EDUCATION CODE TITLE 1. GENERAL PROVISIONS CHAPTER
EDUCATION CODETITLE 1. GENERAL PROVISIONSCHAPTER 1. GENERAL PROVISIONSSec. 1.001. APPLICABILITY. (a) This code applies to alleducational institutions supported in whole or in part by state taxfunds unless specifically excluded by this code.(b) Except as provided by Chapter 18, Chapter 19, Subchapter Aof Chapter 29, Subchapter E of Chapter 30, or Chapter 30A, this codedoes not apply to students, facilities, or programs under thejurisdiction of the Department of Aging and Disability Services, theDepartment of State Health Services, the Health and Human ServicesCommission, the Texas Juvenile Justice Department, the TexasDepartment of Criminal Justice, a Job Corps program operated by orunder contract with the United States Department of Labor, or anyjuvenile probation agency.Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.Amended by:Acts 2005, 79th Leg., Ch. 377 (S.B. 1395), Sec. 2, eff. June 17,2005.Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 1, eff.September 1, 2009.Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 19, eff.September 1, 2015.Sec. 1.002. EQUAL EDUCATIONAL SERVICES OR OPPORTUNITIES. (a)An educational institution undertaking to provide education,services, or activities to any individual within the jurisdiction orgeographical boundaries of the educational institution shall provideequal opportunities to all individuals within its jurisdiction orgeographical boundaries pursuant to this code.(b) An educational institution may not deny services to anyindividual eligible to participate in a school district's specialeducation program as provided by Section 29.003, but the educationalinstitution shall provide individuals with disabilities specialeducational services as authorized by law or, where expresslyauthorized, assist in and contribute toward the provision ofappropriate special educational services in cooperation with othereducational institutions and other appropriate agencies,institutions, or departments.Statute text rendered on: 4/7/2021- 1 -
EDUCATION CODEAdded by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.Sec. 1.003. THE FLYING OF THE UNITED STATES AND TEXAS FLAGS.On all regular school days, every school and other educationalinstitution to which this code applies shall fly the United Statesand Texas flags.Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.Sec. 1.004. DISPLAY OF NATIONAL MOTTO. A public elementary orsecondary school or an institution of higher education as defined bySection 61.003 may display the United States national motto, "In GodWe Trust," in each classroom, auditorium, and cafeteria.Added by Acts 2003, 78th Leg., ch. 412, Sec. 1, eff. June 20, 2003.Sec. 1.005. EDUCATION RESEARCH CENTERS. (a) In this section:(1) "Center" means a center for education researchauthorized by this section.(1-a) "Cooperating agencies" means the Texas EducationAgency, the Texas Higher Education Coordinating Board, and the TexasWorkforce Commission.(2) "Coordinating board" means the Texas Higher EducationCoordinating Board.(b) The coordinating board shall establish not more than threecenters for education research to conduct studies or evaluationsusing the data described by this section.(c) A center must be established as part of a public juniorcollege, public senior college or university, or public statecollege, as those terms are defined by Section 61.003, or aconsortium of those institutions. The coordinating board shallsolicit requests for proposals from appropriate institutions toestablish centers under this section and shall select one or moreinstitutions to establish each center based on criteria adopted bythe coordinating board.(d) A center must be operated under an agreement between thecoordinating board and the governing board of each institutiondescribed by Subsection (c) operating or participating in theStatute text rendered on: 4/7/2021- 2 -
EDUCATION CODEoperation of the center. The agreement must provide for theoperation of the center, so long as the center meets contractual andlegal requirements for operation, for a 10-year period.(e) A center shall conduct education and workforce preparationstudies or evaluations for the benefit of this state, includingstudies or evaluations relating to:(1) the impact of local, regional, state, and federalpolicies and programs, including an education program, intervention,or service at any level of education from preschool throughpostsecondary education;(2) the performance of educator preparation programs;(3) public school finance; and(4) the best practices of school districts with regard toclassroom instruction, bilingual education programs, special languageprograms, and business practices.(f) Any cooperating agency may request a center to conductcertain studies or evaluations considered of particular importance tothe state, as determined by the cooperating agency, if thecooperating agency provides to the center sufficient funds to financethe study or evaluation.