspects of the United States and its heritage.
When significant political or social movements in history generate no
clear consensus, instructional materials should present balanced and
factual treatment of the positions.
(iii) Free enterprise means
an economic system characterized by private or corporate ownership of
capital goods; investments that are determined by private decision
rather than by state control; and prices, production, and the
distribution of goods that are determined in a free market.
(C) Instructional materials should not include blatantly offensive language or illustrations.
Instructional materials should treat divergent groups fairly without
stereotyping and reflect the positive contributions of all individuals
and groups to the American way of life. Illustrations and written
materials should avoid bias toward any particular group or individual
and present a wide range of goal choices. Particular care should be
taken in the treatment of ethnic groups, issues related to the aging and
aged, roles of men and women, the dignity of workers, and respect for
the work ethic.
(i) Instructional materials should not encourage life-styles deviating from generally accepted standards of society.
Instructional materials should provide an objective view of cultural
confluence and include information needed to develop mutual
understanding and respect among all elements of our population.
Materials should reflect an awareness that culture and language
variation does exist and can be used to promote successful learning.
Instructional materials should present examples of men and women
participating in a variety of roles and activities and also shall
present the economic, political, social, and cultural contributions of
men and women, past and present.
(iv) Instructional materials
that treat aspects of the world of work should reflect the positive
contributions of all types of careers to the American economic system
and way of life. People presented should reflect varieties of work and
be treated without bias toward particular kinds of work.
(v) Instructional materials should present traditional and contemporary roles of men, women, boys, and girls.
(vi) Instructional materials should present balanced treatment of issues related to aging and the aged.
A representative of the publisher of the specific instructional
material shall be given the opportunity to address the board prior to
action by the board on such a resolution.
(6) A copy of any
resolution passed by the board expressing an opinion related to specific
instructional material shall be provided to the board president and
superintendent of each school district in Texas.
§2.10. Oral Public Testimony in Connection with Regular Board and Committee Meetings.
(a) General Provisions.
(1) The board shall provide opportunity for oral public testimony at
regular committee meetings, special meetings, and at regularly scheduled
meetings of the State Board of Education.
(2) Work session and ad hoc committee meetings are exempt from this requirement.
(3) The presiding chair shall take appropriate action to avoid unduly repetitious testimony.
(4) The presiding chair shall assure that members of the public with
differing viewpoints have reasonable access to address the board and
take steps to ensure that individuals will be given priority over
(5) The presiding chair shall determine
which speakers will be heard and the order in which they will be heard
if the number exceeds that number which may reasonably be expected to
testify in the allotted time for presentations. The presiding chair
shall also determine whether speakers who did not register or who
registered late will be heard and whether persons asking to testify as a
substitute for a registered speaker may do so.
(6) The board,
without debate, may allow a person to testify for clarification and
informational purposes, whether or not he/she has registered or
previously testified. The person is not required to honor the request.
(b) Registration Procedures.
Speakers may register between the hours of 8 a.m. on the Friday
preceding the board meeting and 5 p.m. (Central Time) on the Monday
preceding the board meeting with the agency website or facsimile, or,
during normal operating hours, with the appropriate agency office in
person or by telephone at the William B. Travis (WBT) State Office
Building, 1701 N. Congress, Austin, Texas 78701:
(A) Committee of the Full Board – Division of State Board of Education Support, WBT Room 1-109, (512) 463-9007, FAX: (512) 936-4319;
Committee on Instruction – Associate Commissioner for Standards and Support Services, WBT Room 3-121Q, (512) 463-9087, FAX: (512) 475-3667;
Committee on School Finance/Permanent School Fund – Division of State Funding, WBT Room 4-157C, (512) 463-0964, FAX: (512) 305-9165;
Committee on School Initiatives – Division of State Board of Education Support, WBT Room 1-109, (512) 463-9007, FAX: (512) 936-4319;
(E) SBOE General Board Meeting – Division of State Board of Education Support, WBT Room 1-109, (512) 463-9007, FAX: (512) 936-4319.
The commissioner of education may update the agency liaison divisions
as necessary based upon the agency’s organizational structure.
The speaker shall provide his or her name and organizational
affiliation, if any, contact telephone number, mailing address, email
address, and indicate which item or topic the speaker will address and
viewpoint on the topic; and the speaker will disclose if he or she is a
lobbyist registered with the Texas Ethics Commission.
person may register himself or herself, and one other person.
