Skip to main content

Education Agency, Texas

Summaries

KP-0096
Ken Paxton

Board of Managers of independent school district, period of appointment|Code Construction Act, application to Education Code|Savings provisions of Code Construction Act

KP-0097
Ken Paxton

In Education Code subsection 12.128(c), the Legislature has set aside public property for control by the Commissioner of Education such that it is not unappropriated property for the Permanent School Fund under Education Code subsection 43.001(a)(2).|In Education Code subsection 12.128(c), the Legislature has set aside public property such that it is not unappropriated property for the Permanent School Fund under Education Code subsection 43.001(a)(2).|Texas Constitution article III, sections 51 and 52(a) prohibit the Commissioner of Education from gratuitously granting property returned to the State pursuant to Education Code section 12.128 to private interests.|Permanent School Fund - In Education Code subsection 12.128(c), the Legislature has set aside public property such that it is not unappropriated property for the Permanent School Fund under Education Code subsection 43.001(a)(2).

KP-0113
Ken Paxton

Education Code section 29.022 - Upon receiving a request, a school district shall provide equipment not to a single classroom but "to each school in the district" that provides students special education services and otherwise meets the requirements of Tex. Educ. Code § 29.022|Education Code section 29.022, a court would likely conclude that the Texas Education Agency would exceed its rulemaking authority by adopting a rule that narrowly defines "staff member" as used in Tex. Educ. Code § 29.022

KP-0144
Ken Paxton

Local option homestead exemption repeals or reductions that Tax Code subsection 11.13(n-1) prohibits. The computation of state funding for school districts receiving additional state aid for tax reduction must not include|Computation of state funding for school districts receiving additional state aid for tax reduction must not include local option homestead exemption repeals or reductions that Tax Code subsection 11.13(n-1) prohibits.|Education Commissioner must not include in the computation of state funding for school districts receiving additional state aid for tax reduction the local option homestead exemption repeals or reductions that Tax Code subsection 11.13(n-1) prohibits.

GA-0038
Greg Abbott

Coordinated health program designed to prevent certain diseases in elementary school students, whether Agency may approve more than one set of educational materials to implement|Program

GA-0178
Greg Abbott

Provisional admission to school for children based on immunization status, the Education Agency has no authority to regulate|Immunization status, Department has exclusive authority to regulate provisional admission to school for children on based on|Provisional admission is not permitted for children who have not complied with statutory immunization requirements and rules adopted by the Department of Health|Immunization requirements, provisional admission to school is not permitted for children who have not begun to comply with and who are not excepted

GA-0936
Greg Abbott

Special education due process hearing, pursuant to subsection 81.101(a) of the Government Code a non-attorney may not practice law at a|Non-attorney may not practice law at a special education due process hearing pursuant to subsection 81.101(a) of the Government Code|Non-attorney to engage in conduct that constitutes the practice of law, a court would have a basis to invalidate a Texas Education Agency rule that allows a|Special education due process hearing, pursuant to subsection 81.101(a) of the Government Code, a non-attorney may not practice law at a|An agency rule that allows a non-attorney to engage in conduct that constitutes the practice of law, a court would have a basis to invalidate a

DM-0065
Dan Morales

County education district, Education Commission is not authorized to create a new district or to reassign Mason Independent School District to a county education district different from that to which the school district is statutorily assigned|County education districts, Mason Independent School District is not authorized to request reassignment to a different

DM-0290
Dan Morales

Teachers' Professional Practices Commission, effect of abolition on Code of Ethics and Standard Practices for Texas Educators

DM-0386
Dan Morales

Driver education and traffic safety course, Texas Education Agency must supply certificates of completion to public school's|Driver education and traffic safety course of public school, Agency must supply certificates of completion to|Driving safety course with conditional approval, Agency need not finally approve|Driving safety school with conditional license need not apply for new license|Safety course that State Board of Education has conditionally approved need not be finally approved

JC-0333
John Cornyn

Student information, Federal Family Educational Rights and Privacy Act of 1974 does not permit the agency to release personally identifiable student information to employees of the Texas Legislative Council despite the fact that state law provides that su|Family Educational Rights and Privacy Act of 1974 does not permit the Texas Education Agency to release personally identifiable student information to employees of the Texas Legislative Council despite the fact that state law provides that such employees |Legislative Council, Federal Family Educational Rights and Privacy Act of 1974 does not permit the Texas Education Agency to release personally identifiable student information to Council's employees despite the fact that state law provides that such empl

JC-0478
John Cornyn

Rule proposed by Board impinging on specifically delegated power of Texas Education Agency with respect to test development is invalid|Statewide assessment program, Board has authority to create and implement but not to develop "assessment instruments" or tests|Rule proposed by Board of Education impinging on specifically delegated power of Agency with respect to test development is invalid|Development of "assessment instruments" or tests is delegated by legislature to Agency

KP-0440
Ken Paxton

Education Code subsections 29.153(d-1) and (g), concerning the solicitation of public-private partnerships in connection with the provision of free prekindergarten by school districts, are mandatory in certain instances. The stringent eligibility criteria in Education Code section 29.171 for a provider to enter into a public-private partnership agreement for prekindergarten should not be used as a condition for the provider to submit a proposal for such a partnership under subsection 29.153(g). A court could conclude under certain circumstances that Texas Education Agency guidelines should be promulgated through formal rulemaking under the Administrative Procedure Act. A court would likely conclude that neither the Governor’s COVID-19 Disaster Declaration nor any related Executive Order authorize the suspension of Education Code subsections 29.153(d-1) or (g).