(g) A center shall comply with rules adopted by the advisoryboard established under Section 1.006 to protect the confidentialityof information used or stored at the center in accordance withapplicable state and federal law, including rules establishingprocedures to ensure that confidential information is not duplicatedor removed from a center in an unauthorized manner.(g-1) In conducting studies or evaluations under this section,a center:(1) may use student and educator data, including data thatis confidential if permitted under the Family Educational Rights andPrivacy Act of 1974 (20 U.S.C. Section 1232g), that the center hascollected from a cooperating agency or any other agency, a public orprivate institution of higher education, a school district, aprovider of services to a school district or public or privateinstitution of higher education, or an entity explicitly named in anapproved research project of the center;(2) shall comply with state and federal law governing theconfidentiality of student information and shall provide for thereview of all study and evaluation results to ensure compliance withthose laws and any rules adopted or regulatory guidance issued underStatute text rendered on: 4/7/2021- 3 -
EDUCATION CODEthose laws;(3) may provide researchers access to shared data onlythrough secure methods and require each researcher to execute anagreement regarding compliance with the Family Educational Rights andPrivacy Act of 1974 (20 U.S.C. Section 1232g) and rules adopted underthat Act; and(4) shall conduct regular security audits and report theaudit results to the coordinating board and the advisory boardestablished under Section 1.006.(h) The cooperating agencies and the educational institution orinstitutions operating a center may accept gifts and grants to beused for the purposes of this section. The educational institutionor institutions operating a center may impose reasonable charges, asappropriate, for the use of a center's research, resources, orfacilities.(i) This section does not authorize the disclosure of studentinformation that may not be disclosed under the Family EducationalRights and Privacy Act of 1974 (20 U.S.C. Section 1232g).(j) The cooperating agencies shall execute agreements for thesharing of data for the purpose of facilitating the studies orevaluations at education research centers described by this section.In accordance with the agreements, each cooperating agency shall makeavailable all appropriate data, including to the extent possible datacollected by the cooperating agency for the preceding 20 years. Acooperating agency shall periodically update the data as additionaldata is collected, but not less than once each year.(j-1) In accordance with an agreement under Subsection (j), thecoordinating board shall maintain the data contributed by thecooperating agencies in a repository to be known as the P20/Workforce Data Repository. The repository shall be operated by thecoordinating board. As provided by the agreement, the coordinatingboard shall include other data in the repository, including data fromcollege admission tests and the National Student Clearinghouse. Thecoordinating board shall conduct data matching using a protocolapproved by the cooperating agencies.(j-2) The coordinating board may enter into data agreements fordata required for approved studies or evaluations with the stateeducation agency of another state, giving priority to the agencies ofthose states that send the highest number of postsecondary educationstudents to this state or that receive the highest number ofStatute text rendered on: 4/7/2021- 4 -
EDUCATION CODEpostsecondary education students from this state. An agreement underthis subsection must be reviewed by the United States Department ofEducation and must require the agency of another state to comply withall data security measures required of a center. The coordinatingboard may also enter into data agreements with local agencies ororganizations that provide education services to students in thisstate or that collect data that is relevant to current or formerstudents of public schools in this state and is useful to the conductof research that may benefit education in this state.(k) In implementing this section, a cooperating agency may usefunds appropriated to the cooperating agency and available for thepurpose of establishing the centers. After a center is established,the center must be funded by gifts and grants accepted under thissection or charges imposed under Subsection (h).(l) Notwithstanding another provision of this section, acooperating agency must establish procedures that protectconfidential information provided to a center by a cooperatingagency.Added by Acts 2006, 79th Leg., 3rd C.S.,eff. May 31, 2006.Amended by:Acts 2013, 83rd Leg., R.S., Ch. 465June 14, 2013.Acts 2013, 83rd Leg., R.S., Ch. 465June 14, 2013.Acts 2013, 83rd Leg., R.S., Ch. 465June 14, 2013.Ch. 5 (H.B. 1), Sec. 2.01,(H.B. 2103), Sec. 1, eff.(H.B. 2103), Sec. 2, eff.(H.B. 2103), Sec. 3, eff.Sec. 1.006. EDUCATION RESEARCH CENTER ADVISORY BOARD. (a) Thecommissioner of higher education shall create, chair, and maintain anadvisory board for the purpose of reviewing study or evaluationproposals and ensuring appropriate data use under Section 1.005,including compliance with applicable state and federal laws governinguse of and access to the data.(b) The advisory board is considered to be a governmental bodyfor purposes of Chapters 551 and 552, Government Code.(c) The membership of the advisory board must include:(1) a representative of the Texas Higher EducationStatute text rendered on: 4/7/2021- 5 -