Organizations may not register more than two persons per item.
(5) Those registering online will receive an email confirming the registration during the next business day.
Registrations will be listed based upon registration date and time or
alternating points of view in order of registration date and time.
Late registration will be accepted until 30 minutes before the
scheduled start of a meeting, however late registrants are not
guaranteed an opportunity to testify due to time constraints.
Speakers will be informed if it appears that time constraints will not
permit all speakers to make their presentation within the allotted time.
All speakers shall provide thirty-five (35) collated or stapled copies of their testimony.
Registered speakers who are unable to make their presentations due to
time constraints are encouraged to provide thirty-five (35) copies of
their testimony for distribution to board members and agency executive
staff. Written testimony will not be attached to committee minutes.
(c) Oral Public Testimony to Committees.
Oral public testimony to committees is limited to the topics posted for
action or discussion on committee agendas at that specific committee
(2) Three (3)
minute time limits on individual oral testimony will be imposed unless
modified by the presiding chair.
presiding chair shall designate whether oral public testimony shall be
taken at the beginning of the meeting or at the time the related item is
taken up by the committee after staff has presented the item.
The presiding chair shall take steps to ensure that individuals will be
given priority over registered lobbyists. The committee, without
debate, may allow a person to testify for clarification and
informational purposes, whether or not he/she has registered or
previously testified. The person is not required to honor the request.
(d) Oral Public Testimony to the General Meeting of the Board.
(1) Oral public testimony at general meetings of the State Board of Education is limited to topics that are not
posted for action or discussion at the corresponding regular committee
meetings or information published in the information section (yellow
pages) of the agenda.
(2) Thirty (30) minutes shall be allotted
for oral public testimony, excluding the questions and answers, at the
beginning of each board meeting, unless modified by a majority vote of
the board. Three (3) minute time limits on individual oral testimony
will be imposed unless modified by the presiding chair. Testimony
invited by board members shall not be counted against the time allotted
for oral public testimony. Agency staff shall inform the presiding chair
and any affected registered speakers prior to the meeting if time
constraints may not allow some registered speakers to testify.
(3) The presiding chair shall take steps to ensure that individuals will
be given priority over registered lobbyists. The board, without debate,
may allow a person to testify for clarification and informational
purposes, whether or not he/she has registered or previously testified.
The person is not required to honor the request.
§2.11. Written Testimony in Connection with Regular Board and Committee Meetings.
Persons may file written testimony with regard to any committee or
board agenda item. Any written testimony or comments shall identify the
date of the meeting; the subject of the comments; the name of the
author; the name of the author’s organizational affiliation, if any; and
indicate whether the author is a lobbyist registered with the Texas
(b) If the written testimony is submitted at
the regular board or committee meeting, thirty-five (35) collated or stapled copies shall be
provided for distribution to board members and agency executive staff.
Written testimony will not be attached to the board minutes.
Persons who were unable to attend or to testify at a committee or board
meeting due to time constraints may provide thirty-five (35) collated or stapled copies of
their testimony to agency staff for distribution to board members and
agency executive staff.
§2.12. Public Hearings.
(a) Types of Public Hearings.
Hearings regarding proposed board rules. The board shall conduct a
public hearing on a substantive rule if a hearing is requested by at
least 25 persons, a governmental subdivision or agency, or an
association having at least 25 members. Testimony is restricted to
comments regarding the proposed action. The hearing must be set to take
place before any action is adopted. The public hearing shall be
conducted before the appropriate board committee as determined by the
board chair in accordance with the areas of oversight defined in board
(2) Other types of hearings. The board may also
hold public hearings on proposed actions, such as those relating to
instructional materials issues. The public hearing shall be conducted
before the appropriate board committee as determined by the board chair
in accordance with the areas of oversight defined in board operating
rules. Public hearings regarding the instructional materials adoption
process are governed by 19 TAC §66.60.
(b) Speakers shall
preregister in accordance with the procedures established by the agency
office responsible for the subject matter.
(c) The presiding
chair shall establish the procedures for conducting the public hearing.
