BAA(LEGAL) - BOARD LEGAL STATUS: POWERS AND DUTIES
Note: This policy addresses many of the powers and duties of the board set forth in Education Code Chapter 11, Subchapter D. For other powers and duties of the board not listed below, see the applicable policy codes.
A district is governed by a board of trustees who, as a body corporate, shall oversee the management of the district and ensure that the superintendent implements and monitors plans, procedures, programs, and systems to achieve appropriate, clearly defined, and desired results in the major areas of district operations. Education Code 11.051(a)
General Powers and Duties
The trustees constitute a body corporate and in the name of the district may acquire and hold real and personal property, sue and be sued, and receive bequests and donations or other moneys or funds coming legally into their hands.
Except as provided by Education Code 39A.201 and 39A.202 [see AIC], the trustees as a body corporate have the exclusive power and duty to govern and oversee the management of the public schools of the district. All powers and duties not specifically delegated by statute to the Texas Education Agency (TEA) or the State Board of Education are reserved for the board, and TEA may not substitute its judgment for the lawful exercise of those powers and duties by the trustees.
The trustees may adopt rules and bylaws necessary to carry out these powers and duties.
Education Code 11.151(a), (b), (d)
Specific Powers and Duties
In addition to powers and duties under Education Code 11.151 above or other law, the board has the powers and duties provided by Education Code 11.1511(b) below, except as otherwise provided by Education Code 39A.201 or 39A.202. Education Code 11.1511(a)
The board shall:
- Seek to establish working relationships with other public entities to make effective use of community resources and to serve the needs of public school students in the community.
- Adopt a vision statement and comprehensive goals for the district and the superintendent, and monitor progress toward those goals. [See AE]
- Establish performance goals for the district concerning the academic and fiscal performance indicators under Education Code Chapter 39, Subchapters C, D, and J, and any performance indicators adopted by the district. [See AI series]
- Provide oversight regarding student academic achievement and strategic leadership for maximizing student performance. Education Code 11.1515 [See AIB]
- Ensure that the superintendent is accountable for achieving performance results, recognizes performance accomplishments, and takes action as necessary to meet performance goals. [See BJA]
- Collaborate with the superintendent as set forth at Education Code 11.1512(b). Education Code 11.1512 [See BJA]
- Adopt a policy to establish a district- and campus-level planning and decision-making process as required under Education Code 11.251. [See BQ series]
- Publish an annual educational performance report as required under Education Code 39.306. [See AIB, BQ series]
- Adopt an annual budget for the district as required under Education Code 44.004. [See CE]
- Adopt a tax rate each fiscal year as required by Tax Code 26.05. [See CCG]
- Monitor district finances to ensure that the superintendent is properly maintaining the district's financial procedures and records. [See CF series]
- Ensure that district fiscal accounts are audited annually as required by Education Code 44.008. [See CFC]
- Publish an end-of-year financial report for distribution to the community. [See CFA]
- Conduct elections as required by law. [See BBB series]
- By rule, adopt a process through which district personnel, students or the parents or guardians of students, and members of the public may obtain a hearing from the district administrators and the board regarding a complaint. [See DGBA, FNG, and GF]
- Make decisions relating to terminating the employment of district employees employed under a contract to which Education Code Chapter 21 applies, including terminating or not renewing an employment contract to which that chapter applies. [See DF series]
- Select the internal auditor if a district employs an internal auditor. The internal auditor shall report directly to the board. Education Code 11.170 [See DC]
- Adopt a policy providing for the employment and duties of district personnel. Education Code 11.1513 [See BJ series, DC series, and DEA series]
- Limit redundant requests for information and the number and length of written reports that a classroom teacher is required to prepare. The board shall review paperwork requirements imposed on classroom teachers and transfer to existing noninstructional staff a reporting task that can reasonably be accomplished by that staff. Education Code 11.164 [See DLB]
- Adopt a cybersecurity policy. Education Code 11.175 [See CQB]
- Adopt early childhood literacy and mathematics proficiency plans. Education Code 11.185 [See EA]
- Adopt college, career, and military readiness plans. Education Code 11.186 [See EA]
- Conduct an efficiency audit before seeking voter approval to adopt a tax rate for the maintenance and operations of the district at an election held for that purpose. Education Code 11.184 [See CCG]
- Carry out other powers and duties as provided by the Education Code or other law.
Education Code 11.1511(b), except as noted
Discretionary Powers and Duties
The board may:
- Issue bonds and levy, pledge, assess, and collect an annual ad valorem tax to pay the principal and interest on the bonds as authorized under Education Code 45.001 and 45.003. Education Code 11.1511(c)(1) [See CCA]
- Levy, assess, and collect an annual ad valorem tax for maintenance and operation of a district as authorized under Education Code 45.002 and 45.003. Education Code 11.1511(c)(2) [See CCG]
- Employ a person to assess or collect the district's taxes as authorized under Education Code 45.231. Education Code 11.1511(c)(3) [See CCG and BDAF]
- Enter into contracts as authorized under the Education Code or other law and delegate contractual authority to a superintendent as appropriate. Education Code 11.1511(c)(4)
- Require a district's chief business official or curriculum director or a person holding an equivalent position to appear at an executive session of the board or to testify at a public hearing held by the board. Education Code 11.1511(d) [See BJA regarding prohibition of superintendent interference]
- Contract with a public or private entity for that entity to provide educational services for the district. Education Code 11.157 [See EEL]
- Charge fees as set forth at Education Code 11.158. Education Code 11.158 [See FP]
- Change the name of the district. Education Code 11.160 [See AB]
- Adopt rules that require students at a school in the district to wear school uniforms as set forth at Education Code 11.162. Education Code 11.162 [See FNCA]
- Adopt rules to keep school campuses, including school libraries, open for recreational activities, latchkey programs, and tutoring after school hours. Education Code 11.165
- Operate a school or program or hold a class on the campus of an institution of higher education as set forth at Education Code 11.166. Education Code 11.166 [See GNC]
- Operate a school or program, including an extracurricular program, or hold a class outside the boundaries of the district. Education Code 11.167 [See GNA]
- Use the board evaluation tool developed by the commissioner of education. Education Code 11.182 [See BG]
Note: For restrictions on a board's authority to use district resources for certain purposes, see CE(LEGAL).
For the board's authority related to district property, see CDB and CI.