EDUCATION CODECoordinating Board, designated by the commissioner of highereducation;(2) a representative of the Texas Education Agency,designated by the commissioner of education;(3) a representative of the Texas Workforce Commission,designated by the commission;(4) the director of each education research center or thedirector's designee; and(5) a representative of preschool, elementary, or secondaryeducation.(d) Each study or evaluation conducted at a center underSection 1.005 must be approved in advance by majority vote of theadvisory board. A center may submit to the advisory board a proposaldeveloped by any qualified researcher, including a researcher fromanother educational institution, a graduate student, a P-16 Councilrepresentative, or another researcher proposing research to benefiteducation in this state. In determining whether to approve a proposedstudy or evaluation, the advisory board must:(1) consider the potential of the proposed research tobenefit education in this state;(2) require each center director or designee to review andapprove the proposed research design and methods to be used in theproposed study or evaluation; and(3) consider the extent to which the data required tocomplete the proposed study or evaluation is not readily availablefrom other data sources.(e) The advisory board shall meet at least quarterly. To theextent and in the manner authorized by Chapter 551, Government Code,any meeting of the advisory board may be conducted by electronicmeans, including a meeting by telephone conference call, by videoconference call, through the Internet, or by any combination of thosemeans.(f) The advisory board may create committees and subcommitteesthat the advisory board determines are convenient or necessary.Added by Acts 2013, 83rd Leg., R.S., Ch. 465 (H.B. 2103), Sec. 4, eff.June 14, 2013.Amended by:Acts 2015, 84th Leg., R.S., Ch. 306 (S.B. 685), Sec. 1, eff.September 1, 2015.Statute text rendered on: 4/7/2021- 6 -
EDUCATION CODETITLE 2. PUBLIC EDUCATIONSUBTITLE A. GENERAL PROVISIONSCHAPTER 4. PUBLIC EDUCATION MISSION, OBJECTIVES, AND GOALSSec. 4.001. PUBLIC EDUCATION MISSION AND OBJECTIVES. (a) Themission of the public education system of this state is to ensurethat all Texas children have access to a quality education thatenables them to achieve their potential and fully participate now andin the future in the social, economic, and educational opportunitiesof our state and nation. That mission is grounded on the convictionthat a general diffusion of knowledge is essential for the welfare ofthis state and for the preservation of the liberties and rights ofcitizens. It is further grounded on the conviction that a successfulpublic education system is directly related to a strong, dedicated,and supportive family and that parental involvement in the school isessential for the maximum educational achievement of a child.(b) The objectives of public education are:OBJECTIVE 1: Parents will be full partners with educators inthe education of their children.OBJECTIVE 2: Students will be encouraged and challenged to meettheir full educational potential.OBJECTIVE 3: Through enhanced dropout prevention efforts, allstudents will remain in school until they obtain a high schooldiploma.OBJECTIVE 4: A well-balanced and appropriate curriculum will beprovided to all students. Through that curriculum, students will beprepared to succeed in a variety of postsecondary activities,including employment and enrollment in institutions of highereducation.OBJECTIVE 5: Educators will prepare students to be thoughtful,active citizens who have an appreciation for the basic values of ourstate and national heritage and who can understand and productivelyfunction in a free enterprise society.OBJECTIVE 6: Qualified and highly effective personnel will berecruited, developed, and retained.OBJECTIVE 7: The state's students will demonstrate exemplaryperformance in comparison to national and international standards.OBJECTIVE 8: School campuses will maintain a safe anddisciplined environment conducive to student learning.Statute text rendered on: 4/7/2021- 7 -
