EDUCATION CODE

TITLE 1. GENERAL PROVISIONS

CHAPTER 1. GENERAL PROVISIONS

Sec. 1.001. APPLICABILITY. (

a) This code applies to all educational institutions supported in whole or in part by state tax funds unless specifically excluded by this code.

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b) Except as provided by

Chapter 18 ,

Chapter 19 , Subchapter A of

Chapter 29 , or Subchapter E of

Chapter 30 , this code does not apply to students, facilities, or programs under the jurisdiction of the Department of Aging and Disability Services, the Department of State Health Services, the Health and Human Services Commission, the Texas Juvenile Justice Department, the Texas Department of Criminal Justice, a Job Corps program operated by or under contract with the United States Department of Labor, or any juvenile probation agency.

Added by Acts 1995, 74th Leg., ch. 260,

Sec. 1, eff. May 30, 1995.

Amended by:

Acts 2005, 79th Leg., Ch. 377 (S.B. 1395 ),

Sec. 2, eff. June 17, 2005.

Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646 ),

Sec. 1, eff. September 1, 2009.

Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549 ),

Sec. 19, eff. September 1, 2015.

Acts 2025, 89th Leg., R.S., Ch. 5 (S.B. 569 ),

Sec. 1, eff. May 6, 2025.

Sec. 1.002. EQUAL EDUCATIONAL SERVICES OR OPPORTUNITIES. (

a) An educational institution undertaking to provide education, services, or activities to any individual within the jurisdiction or geographical boundaries of the educational institution shall provide equal opportunities to all individuals within its jurisdiction or geographical boundaries pursuant to this code.

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b) An educational institution may not deny services to any individual eligible to participate in a school district's special education program as provided by

Section 29.003 , but the educational institution shall provide individuals with disabilities special educational services as authorized by law or, where expressly authorized, assist in and contribute toward the provision of appropriate special educational services in cooperation with other educational institutions and other appropriate agencies, institutions, or departments.

Added by Acts 1995, 74th Leg., ch. 260,

Sec. 1, eff. May 30, 1995.

Sec. 1.003. THE FLYING OF THE UNITED STATES AND TEXAS FLAGS. On all regular school days, every school and other educational institution to which this code applies shall fly the United States and Texas flags.

Added by Acts 1995, 74th Leg., ch. 260,

Sec. 1, eff. May 30, 1995.

Sec. 1.004. DISPLAY OF NATIONAL MOTTO. (

a) A public elementary or secondary school or an institution of higher education as defined by

Section 61.003 must display in a conspicuous place in each building of the school or institution a durable poster or framed copy of the United States national motto, "In God We Trust," if the poster or framed copy meets the requirements of Subsection (

b) and is:

(1) donated for display at the school or institution; or

(2) purchased from private donations and made available to the school or institution.

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b) A poster or framed copy of the national motto described by Subsection (a):

(1) must contain a representation of the United States flag centered under the national motto and a representation of the state flag; and

(2) may not depict any words, images, or other information other than the representations listed in Subdivision (1).

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c) A public elementary or secondary school and an institution of higher education may accept and use private donations for the purposes of Subsection (a).

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d) A classroom teacher at a public elementary or secondary school or a teacher or professor at an institution of higher education as defined by

Section 61.003 may not be prohibited from displaying in a classroom a poster or framed copy of the national motto that meets the requirements of this section.

Added by Acts 2003, 78th Leg., ch. 412,

Sec. 1, eff. June 20, 2003.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 854 (S.B. 797 ),

Sec. 1, eff. June 16, 2021.

Acts 2023, 88th Leg., R.S., Ch. 439 (H.B. 2012 ),

Sec. 1, eff. June 9, 2023.

Sec. 1.0041. DISPLAY OF TEN COMMANDMENTS. (

a) Subject to Subsection (e), a public elementary or secondary school shall display in a conspicuous place in each classroom of the school a durable poster or framed copy of the Ten Commandments that meets the requirements of Subsection (b).

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b) A poster or framed copy of the Ten Commandments described by Subsection (

a) must:

(1) include only the text of the Ten Commandments as provided by Subsection (

c) in a size and typeface that is legible to a person with average vision from anywhere in the classroom in which the poster or framed copy is displayed; and

(2) be at least 16 inches wide and 20 inches tall.

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c) The text of the poster or framed copy of the Ten Commandments described by Subsection (

a) must read as follows:

"The Ten Commandments

I AM the LORD thy God.

Thou shalt have no other gods before me.

Thou shalt not make to thyself any graven images.

Thou shalt not take the Name of the Lord thy God in vain.

Remember the Sabbath day, to keep it holy.

Honor thy father and thy mother, that thy days may be long upon the land which the Lord thy God giveth thee.

Thou shalt not kill.

Thou shalt not commit adultery.

Thou shalt not steal.

Thou shalt not bear false witness against thy neighbor.

Thou shalt not covet thy neighbor's house.

Thou shalt not covet thy neighbor's wife, nor his manservant, nor his maidservant, nor his cattle, nor anything that is thy neighbor's."

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d) A public elementary or secondary school in which each classroom does not include a poster or framed copy of the Ten Commandments as required by Subsection (

a) must:

(1) accept any offer of a privately donated poster or framed copy of the Ten Commandments provided that the poster or copy:

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A) meets the requirements of Subsection (b); and

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B) does not contain any additional content; and

(2) display the poster or framed copy as specified in Subsection (a).

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e) A public elementary or secondary school in which each classroom does not include a poster or framed copy of the Ten Commandments as required by Subsection (

a) may, but is not required to, purchase posters or copies that meet the requirements of Subsection (

b) using district funds.

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f) Notwithstanding any other law, a public elementary or secondary school is not exempt from this section.

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g) The attorney general shall defend a public elementary or secondary school in a cause of action relating to any claims arising out of a school's compliance with this section. In a cause of action defended by the attorney general under this subsection, the state is liable for the expenses, costs, judgments, or settlements of the claims arising out of the representation. The attorney general may settle or compromise any and all claims under this subsection.

Added by Acts 2025, 89th Leg., R.S., Ch. 955 (S.B. 10 ),

Sec. 1, eff. September 1, 2025.

Sec. 1.005. EDUCATION RESEARCH CENTERS. (

a) In this section:

(1) "Center" means a center for education research authorized by this section.

(1-a) "Cooperating agencies" means the Texas Education Agency, the Texas Higher Education Coordinating Board, and the Texas Workforce Commission.

(2) "Coordinating board" means the Texas Higher Education Coordinating Board.

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b) The coordinating board shall establish not more than three centers for education research to conduct studies or evaluations using the data described by this section.

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c) A center must be established as part of a public junior college, public senior college or university, or public state college, as those terms are defined by

Section 61.003 , or a consortium of those institutions. The coordinating board shall solicit requests for proposals from appropriate institutions to establish centers under this

section and shall select one or more institutions to establish each center based on criteria adopted by the coordinating board.

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d) A center must be operated under an agreement between the coordinating board and the governing boa