These procedures shall include, but are not limited to, the following:
(1) Providing for presentations from invited persons or an introduction from staff;
Providing that preregistered speakers are heard in order of
registration times and dates, or requiring alternating points of view in
order of registration times and dates;
(3) Establishing time limits for speakers, generally three minutes each;
Adjourning the hearing at the end of the allotted time period listed in the agenda item or any
extension granted by a vote of the majority of the board or appropriate
(d) Persons who testify at a public hearing shall
bring thirty-five (35) collated or stapled copies of their testimony for distribution to
board members and agency executive staff.
(e) Persons who were
unable to testify at a public hearing due to time constraints may
provide thirty-five (35) collated or stapled copies of their testimony to agency staff for
distribution to board members and agency executive staff.
Prior to the meeting, agency staff shall inform the presiding chair and
shall attempt to inform any affected registered speakers if time
constraints may not allow some registered speakers to testify.
§2.13. Written Public Comments Regarding Proposed Rulemaking.
interested persons have a reasonable opportunity to submit data, views
and arguments to the board in writing, prior to the board adoption of
any rule. Written public comments regarding proposed board rules may be
filed with the board as provided in the notice of proposed rulemaking
contained in the Texas Register.
CHAPTER 3. TRAVEL AND EXPENSES
statutory citations for this chapter are the Texas Education Code,
§7.105, Texas Government Code, Chapter 660, and the General
§3.1. Reimbursement of Expenses.
Members of the State Board of Education receive no salary but are
reimbursed for all expenses incurred for attending regular and special
meetings of the board and of board committees.
reimbursements for expenditures shall be in accordance with Texas
Education Code, §7.105(b), Texas Government Code, Chapter 660, the
General Appropriations Act, and these rules.
(c) Only expenses of
board members may be reimbursed. Expenses for spouses, family, or other
persons traveling with board members are not reimbursable.
(d) Board members must submit receipts for the following expenses:
(1) public transportation (excluding receipts for bus, taxi, or limousine);
(2) car rental;
(3) lodging; and
(4) conference registration fees (which may not include banquets, books, or materials).
Lodging receipts must show the rate for single occupancy plus tax which
will be the maximum reimbursable amount per day for lodging.
Receipts are not required to claim expenses for meals; however, the
General Appropriations Act provides that "none of the funds appropriated
under this act for travel expenses may be expended for alcoholic
beverages" and no such expenses may be claimed for reimbursement.
Other official travel expenses which board members may claim include
the following when the expenses are required for the conduct of state
(1) telephone calls;
(2) parking fees (including personal vehicles);
(3) notary fees for official documents;
(4) fax fees; and
(5) wireless connection.
(h) Board members may not claim reimbursement for expenses such as the following:
(1) laundry or other personal items;
(2) tips or gratuities of any kind; and
(3) alcoholic beverages.
All claims for reimbursement will be reviewed by agency accounting
personnel to ensure compliance with the requirements of the
appropriations act, and any appropriate adjustments to claims shall be
made by staff.
(j) A yearly budget shall be established for
travel of board members. The budgeted amount would include an allotment
of travel funds for board members to attend board meetings and committee
meetings, and an allotment for in-district, out-of-district, and
out-of-state meetings. An additional allotment shall be budgeted for
travel of the chair when representing the State Board of Education at
meetings. When there is a change in office during the fiscal year, the
travel budget will be reassigned to the new board member.
board member may be reimbursed for travel expenses for attending
activities other than State Board of Education meetings and committee
meetings provided that the board members are in compliance with the
(1) In-District and Out-of-District Travel.
In-district and out-of-district travel is at each member's discretion.
Prior approval is not required; however, any travel for which
reimbursement is requested must be directly related to the duties and
responsibilities of the State Board of Education. Any requests for
reimbursement, directly or indirectly related to seeking election to
office, will not be allowed.
(2) Out-of-State Travel. Prior
approval is required by the officers of the board (chair, vice chair,
(l) A board member may be reimbursed for travel
expenses incurred while serving on any board, council, or commission or
serving in any official board position as an appointee for specific
administrative functions when appointed by the State Board of Education
or its chair, or subject to approval of the board or its officers of the
(m) None of the funds appropriated in the General
Appropriations Act shall be used for influencing the outcome of any
election, or the passage or defeat of any legislative measure.
§3.2. Travel Arrangements and Hotel Reservations for State Board of Education Meetings.
