The Texas Education Code is the state statute that governs public education in Texas, setting the rules for how school districts are organized and funded, what students must be taught and tested on, who is allowed to teach, how schools must handle attendance, discipline, safety, and special populations, and what rights parents and students hold along the way. It applies to traditional public schools and charter schools, and in some areas reaches private institutions as well. The Texas Education Agency (TEA) and the State Board of Education (SBOE) enforce most of its provisions and can step in when districts fail to comply.
What follows is a tour of the areas the code reaches, with the specific statutes and standards that most often affect students, parents, and educators.
How Districts Are Run
Every independent school district in Texas is governed by an elected board of trustees. The board operates as a corporate body with broad authority to oversee operations, hold and dispose of property, adopt rules and bylaws, and hire a superintendent to manage day-to-day work.1State of Texas. Education Code Chapter 11 – School Districts Any power the statute doesn’t assign to the TEA or SBOE sits with the local board, which means trustees generally have the final word on district policy.
The superintendent serves as chief executive, implementing board policy, managing personnel, and keeping the district in line with state and federal mandates. That authority flows from the board, so the superintendent operates within whatever policies the trustees have set.
The TEA watches district governance and can investigate when something goes wrong. Texas Education Code 39.003 authorizes the Commissioner of Education to order special investigations into financial irregularities, academic data manipulation, or governance failures.2Texas Education Agency. Special Investigation Procedures If problems are severe enough, the Commissioner can appoint a conservator or replace the entire elected board with an appointed board of managers.3State of Texas. Texas Education Code 39A.002 – Authorized Commissioner Actions The 2023 state takeover of Houston ISD is the most prominent recent use of that authority.
How Schools Are Funded
Texas public schools draw revenue from three sources: state allocations, local property taxes, and federal grants. The state’s share flows through the Foundation School Program (FSP), which calculates each district’s entitlement based on student enrollment, program participation, and local property wealth. Tier One covers basic instructional costs. Tier Two provides supplemental funding for enrichment.
Districts whose local property tax revenue exceeds their FSP entitlement must send the excess back to the state under Texas Education Code 48.257, a mechanism known as “recapture” or the “Robin Hood” plan.4Texas Education Agency. Excess Local Revenue That money is redistributed through the FSP. Every recapture-eligible district currently pays directly to the state.5Texas Education Agency. Excess Local Revenue Recapture One-Pager – Feb 2025
The FSP also adjusts for student demographics. Districts serving students with disabilities receive additional weighted funding under Texas Education Code 48.102, which multiplies the basic allotment by an intensity-of-service weight set by the Legislature.6State of Texas. Texas Education Code 48.102 – Special Education Similar weighted formulas apply to bilingual education and economically disadvantaged students.
Federal money adds to the pot but comes with compliance strings. Title I funds under the Every Student Succeeds Act (ESSA) support schools with high concentrations of low-income students, and the Individuals with Disabilities Education Act (IDEA) funds special education services. Districts using Title I money must demonstrate their allocation method is “Title I neutral,” meaning state and local funds are distributed to schools without regard to whether those schools receive federal aid. Misusing federal grants or failing to maintain consistent financial support for special education, known as the Maintenance of Effort requirement, can trigger penalties or loss of funding.
Attendance and Truancy Rules
Texas requires school attendance for every child at least six years old who has not yet turned 19, under the compulsory attendance law in Texas Education Code 25.085.7State of Texas. Education Code Chapter 25 – Admission, Transfer, and Attendance Children younger than six who have previously enrolled in first grade are also covered. Parents are legally responsible for making sure their child attends.
Schools must track and report absences. Under Texas Education Code 25.087, a district must excuse absences for specific purposes including religious observances, required court appearances, citizenship paperwork, naturalization ceremonies, and serving as an election clerk. Beyond those mandatory categories, schools have discretion to excuse absences for other reasons acceptable to the teacher, principal, or superintendent.
Attendance also governs course credit. The “90% rule” in Texas Education Code 25.092 says a student must attend at least 90% of the days a class is offered during a semester to receive credit.8Texas Education Agency. TAA Correspondence Item – Section: 25.092 and 11.158 (Ninety Percent Rule; Fees) Students who fall below that threshold can appeal to an attendance committee, which decides whether credit can be recovered through tutoring or additional coursework.
Before a district can refer a student to truancy court, Texas Education Code 25.0915 requires specific intervention steps. The district must adopt a truancy intervention and prevention plan with a process for identifying truant students, notifying parents, and providing services.9State of Texas. Texas Education Code 25.0915 – Truancy Intervention and Prevention Before any court referral, the school must hold a conference with the student and parent, then develop and implement a behavior improvement plan. Both the student and parent receive a copy.
