School board authority in Texas

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Texas state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties Texas law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.

HIGHLIGHTS

Texas public school boards of directors are given broad authority to administer the public schools in Texas, but are also granted specific discretionary powers.

Texas law prohibits instruction in public schools regarding certain concepts related to race.

Texas Governor Greg Abbott (R) signed a bill into law on June 13, 2023, prohibiting materials that the legislation defined as sexually explicit from school libraries, but school boards are granted additional authority to review and remove books from school libraries.

Texas is one of 47 states that gives school boards authority over district disciplinary policy.

Texas state law prohibits public employees from engaging in collective bargaining agreements.

Types of legal and contractual constraints on school board authority

See also: Local school board authority across the 50 states

This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.

There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.

• State laws commonly restrict or mandate school board policies on certain topics.
  • Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
• State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
• Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
• The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
• Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
• State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.

This page features the following sections:

• Texas law on school boards' authority over district policy. This section features the statutes in Texas law that establish, enable, or define local school district boards.
• Constraints on Texas school boards' authority. This section provides an overview of constraints on the school boards' authority in Texas. It contains information on the constraints by the following topics:
  • Curriculum requirements
  • Curriculum restrictions
  • Book bans, removals, and restrictions
  • Parental notification
  • Discipline
  • School board elections
  • Public school choice and open enrollment
  • Charter schools
  • Cellphone bans
• Collective bargaining agreements
• Parents' bill of rights
• How does Texas compare to other states?
• Noteworthy Events. This section tracks noteworthy events related to school boards' authority in Texas.

School board authority over district policy in Texas

Enabling or authorizing statute for the boards of school districts in Texas

See also: Enabling statute

Texas Education Code § 11.051 creates school district boards and gives them authority to operate according to state law:

“ (a) An independent school district is governed by a board of trustees who, as a body corporate, shall: (1) oversee the management of the district; and (2) 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. ”

Texas school boards' powers and duties

Texas public school boards of directors are given broad authority to govern the public schools in Texas. Texas Education Code § 11.151 states, "All powers and duties not specifically delegated by statute to the agency or to the State Board of Education are reserved for the trustees, and the agency may not substitute its judgment for the lawful exercise of those powers and duties by the trustees." School boards are also authorized to "adopt rules and bylaws necessary to carry out the powers and duties."

In addition to the broad authority granted by state law, Texas school boards also have certain specific powers and duties. The list of specific powers and duties school district boards are charged with appears in Texas Education Code § 11.1511 and 11.1512(g) and are as follows:

“ Section 11.1511 (b) The board shall: (1) 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; (2) adopt a vision statement and comprehensive goals for the district and the superintendent and monitor progress toward those goals; (3) establish performance goals for the district concerning: (A) the academic and fiscal performance indicators under Subchapters C, D, and J, Chapter 39; and (B) any performance indicators adopted by the district; (4) ensure that the superintendent: (A) is accountable for achieving performance results; (B) recognizes performance accomplishments; and (C) takes action as necessary to meet performance goals; (5) adopt a policy to establish a district- and campus-level planning and decision-making process as required under Section 11.251; (6) publish an annual educational performance report as required under Section 39.306; (7) adopt an annual budget for the district as required under Section 44.004; (8) adopt a tax rate each fiscal year as required under Section 26.05, Tax Code; (9) monitor district finances to ensure that the superintendent is properly maintaining the district's financial procedures and records; (10) ensure that district fiscal accounts are audited annually as required under Section 44.008; (11) publish an end-of-year financial report for distribution to the community; (12) conduct elections as required by law; (13) 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; (14) make decisions relating to terminating the employment of district employees employed under a contract to which Chapter 21 applies, including terminating or not renewing an employment contract to which that chapter applies; and (15) carry out other powers and duties as provided by this code or other law. Section 11.1512(g) A district shall create a policy on visits to a district campus or other facility by a member of the board of trustees of the district. ”

Discretionary powers

In addition to the broad authority school boards are charged with, Texas Education Code § 11.1511 lists certain discretionary powers they are authorized, but not required, to exercise. The discretionary powers of Texas school boards are as follows:

“ (c) The board may: (1) 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 Sections 45.001 and 45.003; (2) levy, assess, and collect an annual ad valorem tax for maintenance and operation of the district as authorized under Sections 45.002 and 45.003; (3) employ a person to assess or collect the district's taxes as authorized under Section 45.231; and (4) enter into contracts as authorized under this code or other law and delegate contractual authority to the superintendent as appropriate. (d) The board may require a school 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. A superintendent may not interfere with an appearance or testimony required by the board under this subsection. ”

Constraints on Texas school boards' authority

This section tracks constraints on school boards specific to Texas as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.

Constraint on Texas school boards' authority by topic

This section features constraints on Texas school boards' authority on policies related to the following topics:

• Curriculum requirements
• Curriculum restrictions
• Book bans, removals, and restrictions
• Parental notification
• Discipline
• School board elections
• Public school choice and open enrollment
• Charter schools
• Cellphone bans

Curriculum requirements

Texas requires the following specific topics to be included in each district's curriculum:

• A foundation curriculum including English language arts, mathematics, science, and social studies "consisting of Texas, United States, and world history, government, economics, with emphasis on the free enterprise system and its benefits, and geography"
• Languages other than English, to the extent possible
• Health, with emphasis on physical health, mental health, and suicide prevention
• Physical education
• Nutrition and wellness, including culinary skills, horticulture, and consumer economics
• Fine arts
• Career and technology education
• Technology applications
• Religious literature, including the Old and New Testaments of the Bible
• Financial literacy
• Instruction on American patriotism, the history of Texas, and the free enterprise system
• The founding documents of the United States including the Declaration of Independence, the U.S. Constitution, the Federalist Papers, Alexis de Tocqueville's Democracy in America, the first Lincoln-Douglas debate, Frederick Douglass' speeches "The Meaning of July Fourth for the Negro" and "What the Black Man Wants," Martin Luther King Jr.'s "I Have a Dream" speech, and writings of the founding fathers

Curriculum restrictions

Texas law prohibits instruction in public schools regarding certain concepts related to race. School districts are also prohibited from implementing the three-cueing reading method of reading instruction. Texas law includes the following topics related to prohibition of concepts related to race:

“ (4) a teacher, administrator, or other employee of a state agency, school district, or open-enrollment charter school may not: (A) require or make part of a course inculcation in the concept that: (i) one race or sex is inherently superior to another race or sex; (ii) an individual, by virtue of the individual's race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously; (iii) an individual should be discriminated against or receive adverse treatment solely or partly because of the individual's race or sex; (iv) an individual's moral character, standing, or worth is necessarily determined by the individual's race or sex; (v) an individual, by virtue of the individual's race or sex, bears responsibility, blame, or guilt for actions committed by other members of the same race or sex; (vi) meritocracy or traits such as a hard work ethic are racist or sexist or were created by members of a particular race to oppress members of another race; (vii) the advent of slavery in the territory that is now the United States constituted the true founding of the United States; or (viii) with respect to their relationship to American values, slavery and racism are anything other than deviations from, betrayals of, or failures to live up to the authentic founding principles of the United States, which include liberty and equality; (B) teach, instruct, or train any administrator, teacher, or staff member of a state agency, school district, or open-enrollment charter school to adopt a concept listed under Paragraph (A); or (C) require an understanding of the 1619 Project. ”

Federal law and guidance

Federal executive orders:

President Donald Trump (R) issued an executive order (E.O.) on January 29, 2025, entitled Ending Radical Indoctrination in K-12 Schooling, prohibiting federal funding that directly or indirectly facilitates K-12 instruction regarding what the bill calls gender or equity ideology. It directs federal executive agencies, including the U.S. Department of Education, to create a plan to relinquish federal funds from school or teacher certification programs that include what the E.O. called gender ideology or discriminatory equity ideology. The order defined discriminatory equity ideology as ideology that treats individuals as members of preferred or disfavored groups rather than as individuals and minimizes agency, merit, and capability in favor of immoral generalizations.

