June 2024 Committee on School Initiatives Item 2

Discussion of the State Board of Education's Oversight of Special-Purpose School Districts

June 27, 2024

COMMITTEE ON SCHOOL INITITAIVES: DISCUSSION
STATE BOARD OF EDUCATION: NO ACTION

SUMMARY: This item provides an opportunity for the committee to discuss the State Board of Education's (SBOE's) oversight of special-purpose school districts.

STATUTORY AUTHORITY: Texas Education Code (TEC), §11.351 and §11.352.

TEC, §11.351, grants the SBOE the authority to establish special-purpose school districts for the education of students in special situations whose educational needs are not adequately met by regular school districts.

TEC, §11.352, requires the SBOE to appoint a board of three or five trustees for each special-purpose school districts. It also requires to the SBOE to adopt rules for the governance of special-purpose school districts.

The full text of statutory citations can be found in the statutory authority section of this agenda.

FUTURE ACTION EXPECTED: A proposed revision to 19 Texas Administrative Code (TAC) Chapter 61 may be presented for first reading and filing authorization at a future SBOE meeting.

BACKGROUND INFORMATION AND JUSTIFICATION: TEC, §11.351, grants the SBOE the authority to establish special-purpose school districts for the education of students in special situations whose educational needs are not adequately met by regular school districts. TEC, §11.352, requires the SBOE to appoint a board of three or five trustees for each special-purpose school district established under TEC, §11.351. Additionally, TEC, §11.352, requires the SBOE to adopt rules for the governance of special-purpose school districts. In the absence of rules adopted for this purpose, the laws applicable to independent school districts apply to special-purpose school districts. The SBOE has adopted three rules in 19 TAC Chapter 61 related to the operation of special-purpose school districts: §61.2, Nomination of Trustees for Military Reservation School Districts and Boys Ranch Independent School District; §61.101, Applicability of State Law for Special Purpose School Districts; and §61.111, Applicability of State Law to Boys Ranch Independent School District.

Staff Members Responsible:
Steve Lecholop, Deputy Commissioner, Governance
Christopher Lucas, Director, Policy, Planning, and Operations, Governance