What Students Must Learn and Pass
The SBOE sets the academic standards that every Texas public school must teach, called the Texas Essential Knowledge and Skills (TEKS). The TEKS cover mathematics, science, English language arts, and social studies, plus enrichment areas like health, fine arts, and career and technical education.10Texas Legislature Online. Bill Analysis – Senate Research Center S.B. 205 The SBOE periodically revises the TEKS, and those revisions routinely draw public debate over content choices in history and science.
To earn a diploma, students must complete the Foundation High School Program under Texas Education Code 28.025, which requires a minimum of 22 credits. Students can go further by pursuing endorsements in STEM, business and industry, public services, arts and humanities, or multidisciplinary studies.
Texas measures proficiency through end-of-course (EOC) assessments required under Texas Education Code 39.023. The current EOCs cover Algebra I, biology, English I, and U.S. History.11State of Texas. Education Code Chapter 39 – Public School System Accountability Students in the Foundation High School Program must achieve satisfactory performance on each EOC exam administered to them. The 89th Legislature’s HB 2, passed in 2025, also directed the TEA to develop beginning-of-year, middle-of-year, and end-of-year assessments in reading, math, social studies, and science.
Rules for Teachers
No one can teach in a Texas public school without a valid certificate or permit from the State Board for Educator Certification (SBEC). That requirement, in Texas Education Code 21.003, applies to teachers, librarians, counselors, educational diagnosticians, administrators, and educational aides.12State of Texas. Texas Education Code 21.003 – Certification Required Getting certified means completing an approved educator preparation program, passing the appropriate Texas Examinations of Educator Standards (TExES), and clearing a criminal background check.
Certification isn’t permanent. Standard certificates must be renewed every five years, and renewal depends on completing continuing professional education (CPE) hours.13Texas Education Agency. Standard Certificate Renewal and Continuing Professional Education (CPE) Information The required training varies by role. Superintendents, for example, must complete at least 2.5 hours every five years on identifying and reporting potential victims of sexual abuse, human trafficking, and child maltreatment.14Texas Education Agency. Texas Education Code 21.054 – Continuing Education Letting CPE lapse can result in certification suspension or revocation.
The SBEC also disciplines the profession. It can investigate misconduct complaints, impose sanctions, and permanently revoke certification for serious offenses like inappropriate relationships with students or financial fraud.15Texas Education Agency. Texas Education Code 21.031 – Purpose
Texas does not automatically recognize teaching certificates from other states. An educator certified elsewhere must apply for a Review of Credentials through the TEA, submitting their out-of-state certificate, official transcripts, and the required fee.16Texas Education Agency. Out-of-State Certified Educators As of 2025, House Bill 1178 requires that the out-of-state certificate be both valid and active when the application is received. Processing can take up to 20 business days, and applicants may need to pass additional Texas exams unless they qualify for an exemption based on comparable certification and experience.
Rights for Students With Disabilities
Students with disabilities in Texas are entitled to a free appropriate public education (FAPE) under both IDEA and the Texas Education Code. Eligibility starts at birth for students with visual impairments, hearing impairments, or deaf-blindness, and at age three for children with developmental delays. Coverage runs through age 21.17State of Texas. Texas Education Code 29.003 – Eligibility Criteria
Each eligible student receives an Individualized Education Program (IEP), developed by an Admission, Review, and Dismissal (ARD) committee made up of educators, specialists, and the student’s parents. The ARD committee sets goals, determines services and accommodations, and decides placement. Services must be delivered in the least restrictive environment, meaning students with disabilities learn alongside non-disabled peers to the greatest extent appropriate. Failing to implement an IEP properly can lead to due process hearings and formal complaints filed with the TEA.
Not every student with a disability qualifies under IDEA. Section 504 of the federal Rehabilitation Act uses a broader definition, and students who don’t meet IDEA’s 13 disability categories may still be eligible for a 504 plan. A 504 plan provides classroom accommodations like extra time on tests, preferential seating, or modified assignments, without the full scope of an IEP. Any school that receives federal funding must identify and accommodate 504-eligible students.
Bilingual and ESL Requirements
Any district enrolling 20 or more emergent bilingual students in the same grade level who share a language classification must offer a bilingual education program, starting in kindergarten through the elementary grades. These programs deliver instruction in both English and the student’s home language.18State of Texas. Texas Education Code 29.053 – Establishment of Bilingual Education and Special Language Programs
If a district doesn’t meet the 20-student threshold, it must still provide English as a Second Language (ESL) instruction. ESL programs focus on intensive English language development and are required regardless of grade level, home language, or the number of students involved. Schools assess language proficiency through the Texas English Language Proficiency Assessment System (TELPAS) and can only exit students from the program once they demonstrate sufficient English fluency.
Parent and Student Privacy Rights
Two layers of law protect student records in Texas: the federal Family Educational Rights and Privacy Act (FERPA) and the Texas Education Code’s parental rights provisions in Chapter 26.
