November 2021 Committee on School Initiatives Item 2
Approval of Applicability of State Statute to Special Purpose School Districts
November 19, 2021
COMMITTEE ON SCHOOL INITIATIVES: ACTION
STATE BOARD OF EDUCATION: CONSENT
SUMMARY: This item provides an opportunity for the committee and board to consider and approve an updated list by section of the Texas Education Code (TEC), Title I and Title II, and recommendations regarding which sections of the code should apply or not apply to the operations of Texas Tech University K-12 and The University of Texas at Austin High School.
STATUTORY AUTHORITY: Texas Education Code (TEC), §11.351.
TEC, §11.351 permits the State Board of Education (SBOE) on the recommendation of the commissioner and after consulting with the school districts involved and obtaining the approval of a majority of those districts in each affected county in which a proposed school district is located, to establish a special-purpose school district for the education of students in special situations whose educational needs are not adequately met by regular school districts. The SBOE is permitted to impose duties or limitations on the school district as necessary for the special purpose of the district.
The SBOE is required to grant to the districts the right to share in the available school fund apportionment and other privileges as are granted to independent and common school districts.
The full text of statutory citations can be found in the statutory authority section of this agenda.
BACKGROUND INFORMATION AND JUSTIFICATION: This item provides an opportunity for the board to consider and approve an updated list by section of the Texas Education Code (TEC), Title I and Title II, and recommendations regarding which sections of the code should apply or not apply to the operations of Texas Tech University K-12 and The University of Texas at Austin High School.
In September 2020, the SBOE adopted 19 TAC §61.101 to outline applicability of state law for special purpose school districts. Section 61.101(k) requires each special purpose school district to submit to the SBOE by September 1 of each odd-numbered year an updated list by section of the TEC, Title I and Title II, with recommendations regarding which sections of the code should apply or not apply to the operations of its schools. The submission must compare the recommendations to the list last provided to the SBOE.
MOTION TO BE CONSIDERED: The State Board of Education:
Approve the recommendations from Texas Tech University K-12 and The University of Texas at Austin High School regarding sections of the Texas Education Code that should apply or not apply to the operations of their special purpose districts.
Staff Member Responsible:
Monica Martinez, Associate Commissioner, Standards and Support Services
Separate Exhibit:
Recommendations from Texas Tech University K-12 and The University of Texas at Austin High School regarding sections of the Texas Education Code that should apply or not apply to the operations of their special purpose districts.
(to be provided at the November 2021 SBOE meeting)