Board members shall be responsible for making their own arrangements
for travel to and from board meetings. Agency travel coordinators are
available for assistance.
(b) The senior executive assistant to
the board or his/her designee will make guaranteed hotel reservations
for each board member upon request.
(c) Any change in or
cancellation of reservations shall be the responsibility of the
individual board member in whose name the reservations were made. Board
members who wish to change or cancel their reservations must contact the
hotel directly or call the State Board of Education support office. All
bills received by the agency for unused or uncancelled reservations
will be forwarded for payment to the board member in whose name the
reservations were made.
§3.3. Acceptance of Gifts and/or Grants for Charter School Evaluation.
Purpose. The State Board of Education (SBOE) may accept a gift and/or
grant for the limited purpose of expenses associated with evaluating an
applicant for an open-enrollment charter school.
(1) An entity making a gift and/or grant under this section may not:
(A) limit the use of the funds to any individual applicant, cycle or class of applicants;
be a charter operator in this or any other state, a management
company, service provider or vendor of any kind to charter schools in
this or any other state;
(C) have common board members or
corporate members with any entity operating a charter in Texas or
applying to operate a charter in Texas;
(D) be an individual required to register as a lobbyist under Chapter 305, Government Code; or
(E) be an employee, attorney, contractor or other agent of any kind to charter schools in this or any other state.
An entity making a gift and/or grant under this section may not do so
if the source of funds used for the gift and/or grant were received from
an entity that could not make a gift and/or grant under this section.
For purposes of this section, a spouse or dependent child of an
individual prohibited from making a gift and/or grant is also
(4) For purposes of this section, an entity includes
any legal entity such as corporations, individuals and other business
associations. An individual is limited to a natural person.
An entity making a gift and/or grant shall certify that it has complied
with all requirements of this section in a format approved by the board
(b) Procedure. The SBOE may accept a gift and/or grant under this section only by an affirmative vote of the board.
(1) A charter may not be evaluated using funds under this section unless the commissioner has:
(A) proposed to award a charter to that applicant pursuant to Section 12.101(b); or
(B) requested the participation of individual board members in the agency’s preliminary evaluation of an applicant.
(2) The commissioner shall receive, disburse and account for funds accepted by the board.
Funds accepted under this section may be used solely to pay reasonable
travel expenses, including meals and accommodations, for SBOE members
and TEA staff as necessary to evaluate applicants for open-enrollment
under this section. Unless approved by the board chair and the
commissioner, travel expenses are limited to those available for travel
by SBOE members or state employees.
(4) In making decisions
under this section, the board chair will consult with the board member
acting as a liaison under Section 12.101(b). The board chair will also
consult with the chair of the Committee on School Initiatives, unless
doing so would create a quorum of a committee of the board. A decision
by the board chair under this section is final.
members evaluating a charter applicant under this section shall be
selected by the board chair. The board chair will, to the extent
possible, give preference to board members whose districts include
proposed locations at which the charter would operate. Under no
circumstances will a quorum of the board or a committee of the board
participate in an evaluation under this section.
(6) The board
chair may request that relevant TEA employees accompany board members in
evaluating charter applicants under this section. The commissioner must
approve participation of agency employees.
(7) Except as
provided by this subsection, board members and TEA staff may not accept
anything of value from an applicant and shall limit contact with the
applicant and its employees and representatives to the actual
investigation of the charter. The board chair may authorize acceptance
of reasonable local transportation and meals from the applicant as
necessary to facilitate the evaluation.
(8) In addition to board
members and TEA staff, the board chair may authorize other professionals
to participate in an evaluation under this section. Such a professional
may not be an individual or entity unable to donate funds under
subsection (a) and is subject to all conditions and limits imposed by
this section on board members.
(c) Evaluation. Each board
member will individually report to the Committee on School Initiatives
regarding his/her evaluation of a proposed charter prior to
consideration of the charter by the board under Section 12.101(b-0). The
Committee on School Initiatives will develop a standard form for use by
board members in evaluating a charter under this section.
Reporting. Expenses reimbursed for each board member, TEA staff or
other professionals shall be made publicly available and reported as
appropriate on a board member’s personal financial statement.
