Running Head: SOURCES OF TEXAS EDUCATIONAL LAW 1

The Sources of Texas Educational Law

Mark A. Romine

Angelo State University

CI 6373 Educational Law

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The Sources of Texas Educational Law

Educational law is a compilation of laws and regulations that reaches from the local

school district to the Constitution of the United States and the U. S. Supreme Court. Walsh,

Kemerer, & Maniotis (2005) indicate there are four sources of law: constitutional, statutory,

administrative, and judicial. These laws include local, state, and federal levels of law-making

bodies. The following paragraphs will discuss the sources of law and provide examples of how

these laws have impacted Texas educational law.

Constitutional Law

The Constitution of the United States

The Constitution of the United States is the foundation of law in the country. It provides

for the rights of citizens and defines the limits to which federal and state governments may pass

laws. It also determines the functions of the branches of government—executive, legislative and

judicial. This foundation of law sets forth the rights of states to create their own laws including

educational law.

The Tenth Amendment ratified in 1791 states, “The powers not delegated to the United

States by the Constitution, nor prohibited by it to the States, are reserved to the States

respectively, or to the people” (Constitution of the united states). This amendment allows the

states to create laws that are not specifically addressed in the Constitution. It is from this

amendment that Texas was allowed to create its own constitution and establish laws concerning

education.

The Fourteenth Amendment of the Constitution has impacted educational law through its

language concerning “due process” and “equal protection under the laws” (Constitution of the

united states). These rights have led to court cases that have altered education law in Texas and
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the country. One notable case was “Brown v. Board of Education in 1954, ruling school

segregation unconstitutional” (Constitution of the united states). This amendment will be

discussed later in another section of this paper.

The Constitution of the State of Texas

The educational system of Texas was established by Article VII, §1 of the 1876

Constitution of Texas which states,

A general diffusion of knowledge being essential to the preservation of the liberties and

rights of the people, it shall be the duty of the Legislature of the State to establish and

make suitable provision for the support and maintenance of an efficient system of public

free schools (Constitution of the state of texas, 2009).

This article provided the basis for free public education and outlined a means for maintaining the

system through the additional sections.

Statutory Law

“Statutes are laws specifically passed by a governing body created for that purpose”

(Brown, Sukys, & Anderson, 1993, p. 14). These include laws passed by U. S. Congress, state

legislatures, city councils, and town meetings. State statutes may not conflict with the U. S.

Constitution or they will be declared void and null.

Federal Statutes

The U. S. Constitution places the responsibility of education on the states; however, the

government still plays a role in the education system through federal statutes. A number of

federal statutes directly affect the operation of public schools in Texas. Two of these federal

statutes are described below.

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“Title VI of the 1964 Civil Rights Act prohibits intentional discrimination with respect to

race, color, or national origin in federally assisted programs” (Walsh, Kemerer, & Maniotis,

2005, pp. 32-33). This law led to the desegregation of schools in the 1960’s and 70’s. It is still a

valid and critical component of a school district’s treatment of students in programs that receive

federal funding.

The Individuals with Disabilities Education Improvement Act of 2004 (IDEA) was

enacted by Congress in 1975 to provide children with disabilities the opportunity for a free

public education just like other children. The laws have been revised many times since 1975 with

the most recent revisions published in 2006 (IDEA—the individuals with disabilities education

act ). This law provides opportunities for students with disabilities that would otherwise have

been unavailable prior to its enactment.

State Statutes

The laws enacted by the Texas Legislature that affect education become part of the Texas

Education Code (TEC). The Texas Education Code establishes the responsibilities of the State

Board of Education (SBOE), Texas Education Agency (TEA), State Board for Educator

Certification (SBEC), and local school boards. In 1995, the legislature separated the SBOE from

TEA giving it a reduced role in the public education system (Walsh, Kemerer, & Maniotis,

2005). These changes led to more local control of the operation of schools.

The agencies created by the Texas Education Code are responsible for setting the

administrative or regulatory guidelines that school districts and educators must follow. This will

be discussed in the next section on Administrative Law.

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Administrative Law

Administrative laws are rules and regulations created by administrative or regulatory

agencies. Mentioned earlier, The Individuals with Disabilities Education Improvement Act of

2004 is a statutory law that is implemented by the administering agency, the Office of Special

Education Programs. This is merely one of the myriad of agencies of the federal government

given the responsibility of overseeing the implementation of federal statutory law.