Book bans, removals, and restrictions

Texas school boards have the authority to remove books from school libraries. School districts are required to review library materials and create a report on the review process. The State Board of Education also has authority to review books and prohibits school districts from purchasing library materials from vendors that do not comply with state law. State law provides for local school library advisory coucils to advise the board on the acquisition, removal, or restriction of school library materials.

While school boards and the State Board of Education have authority to review and remove books, state law prohibits materials that the legislation defined as sexually explicit, indecent, harmful, or profane from school libraries.

Case law:
The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.

Federal guidance

The U.S. Department of Education’s Office for Civil Rights rescinded all guidance against the removal of books and no longer employed a coordinator to investigate local district book removals as of January 24, 2025. The Department said they believed removing books from school libraries was a question of parental and community judgment, not civil rights, and that the office had no role as it related to book removal.

Parental notification

Ballotpedia could not identify any parental notification requirements in Texas statutes, regulations, or case law.

Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.

Discipline

See also: How does Texas compare to other states on school board authority over disciplinary policy?

Texas is one of 47 states that gives school boards authority over district disciplinary policy. However. state law includes requirements for the district policy.

The text of Texas Education Code § 37.001 is as follows:

“ (a) The board of trustees of an independent school district shall, with the advice of its district-level committee established under Subchapter F, Chapter 11, adopt a student code of conduct for the district. The student code of conduct must be posted and prominently displayed at each school campus or made available for review at the office of the campus principal. In addition to establishing standards for student conduct, the student code of conduct must: (1) specify the circumstances, in accordance with this subchapter, under which a student may be removed from a classroom, campus, disciplinary alternative education program, or vehicle owned or operated by the district; (2) specify conditions that authorize or require a principal or other appropriate administrator to transfer a student to a disciplinary alternative education program, which must expressly provide that an appropriate administrator may place a student in a disciplinary alternative education program for the first-time offense of possession or use of a nicotine delivery product or e-cigarette, as defined by Section 161.081, Health and Safety Code; (3) outline conditions under which a student may be suspended as provided by Section 37.005 or expelled as provided by Section 37.007; (4) specify that consideration will be given, as a factor in each decision concerning suspension, removal to a disciplinary alternative education program, expulsion, or placement in a juvenile justice alternative education program, regardless of whether the decision concerns a mandatory or discretionary action, to: (A) self-defense; (B) intent or lack of intent at the time the student engaged in the conduct; (C) a student's disciplinary history; (D) a disability that substantially impairs the student's capacity to appreciate the wrongfulness of the student's conduct; (E) a student's status in the conservatorship of the Department of Family and Protective Services; or (F) a student's status as a student who is homeless; (5) provide guidelines for setting the length of a term of: (A) a removal under Section 37.006; and (B) an expulsion under Section 37.007; (6) address the notification of a student's parent or guardian of a violation of the student code of conduct committed by the student that results in suspension, removal to a disciplinary alternative education program, or expulsion; (7) prohibit bullying, harassment, and making hit lists and ensure that district employees enforce those prohibitions; (8) provide, as appropriate for students at each grade level, methods, including options, for: (A) managing students in the classroom, on school grounds, and on a vehicle owned or operated by the district; (B) disciplining students; and (C) preventing and intervening in student discipline problems, including bullying, harassment, and making hit lists; and (9) include an explanation of the provisions regarding refusal of entry to or ejection from district property under Section 37.105, including the appeal process established under Section 37.105(h); and (10) include a statement regarding whether the board has adopted a policy for parental involvement in school disciplinary placements under Section 37.0014 and, if so, the provisions of the policy. ”

Federal guidance

President Donald Trump (R) issued an Executive Order (E.O.) titled Reinstating Common Sense School Discipline Policies on April 23, 2025, that required the Secretary of Education, in consultation with the Attorney General, to issue guidance local educational agencies (LEAs) and State educational agencies (SEAs) regarding "school discipline and their obligations not to engage in racial discrimination under Title VI in all contexts, including school discipline," according to the order. The first Trump administration rescinded guidance issued in 2014 under the Obama administration that suggested that higher rates of discipline for racial minorities could be evidence of discrimination and could cause schools to lose federal funding. Trump's 2025 E.O. argued that the guidance "effectively required schools to discriminate on the basis of race by imposing discipline based on racial characteristics, rather than on objective behavior alone." Though the guidance was rescinded in 2018, the U.S. Department of Education continued to collect data regarding the racial breakdown of disciplinary actions taken across the country. Trump's 2025 E.O. prohibits schools from engaging in what it called racial discrimination in the application of school discipline.