CHAPTER 4. CONDUCT AND PUBLIC RELATIONS
statutory citations for this chapter are the Texas Education Code,
§7.108; the Texas Government Code, §305.006, and Chapter 572, Personal
Financial Disclosure, Standards of Conduct, and Conflict of Interest;
and the Texas Election Code, Chapter 251, General Provisions.
§4.1. Standards of Conduct and Conflicts of Interest.
Personal interest in board actions. Whenever a board member has a
financial interest in any matter to be voted upon by the board, such a
member shall state at an open meeting that he or she has such an
interest in the matter and shall abstain from voting and discussion
concerning the matter.
(b) The Permanent School Fund ethics
policy governs the conduct of State Board of Education members with
respect to the investment and management of the Permanent School Fund.
§4.2. Press and Public Relations.
Prior to each State Board of Education meeting, the agenda shall be
made available by agency staff to the capitol press corps; governor's
office; Legislative Budget Board; Legislative Reference Library; Texas
Higher Education Coordinating Board; regional education service centers;
and state offices of professional education organizations which have
requested the agenda.
(b) A press table shall be provided at
meetings of the State Board of Education and press representatives shall
be supplied with copies of the official agenda for the meeting and
other materials relating to specific agenda items.
(c) The State
Board of Education shall seek to maintain open relations with the press
by answering reporters' questions frankly and by providing official
statements through press releases and answers to follow-up inquiries.
§4.3. Disclosure of Campaign Contributions and Gifts.
Any person, corporation, or other legal entity which proposes to enter
into a contract with or applies for a grant, contract, or charter which
may be granted by the State Board of Education shall disclose whether,
at any time in the preceding four years, the person, corporation, or
other legal entity has made a campaign contribution to a candidate for
or member of the State Board of Education. Disclosure shall be made in
writing to the commissioner of education 14 calendar days prior to
consideration by the board or any committee of a contract, grant, or
(b) A person, corporation, or other legal entity which
proposes to enter into a contract with or applies for a grant, contract,
or charter which may be granted by the State Board of Education shall
disclose in the same manner any benefit conferred on a candidate for or
member of the State Board of Education during the preceding four years. A
benefit need not be disclosed if the aggregate value of benefits
conferred on a candidate for or a member of the State Board of
Education during the preceding four years does not exceed $250, or a
different limit set by §572.023(b)(7), Texas Government Code.
This requirement applies whether or not the person, corporation, or
other legal entity is required to report the expenditure to the Texas
Ethics Commission. For purposes of this section, a benefit is not
conferred if the candidate for or a member of the State Board of
Education has paid for the member’s own participation, as well as any
participation by other persons for the direct benefit of any business in
which the member has a substantial interest as defined under Texas
Government Code §572.005 (1) - (7).
(c) In this section:
(1) “person, corporation, or other legal entity” includes:
any individual who would have a “substantial interest” in the person,
corporation, or other legal entity as that term is defined in Texas
Government Code, §572.005 (1) - (6);
(B) an attorney,
representative, registered lobbyist, employee, or other agent who
receives payment for representing the interests of the person, firm, or
corporation before the board or to board members, or whose duties are
directly related to the contract, grant, or charter; or
individual related within the first degree by affinity or consanguinity,
as determined under Chapter 573, Government Code, to the person covered
(2) “contract, grant, or charter” means any
application to enter into a contractual relationship with or otherwise
receive funding from the State Board of Education, including without
limitation contracts for investment advisors, consultants, or investment
managers for the Permanent School Fund and applicants for charters to
operate open enrollment charter schools.
(3) “campaign contribution” has the meaning defined in Texas Election Code, §251.001.
(4) “benefit” has the meaning defined in Texas Penal Code, §36.01.
“candidate for or a member of the State Board of Education” includes a
person related within the first degree of affinity or consanguinity, as
determined under Chapter 573, Government Code, to a candidate for or a
member of the State Board of Education.
(d) A person,
corporation, or other legal entity has a continuing duty to report
contributions or expenditures made through the term of a contract,
grant, or charter and shall within 21 calendar days notify the
commissioner of education and the board chair upon making a contribution
or expenditure covered by this section.
(e) Failure to disclose a
contribution or expenditure under this section shall be grounds for
canceling or revoking the contract, grant, or charter in the discretion
of the board. Only those contributions or expenditures made after the
effective date of this rule are required to be disclosed.