EDUCATION CODEOBJECTIVE 9: Educators will keep abreast of the development ofcreative and innovative techniques in instruction and administrationusing those techniques as appropriate to improve student learning.OBJECTIVE 10: Technology will be implemented and used toincrease the effectiveness of student learning, instructionalmanagement, staff development, and administration.OBJECTIVE 11: The State Board of Education, the agency, and thecommissioner shall assist school districts and charter schools inproviding career and technology education to students.Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.Amended by Acts 2003, 78th Leg., ch. 82, Sec. 1, eff. Sept. 1, 2003.Amended by:Acts 2017, 85th Leg., R.S., Ch. 405 (H.B. 136), Sec. 1, eff. June1, 2017.Sec. 4.002. PUBLIC EDUCATION ACADEMIC GOALS. To serve as afoundation for a well-balanced and appropriate education:GOAL 1: The students in the public education system willdemonstrate exemplary performance in the reading and writing of theEnglish language.GOAL 2: The students in the public education system willdemonstrate exemplary performance in the understanding ofmathematics.GOAL 3: The students in the public education system willdemonstrate exemplary performance in the understanding of science.GOAL 4: The students in the public education system willdemonstrate exemplary performance in the understanding of socialstudies.Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.CHAPTER 5. DEFINITIONSSec. 5.001. DEFINITIONS. In this title:(1) "Agency" means the Texas Education Agency.(1-a) "Child who is homeless," "person who is homeless,"and "student who is homeless" have the meaning assigned to the term"homeless children and youths" under 42 U.S.C. Section 11434a.(2) "Classroom teacher" means an educator who is employedStatute text rendered on: 4/7/2021- 8 -
EDUCATION CODEby a school district and who, not less than an average of four hourseach day, teaches in an academic instructional setting or a careerand technology instructional setting. The term does not include ateacher's aide or a full-time administrator.(3) "Commissioner" means the commissioner of education.(4) "Educationally disadvantaged" means eligible toparticipate in the national free or reduced-price lunch programestablished under 42 U.S.C. Section 1751 et seq.(5) "Educator" means a person who is required to hold acertificate issued under Subchapter B, Chapter 21.(5-a) "Mental health condition" means a persistent orrecurrent pattern of thoughts, feelings, or behaviors that:(A) constitutes a mental illness, disease, or disorder,other than or in addition to epilepsy, substance abuse, or anintellectual disability; or(B) impairs a person's social, emotional, oreducational functioning and increases the risk of developing acondition described by Paragraph (A).(6) "Open-enrollment charter school" means a school thathas been granted a charter under Subchapter D, Chapter 12.(6-a) "Private school" means a school that:(A) offers a course of instruction for students in oneor more grades from prekindergarten through grade 12; and(B) is not operated by a governmental entity.(7) "Regional education service centers" means a system ofregional and educational services established in Chapter 8.(8) "Residential facility" means:(A) a facility operated by a state agency or politicalsubdivision, including a child placement agency, that provides 24hour custody or care of a person 22 years of age or younger, if theperson resides in the facility for detention, treatment, foster care,or any noneducational purpose; and(B) any person or entity that contracts with or isfunded, licensed, certified, or regulated by a state agency orpolitical subdivision to provide custody or care for a person underParagraph (A).(9) "Substance abuse" means a patterned use of a substance,including a controlled substance, as defined by Chapter 481, Healthand Safety Code, and alcohol, in which the person consumes thesubstance in amounts or with methods that are harmful to the person'sStatute text rendered on: 4/7/2021- 9 -
EDUCATION CODEself or to others.Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.Amended by Acts 1999, 76th Leg., ch. 396, Sec. 2.03, eff. Sept. 1,1999.Amended by:Acts 2007, 80th Leg., R.S., Ch. 1371 (S.B. 7), Sec. 1, eff. June15, 2007.Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 6, eff.September 1, 2017.Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.01, eff.December 1, 2019.Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.01, eff.June 10, 2019.Sec. 5.002. REFERENCES TO TEXTBOOK. In this title, a referenceto a textbook means instructional material, as defined by Section31.002.Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 1, eff.July 19, 2011.SUBTITLE B. STATE AND REGIONAL ORGANIZATION AND GOVERNANCECHAPTER 7. STATE ORGANIZATIONSUBCHAPTER A. GENERAL PROVISIONSSec. 7.001. DEFINITION. In this chapter, "board" means theState Board of Education.Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.Sec. 7.002. TEXAS EDUCATION AGENCY: COMPOSITION AND PURPOSE.(a) The commissioner of education and the agency staff comprise theTexas Education Agency.(b) The agency
secondary school or an institution of higher education as defined by . Agency, the Texas Higher Education Coordinating Board, and the Texas Workforce Commission. (2) "Coordinating board" means the Texas Higher Education . special language programs, and business practices. (
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Utah Code Page 1 Title 31A. Insurance Code Chapter 1 General Provisions Part 1 Purposes, Scope, and Application 31A-1-101 Short title. This title is known as the "Insurance Code." Enacted by Chapter 242, 1985 General Session 31A-1-102 Purposes. The purposes of the Insurance Code are to: (1) ensure the solidity of insurers doing business in Utah;
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