Under FERPA, parents have the right to inspect and review their child’s education records, and schools must grant access within 45 days of a request.19Office of the Law Revision Counsel. 20 U.S. Code 1232g – Family Educational and Privacy Rights If a parent believes a record is inaccurate or misleading, they can request an amendment, and if the school refuses, the parent is entitled to a formal hearing. Schools generally cannot release personally identifiable student information without written parental consent. Exceptions exist for transfers between schools, certain law enforcement requests, and directory information (name, address, phone number), provided the school has notified parents of their right to opt out of directory disclosures.
Texas law goes further. Chapter 26 gives parents access to a detailed list of records including attendance, test scores, grades, disciplinary records, counseling and psychological records, medical records, and reports of behavioral patterns.20State of Texas. Education Code Chapter 26 – Parental Rights and Responsibilities A 2025 amendment added library checkout records. Parents can also review all teaching materials, instructional materials, and tests used in their child’s classroom, and observe virtual instruction to the same extent they could observe in-person teaching.
Homeless Student Protections
The federal McKinney-Vento Act requires Texas schools to immediately enroll any student experiencing homelessness, even without previous academic records, immunization documentation, proof of residency, or other paperwork typically required for enrollment.21Office of the Law Revision Counsel. 42 U.S.C. Chapter 119 Subchapter VI Part B – Education for Homeless Children and Youths “Homeless” covers living doubled up with another family, in a shelter, motel, car, or campground, or in any place not designed for regular sleeping.
Students in these situations have the right to remain in their school of origin for the rest of the academic year even if they move to a different attendance zone, and the district must provide transportation. Each district must also designate a liaison who helps homeless families with enrollment, immunizations, and services.
Discipline Rules
Texas Education Code Chapter 37 requires every district to adopt a Student Code of Conduct that spells out prohibited behavior and the consequences for each type of offense. Districts have broad discretion in shaping their policies, with common disciplinary measures running from detention and in-school suspension to out-of-school suspension.22Justia Law. Texas Education Code Chapter 37 – Discipline; Law and Order Students with disabilities receive additional procedural safeguards before any removal from their regular placement.
For serious offenses like drug possession, assault, certain weapons violations, or repeated misconduct, students can be placed in a Disciplinary Alternative Education Program (DAEP). Expulsion is reserved for the most severe violations, such as bringing a firearm to school. Before imposing either measure, schools must follow due process requirements including hearings and parental notification.
Texas is one of a handful of states that still permits corporal punishment in public schools. Under Texas Education Code 37.0011, a district’s board of trustees may adopt a policy allowing physical discipline as a disciplinary tool.23Texas Public Law. Texas Education Code 37.0011 – Use of Corporal Punishment The law distinguishes corporal punishment from physical activity associated with athletics or PE and from authorized physical restraint of students with disabilities. Whether a district actually uses it depends on local board policy.
School Safety Requirements
Every Texas school district must adopt and implement a multihazard emergency operations plan covering mitigation, preparedness, response, and recovery. Under Texas Education Code 37.108, the plan must address employee emergency training, mandatory safety drills, and coordination with local law enforcement, fire departments, and health agencies.24Texas Department of Insurance. Texas Education Code Title 2, Chapter 37, Subchapter D – Protection of Buildings and Grounds Districts must also conduct a safety and security audit and review their plans at least annually. The TEA has issued separate guidelines to ensure emergency plans account for students and staff with disabilities.
Districts have several options for on-campus security. Under Texas Education Code 37.081, a board of trustees can hire security personnel, enter into agreements with local law enforcement for school resource officers, contract with licensed security firms, or commission its own peace officers.25Texas Legislature Online. 89(R) HB 1064 – Introduced Version – Bill Text The School Marshal Program, created under Texas Education Code 37.0811 after the Sandy Hook shooting, allows trained and licensed staff members to carry concealed firearms on campus. A 2017 amendment doubled the allowed number of marshals from one per 400 students to one per 200 students per campus.26Senate Research Center. H.B. 867 Bill Analysis The Texas School Safety Center monitors compliance and provides guidance.
Library Material Standards
Texas enacted House Bill 900, the READER Act, in 2023 to set statewide standards for school library collections. The law requires every district to adopt a collection development policy that bars sexually explicit material from school libraries and prohibits material that is “pervasively vulgar or educationally unsuitable.”27Texas Legislature Online. 88(R) HB 900 – Enrolled Version – Bill Text Library material vendors must rate content, and material rated “sexually relevant” can only be checked out by a student if the district first obtains written parental consent.
The law builds in two protections against viewpoint censorship. Districts cannot remove material based solely on the ideas it contains, and they cannot remove books because of the personal background of the author or characters. Every other January, each district must review all library materials vendors have rated sexually relevant, decide whether to keep them, and publish a report of those decisions on its website or make physical copies available at the central office. The READER Act has faced First Amendment challenges in federal court, with litigation ongoing as of 2026.