This section does not affect the validity of contracts, grants, or
charters existing on its effective date but does apply to the renewal or
extension of any contract, grant, or charter.
distributing bids or applications for a contract with the board, staff
will provide any disclosure made under subsection (a) or (b) to a board
member to whom the disclosure applies. A board member shall have 10
calendar days to provide a written statement relating to the disclosure
for distribution along with all disclosures.
(h) An SBOE member
shall on April 15 of each year submit a list of businesses that the SBOE
member has a substantial interest in as defined in Texas Government
Code §572.005 (1) - (7) and all DBAs or assumed names of any such
businesses. If any change occurs in the identities of businesses that
an SBOE member has a substantial interest in, the SBOE member shall
submit an amendment within 30 calendar days of the date of such change.
A person, corporation, or other legal entity which proposes to enter
into a contract with or applies for a grant, contract, or charter that
may be granted by the State Board of Education shall be provided the
combined list of all board members and shall disclose any campaign
contribution or benefit under subsections (a) or (b) on behalf of any
business in which an SBOE member has a substantial interest.
CHAPTER 5. RULES AND THE RULEMAKING PROCESS
statutory citation for this chapter is the Texas Government Code,
Chapter 2001, Subchapter B; Texas Government Code, Chapter 2002,
Subchapter B; Texas Education Code, §7.102(e)-(f).
§5.1. State Board of Education Rules.
An action of the board to adopt a rule under the Texas Education Code
is effective only if the rule’s preamble published in the Texas Register includes a statement of the specified statutory authority contained in the Texas Education Code to adopt the rule.
(b) Rules submitted to the Office of the Secretary of State for publication in the Texas Register shall conform to requirements promulgated by the Secretary of State.
§5.2. Adoption, Amendment, and Repeal of State Board of Education Rules.
Proposed new rules, amendments, and repeals must appear on the agenda
for discussion at one board meeting and for action at two subsequent
board meetings as a First Reading and Second Reading, unless a departure
from this rulemaking process is approved by the board.
member of the board shall receive copies of the preliminary and official
board meeting agendas containing all proposed new rules, amendments, or
repeals to be considered.
(c) The board can take action only if
the rule is posted for action in the official notice of the meeting that
is published in the Texas Register. The commissioner is
authorized to file information with the Secretary of State to comply
with the requirements of Texas Government Code, Chapter 2001, Subchapter
B; and Texas Government Code, Chapter 2002, Subchapter B, regarding
adoption of rules.
(1) First Reading and Filing Authorization.
The board can authorize the commissioner to file a proposed new rule,
amendment, or repeal with the Secretary of State for publication in the Texas Register as it appears in the agenda or with changes to the material presented in the agenda.
Second Reading and Final Adoption. If the mandatory 30-day public
comment period after filing the proposal with the Secretary of State has
elapsed, the board can adopt a new rule, amendment, or repeal. If a
board committee determines that a substantial revision of the material
presented in the agenda shall be considered, the board shall not take
final action before the next board meeting.
(3) Withdrawal. The
board can authorize the commissioner to withdraw a proposed new rule,
amendment, or repeal that was previously filed with the Secretary of
(4) Refiling. The board can authorize the commissioner to
withdraw and refile a proposed new rule or amendment that was previously
filed with the Secretary of State if there are substantive changes from
the original filing.
(d) The board can authorize the
commissioner to conduct a public hearing on behalf of the State Board of
Education concerning board rules. The public hearing shall be
transcribed and the transcript made available for review by board
(e) Except as otherwise provided by law, a rule does not
take effect until the beginning of the school year that begins at least
90 days after the date of the rule adoption.
(f) A rule may take
effect earlier than the date set forth in subsection (e) if the rule’s
preamble specified an earlier date with the reason for the earlier date
(1) the earlier effective date is a requirement of:
(A) a federal law, or
a state law that specifically refers to Texas Education Code §7.102 and
expressly requires the adoption of an earlier effective date; or
on an affirmative vote of two-thirds of the members of the board, the
board makes a finding that an earlier effective date is necessary.
§5.3. Emergency Rules.
board may adopt emergency rules without prior notice or hearing.
Conditions under which emergency rules can be adopted and the periods
for which they are effective are governed by Texas Government Code
§2001.034. The board shall also comply with the requirements of Section
5.2(f) of these rules and the notice of emergency meeting requirements
in Texas Government Code, §551.045. Emergency rules will be placed on a
board agenda for adoption as a permanent rule.
