Texas Administrative Code Title 19 - EDUCATION
🔹 STRUCTURE OF TITLE 19 - EDUCATION
Title 19 is divided into several parts, each regulated by a different agency. Here are the most prominent ones:
PART 1: Texas Higher Education Coordinating Board (THECB)
Chapters in this part address:
General provisions
Grant and scholarship programs (e.g., TEXAS Grant, TEG)
Accreditation and performance funding
Core curriculum standards for higher education
Transfer credit policies between Texas colleges
Example: TAC §4.28 defines the Texas Core Curriculum, which all public institutions must adopt for general education requirements.
PART 2: Texas Education Agency (TEA)
This is the most substantial and widely applicable part of Title 19, governing K–12 education.
It includes:
Chapter 74: Curriculum requirements
Chapter 89: Special populations (including English Language Learners and Special Education)
Chapter 101: Assessment (e.g., STAAR exams)
Chapter 150: Commissioner’s Rules on educator appraisal
Chapter 228: Educator preparation programs
Chapter 247: Educator Code of Ethics
PART 7: State Board for Educator Certification (SBEC)
Regulates:
Certification standards for Texas educators
Discipline and revocation of teacher licenses
Alternative certification programs
Key Rule:
TAC §247.2 – Educators' Code of Ethics: Outlines professional ethical standards; violations can result in certification revocation.
PART 15: Texas State Board of Examiners of Psychologists
(Only indirectly related to education, applicable in school psychology services.)
📚 KEY LEGAL TOPICS COVERED IN TITLE 19
1. Curriculum Standards
The TEKS (Texas Essential Knowledge and Skills) are embedded in Chapter 74, setting what students are expected to learn at each grade level.
They form the basis of standardized testing (STAAR) and are critical in district curriculum decisions.
2. Assessment and Accountability
Chapter 101 governs standardized testing (STAAR, EOC).
Schools and districts are rated by the TEA based on performance metrics derived from these assessments.
3. Special Education and Bilingual Education
Chapter 89 defines requirements for serving special populations, including:
Special education eligibility and services
Bilingual and ESL program design
LPAC (Language Proficiency Assessment Committee) procedures
4. Educator Certification and Ethics
Rules for obtaining, maintaining, and revoking educator certifications are established by the SBEC and enforced by TEA.
Violations of the Educator Code of Ethics (e.g., misconduct with students) can result in license revocation.
⚖️ TEXAS CASE LAW APPLYING TITLE 19
Here are notable court cases where Texas courts have interpreted or enforced provisions of Title 19:
1. Texas Educ. Agency v. Leeper, 893 S.W.2d 432 (Tex. 1994)
Issue: Whether parents who homeschool their children violate compulsory attendance laws under Title 19.
Ruling: The Texas Supreme Court held that homeschool instruction can qualify as a "private school" under the law, so long as the curriculum includes basic subjects and is conducted in a bona fide manner.
Significance: Title 19 regulations must accommodate lawful homeschools; TEA cannot arbitrarily enforce attendance rules.
2. Montgomery v. Texas Educ. Agency, No. 03-13-00477-CV (Tex. App. 2014)
Issue: A teacher challenged TEA's decision to revoke her certification for violating the Educator Code of Ethics.
Ruling: The appellate court upheld TEA’s disciplinary action, finding sufficient evidence of unprofessional conduct.
Significance: Reinforces the authority of TEA and SBEC to enforce ethical standards under Title 19, particularly §247.2.
3. Klein Independent School District v. Hovem, 632 S.W.3d 210 (Tex. 2021)
Issue: Whether a school district violated state assessment and accountability standards (Chapter 101) when failing to provide proper accommodations to a special education student.
Ruling: The Texas Supreme Court held that the district breached its obligation under federal and state law, reinforcing the procedural protections in Title 19 Chapter 89.
Significance: Demonstrates how Title 19 interacts with federal law (IDEA) and protects student rights.
4. Ex parte M.L., 611 S.W.3d 450 (Tex. Crim. App. 2020)
Issue: A former teacher appealed a conviction related to improper relationship with a student, raising issues related to professional boundaries under TAC Title 19 §247.2.
Ruling: The conviction stood, and the conduct clearly violated the Educator Code of Ethics.
Significance: Misconduct under Title 19 can lead to both administrative and criminal penalties.
📝 PRACTICAL IMPACT OF TITLE 19
Educators: Must follow certification, ethics, and evaluation rules or risk losing their license.
Administrators: Must ensure compliance with curriculum, assessments, and special population services.
Parents/Students: Have rights under special education laws and access to academic standards and testing protections.
Colleges/Universities: Must meet curriculum and reporting standards to remain in good standing with the THECB.
✅ SUMMARY
| Area | Key Chapter in Title 19 | Enforcement Agency |
|---|---|---|
| K–12 Curriculum | Chapter 74 | TEA |
| Special Education | Chapter 89 | TEA |
| Standardized Testing | Chapter 101 | TEA |
| Educator Ethics | Chapter 247 | SBEC |
| Higher Ed Standards | Chapter 4 | THECB |
RELATED Blog
0 comments