On the state level, the State Board of Education is responsible for “adopting policies and

setting standards for educational programs” (SBOE history and duties). The SBOE oversees the

“Permanent School Fund, approves the creation of charter schools, and adopts regulations and

standards for the operation of adult education programs provided by public school districts,

junior colleges and universities” (SBOE history and duties). It also determines the passing scores

for state-mandated testing.

The Texas Education Agency works with the SBOE to maintain educational standards in

Texas schools. Some of the responsibilities of TEA are managing textbook adoptions,

developing curriculum, administering the testing program, collecting data, rating school districts,

and monitoring compliance with federal guidelines.

These agencies provide the rules and regulations that all school districts in the state must

follow. For example, the Texas Essential Knowledge and Skills (TEKS) are determined by these

agencies and must be taught to all Texas students. This is only one of the many administrative

regulations initiated by the agencies of the state.

The local school district is also responsible for creating administrative rules. The Board

Policy, student handbook, and the code of conduct are all documents that describe the rules and

regulations established by the school system.

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Judicial Law

Judicial law consists of federal and state court decisions and is sometimes called case

law. These decisions arrive from disputes at the local board level and are appealed to higher

authorities. As seen in Figure 1, the appeal process may vary depending upon the content of the

suit filed. If the suit involves a matter of federal or constitutional law, it may move directly from

the Commissioner of Education to the U. S. District Court, bypassing the Texas court system.

Courts are reluctant to become involved in educational disputes “until all administrative

remedies have been exhausted” (Walsh, Kemerer, & Maniotis, 2005, p. 6). Judges understand

that administrative agencies are more qualified to handle disputes and reach a satisfactory

solution.

Figure 1

Structure of Texas and Federal Court System

Texas Supreme U.S. Supreme

Court Court

Texas Court of U. S. Court of

Appeals Appeals

Commissioner of Texas District U. S. District

Education Court Court

Local School
Board

As mentioned in the section on Constitutional Law, the Brown v. Board of Education of

1954 is a prime example of how judicial law can affect education. In this case, 13 parents of 20
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children filed suit against the Board of Topeka, Kansas challenging its policy of racial

segregation (Teaching with documents: documents related to brown v. board of education). The

court overturned the Plessy v. Ferguson decision of 1896 which permitted segregation. This

decision paved the way for desegregation in public schools.

Conclusion

Because the Tenth Amendment of the Constitution leaves certain powers to the states,

Texas was able to create its own constitution that established a free public education system.

Through many state and federal statutes, administrative laws and judicial decisions, the state has

developed its current system of educational law that governs the way schools function. The

agencies of the state and the local school districts have been given the authority to create laws,

rules, and regulations that students, teachers, and parents must follow. Educational law will

continue to evolve as agencies and courts become more involved in the educational process.
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References

Brown, G. W., Sukys, P. A., & Anderson, L. H. (1993). Understanding personal and business

law. New York: Glencoe/McGraw-Hill.

Constitution of the state of texas. (2009, September 2). Retrieved September 4, 2010, from

Tarlton Law Library: http://tarlton.law.utexas.edu/constitutions/text/1876index.html

Constitution of the united states. (n.d.). Retrieved September 4, 2010, from United States Senate:

http://www.senate.gov/civics/constitution_item/constitution.htm

IDEA—the individuals with disabilities education act . (n.d.). Retrieved September 4, 2010, from

National Dissemination Center for Children with Disabilities:

http://www.nichcy.org/Laws/IDEA/Pages/Default.aspx

Our government. (n.d.). Retrieved September 4, 2010, from The Whitehouse:

http://www.whitehouse.gov/our-government

SBOE history and duties. (n.d.). Retrieved September 4, 2010, from Texas Education Agency:

http://portals.tea.state.tx.us/index4.aspx?id=4214

Teaching with documents: documents related to brown v. board of education. (n.d.). Retrieved

September 4, 2010, from The National Archives:

http://www.archives.gov/education/lessons/brown-v-board/

Texas constitution and statutes. (n.d.). Retrieved September 4, 2010, from

http://www.statutes.legis.state.tx.us/

Walsh, J., Kemerer, F., & Maniotis, L. (2005). The educator's guide to texas school law. Austin:

University of Texas Press.