§5.4. Filing Non-Substantive Rule Corrections with the Secretary of State.
commissioner may approve and file with the Secretary of State
non-substantive corrections to State Board of Education rules.
Non-substantive rule corrections may only include typographical,
grammatical, referencing, or spelling errors and technical edits to
comply with Texas Register style and format requirements.
§5.5. Rulemaking Authority.
for rules adopted under §5.4 of these rules (relating to Filing
Non-Substantive Rule Corrections with the Secretary of State), or other
exceptions specifically authorized by the board, all rules of the State
Board of Education shall be approved by the State Board of Education.
§5.6. Review of the State Board of Education Rules.
accordance with Texas Government Code, §2001.039, the State Board of
Education shall review its rules every four years to assure that
statutory authority for the rules continues to exist. If necessary,
proposed amendments will be brought to the board following the procedure
described in §5.2 of these rules.
§5.7. Filing of Amendments.
member wishing to amend any Texas Essential Knowledge and Skills (TEKS)
being considered by the board for second reading and final adoption
shall submit the amendment in writing to the staff no later than 5 p.m.
or two hours following the adjournment of the Committee of the Full
Board, whichever is later, on the day prior to the amendment being
considered by the board in accordance with rules adopted by the board
relating to the TEKS adoption process. All amendments shall be made
available to the public to the extent possible. This rule may be
suspended by a two-thirds vote.
CHAPTER 6. ADVISORY GROUPS
The statutory citations for this chapter are the Texas Education Code, §§7.102(b), 29.254, 32.034, and 61.077.
§6.1. General Provisions.
(a) The State Board of Education may appoint advisory committees where specific authority is granted in statute.
The State Board of Education may establish an adult education advisory
committee composed of not more than 21 members representing public and
private education, business, labor, minority groups, and the public to
advise the board on needs, priorities, and standards of adult education
programs conducted in accordance with the Texas Education Code, Chapter
29, Subchapter H, Adult and Community Education Programs.
The State Board of Education may establish a Committee of Investment
Advisors (CIA) to the Permanent School Fund and approve all selected
appointments. The CIA shall be composed of not more than 15 members, one
appointed by each State Board of Education member, who each have
considerable institutional investment expertise and are free from
conflicts of interest. The CIA member will closely advise the individual
State Board of Education member who appointed the member on all matters
relative to the management of the Permanent School Fund as necessary.
The CIA may meet in person or via conference call or telephone
conference as needed. Duties and responsibilities of the CIA are within
the Texas Permanent School Fund - Investment Procedures Manual, Section A.2.
If the board does not establish a CIA, nothing shall prevent a board
member from selecting and working with an investment advisor in a manner
consistent with federal and state laws and the Investment Procedures
R E S O L U T I O N
As specified in the operating rules of
the State Board of Education, “the board may
from time to time define by resolution the areas of oversight of each
committee as may be necessary.” This resolution specifies the areas of
oversight for each board committee currently delineated in the board's
Committee of the Full Board
1. Public testimony
2. Establishment of essential knowledge and skills (TEKS)
3. Adopt instructional materials
Committee on Instruction
1. Establishment of curriculum and graduation requirements
2. Curriculum implementation (including procedures concerning dyslexia and related disorders)
3. Instructional materials proclamations
4. Student assessment program implementation
5. General education
6. Education of individuals with disabilities
7. Gifted and talented education
8. Adult education
9. Library standards
10. Texas School for the Blind and Visually Handicapped/Texas School for the Deaf
Committee on School Finance/Permanent School Fund
1. State and federal funding issues
2. Financial budgeting, reporting, and regulation
3. Contract and grant approval
4. Instructional materials financing and operations
5. Review commissioner’s annual FSP budget
6. Community education funding
7. Permanent School Fund management oversight, including audit responsibility, investment objectives, and investment decisions
Committee on School Initiatives
1. Long-range plans required by statute
2. Educational technology and telecommunications
3. Review and evaluation of charter school applications the commissioner of education proposes to grant
4. State Board for Educator Certification rules review
5. School board member training policy
6. Hearing examiners
7. Military reservation and special school districts
8. Extracurricular activities
9. Home-rule school district probation and revocation