School board elections

See also: Rules governing school board election dates and timing in Texas, How does Texas compare to other states on school board authority over election timing?

Texas is one of five states in which school boards have authority to select the timing of school board elections from a limited list of options.

Click here to read about the laws governing school board elections in Texas.

Public school choice and open enrollment

See also: School choice in Texas

Texas state law authorizes school districts to permit the transfer of students between districts. Students are also allowed to receive public education grants to attend a public school within their district if the school they are assigned to receives an unacceptable performance rating:

“ The boards of trustees of two or more adjoining school districts or the boards of county school trustees of two or more adjoining counties may, by agreement and in accordance with Sections 25.032, 25.033, and 25.034, arrange for the transfer and assignment of any student from the jurisdiction of one board to that of another. In the case of the transfer and assignment of a student under this section, the participating governing boards shall also agree to the transfer of school funds or other payments proportionate to the transfer of attendance. ”

Charter schools

See also: Charter schools in Texas, How does Texas compare to other states on school board authority over charter schools?

Texas is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.

Texas grants school boards authority to issue charter schools in their district, along with the Texas Education Agency (TEA). School boards are considered charter school authorizers in the state, however, TEA ultimately oversees the charter school authorization process:

“ (a) In accordance with this subchapter, a school district may adopt a home-rule school district charter under which the district will operate. (b) The adoption of a home-rule school district charter by a school district does not affect: (1) the district's boundaries; or (2) taxes or bonds of the district authorized before the effective date of the charter. ”

Cellphone bans

See also: How does Texas compare to other states on cellphone laws?

Texas is one of 26 states with state laws or executive orders prohibiting or limiting cell phones in classrooms and/or schools, including through requiring school boards to pass certain policies.

Texas Governor Greg Abbott (R) signed House Bill (HB) 1481 on June 20, 2025, requiring districts to establish policies prohibiting cellphone use during the school day, with exceptions for individualized education plans and compliance with safety protocol.

Several Texas school boards had implemented district-wide policies to limit or ban cellphone use before Governor Abbott signed HB 1481.

Collective bargaining agreements

Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.

CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.

Texas state law prohibits public employees from engaging in collective bargaining agreements.

Parents' bill of rights

See also: How does Texas compare to other states on Parents' Bills of Rights?

Texas is one of 26 states that has a Parents' Bill of Rights.

The statute holds that parents have the right to access their child's student records, copies of state assessments, and teaching materials, among other provisions. The text is as follows:

“ Sec. 26.001. PURPOSE. As provided under Section 151.001, Family Code, a parent has the right to direct the moral and religious training of the parent's child, make decisions concerning the child's education, and consent to medical, psychiatric, and psychological treatment of the child without obstruction or interference from this state, any political subdivision of this state, a school district or open-enrollment charter school, or any other governmental entity. (a-1) Parents are partners with educators, administrators, and school district boards of trustees in their children's education. Parents shall be encouraged to actively participate in creating and implementing educational programs for their children. (b) The rights listed in this chapter are not exclusive. This chapter does not limit a parent's rights under other law. (c) Unless otherwise provided by law, a board of trustees, administrator, educator, or other person shall comply with Section 1.009 and may not limit parental rights or withhold information from a parent regarding the parent's child. (c-1) A school district may not be considered to have withheld information from a parent regarding the parent's child if the district's actions are in accordance with other law, including the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g). (d) Each board of trustees shall: (1) provide for procedures to consider complaints that a parent's right has been denied;[.] (2) develop a plan for parental participation in thedistrict to improve parent and teacher cooperation, including in the areas of homework, school attendance, and discipline; (3) cooperate in the establishment of ongoing operations of at least one parent-teacher organization at each school in the district to promote parental involvement in school activities; and (4) provide to a parent of a child on the child's enrollment in the district for the first time and to the parent of each child enrolled in the district at the beginning of each school year information about parental rights and options, including the right to withhold consent for or exempt the parent's child fromcertain activities and instruction, that addresses the parent's rights and options concerning: (A) the child's course of study and supplemental services; (B) instructional materials and library materials; (C) health education instruction under Section 28.004; (D) instruction regarding sexual orientation and gender identity under Section 28.0043; (E) school options, including virtual and remote schooling options; (F) immunizations under Section 38.001; (G) gifted and talented programs; (H) promotion, retention, and graduation policies; (I) grade, class rank, and attendance information; (J) state standards and requirements; (K) data collection practices; (L) health care services, including notice and consent under Section 26.0083(g); (M) the grievance procedure under Section 26.011; and (N) special education and bilingual educationand special language programs. (e) The agency shall develop a form for use by school districts in providing information about parental rights and options under Subsection (d)(4). Each school district shall post the form in a prominent location on the district's Internet website. Sec. 26.002. DEFINITION. In this chapter, "parent" includes a person standing in parental relation. The term does not include a person as to whom the parent-child relationship has been terminated or a person not entitled to possession of or access to a child under a court order. Except as provided by federal law, all rights of a parent under Title 2 of this code and all educational rights under Section 151.001(a)(10), Family Code, shall be exercised by a student who is 18 years of age or older or whose disabilities of minority have been removed for general purposes under Chapter 31, Family Code, unless the student has been determined to be incompetent or the student's rights have been otherwise restricted by a court order. Sec. 26.0025. RIGHT TO SELECT EDUCATIONAL SETTING. A parent is entitled to choose the educational setting for the parent's child, including public school, private school, or homeschool. Sec. 26.003. RIGHTS CONCERNING ACADEMIC PROGRAMS. (a) A parent is entitled to: (1) petition the board of trustees designating the school in the district that the parent's child will attend, as provided by Section 25.033; (2) reasonable access to the school principal, or to a designated administrator with the authority to reassign a student, to request a change in the class or teacher to which the parent's child has been assigned, if the reassignment or change would not affect the assignment or reassignment of another student; (3) request, with the expectation that the request will not be unreasonably denied: (A) the addition of a specific academic class in the course of study of the parent's child in keeping with the required curriculum if sufficient interest is shown in the addition of the class to make it economically practical to offer the class; (B) that the parent's child be permitted to attend a class for credit above the child's grade level, whether in the child's school or another school, unless the board or its designated representative expects that the child cannot perform satisfactorily in the class; or (C) that the parent's child be permitted to graduate from high school earlier than the child would normally graduate, if the child completes each course required for graduation; and (4) have a child who graduates early as provided by Subdivision (3)(C) participate in graduation ceremonies at the time the child graduates. (b) The decision of the board of trustees concerning a request described by Subsection (a)(2) or (3) is final and may not be appealed. Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Sec. 26.0031. RIGHTS CONCERNING STATE VIRTUAL SCHOOL NETWORK. (a) At the time and in the manner that a school district or open-enrollment charter school informs students and parents about courses that are offered in the district's or school's traditional classroom setting, the district or school shall notify parents and students of the option to enroll in an electronic course offered through the state virtual school network under Chapter 30A. (b) Except as provided by Subsection (c), a school district or open-enrollment charter school in which a student is enrolled as a full-time student may not deny the request of a parent of a student to enroll the student in an electronic course offered through the state virtual school network under Chapter 30A. (c) A school district or open-enrollment charter school may deny a request to enroll a student in an electronic course if: (1) a student attempts to enroll in a course load that is inconsistent with the student's high school graduation plan or requirements for college admission or earning an industry certification; (2) the student requests permission to enroll in an electronic course at a time that is not consistent with the enrollment period established by the school district or open-enrollment charter school providing the course; or (3) the district or school offers a substantially similar course. (c-1) A school district or open-enrollment charter school may decline to pay the cost for a student of more than three yearlong electronic courses, or the equivalent, during any school year. This subsection does not: (1) limit the ability of the student to enroll in additional electronic courses at the student's cost; or (2) apply to a student enrolled in a full-time online program that was operating on January 1, 2013. (d) Notwithstanding Subsection (c)(2), a school district or open-enrollment charter school that provides an electronic course through the state virtual school network under Chapter 30A shall make all reasonable efforts to accommodate the enrollment of a student in the course under special circumstances. (e) A parent may appeal to the commissioner a school district's or open-enrollment charter school's decision to deny a request to enroll a student in an electronic course offered through the state virtual school network. The commissioner's decision under this subsection is final and may not be appealed. (f) A school district or open-enrollment charter school from which a parent of a student requests permission to enroll the student in an electronic course offered through the state virtual school network under Chapter 30A has discretion to select a course provider approved by the network's administering authority for the course in which the student will enroll based on factors including the informed choice report in Section 30A.108(b). Sec. 26.004. ACCESS TO STUDENT RECORDS. (a) In this section, "intervention strategy" means a strategy in a multi-tiered system of supports that is above the level of intervention generally used in that system with all children. The term includes response to intervention and other early intervening strategies. (b) A parent is entitled to access to all written records of a school district concerning the parent's child, including: (1) attendance records; (2) test scores; (3) grades; (4) disciplinary records; (5) counseling records; (6) psychological records; (7) applications for admission; (8) medical records in accordance with Section 38.0095, including health and immunization information; (9) teacher and school counselor evaluations; (10) reports of behavioral patterns; and (11) records relating to assistance provided for learning difficulties, including information collected regarding any intervention strategies used with the child. (12) records relating to school library materials the child obtains from a school library. Sec. 26.005. ACCESS TO STATE ASSESSMENTS. Except as provided by Section 39.023(e), a parent is entitled to access to a copy of each state assessment instrument administered under Section 39.023 to the parent's child. Sec. 26.006. ACCESS TO TEACHING MATERIALS. (a) A parent is entitled to: (1) review all teaching materials, instructional materials, and other teaching aids used in the classroom of the parent's child, including while the child is participating in virtual or remote learning; (2) review each test administered to the parent's child after the test is administered; and (3) observe virtual instruction while the parent's child is participating in virtual or remote learning to the same extent the parent would be entitled to observe in-person instruction of the child. (b) A school district shall make tests readily available for review by parents in person and teaching materials readily available for review by parents both in person and, if applicable, through an instructional materials parent portal established under Section 31.154. In providing access to instructional materials to a student's parent under this section, the district shall: (1) allow access beginning not later than 30 days before the school year begins and concluding not earlier than 30 days after the school year ends; and (2) include, for the entire period specified in Subdivision (1), access to all instructional materials that pertain to each subject area in the grade level in which the student is enrolled, except for: (A) tests or exams that have not yet been administered to the student; and (B) the student's graded assignments. (b-1) The district may specify reasonable hours for in-person review. (c) A student's parent is entitled to request that the school district or open-enrollment charter school the student attends allow the student to take home any instructional materials used by the student. Subject to the availability of the instructional materials, the district or school shall honor the request. A student who takes home instructional materials must return the instructional materials to school at the beginning of the next school day if requested to do so by the student's teacher. A school district or open-enrollment charter school must provide the instructional materials to the student in printed format if the student does not have reliable access to technology at the student's home. In this subsection, "instructional material" has the meaning assigned by Section 31.002. (d) The requirement under Subsection (c) to provide to a student instructional materials in a printed format does not require a school district or open-enrollment charter school to purchase printed copies of instructional materials that the district or school otherwise would not purchase. A district or school may comply with Subsection (c) by providing the student a printout of the relevant electronic instructional materials. (e) Each school district and open-enrollment charter school that uses a learning management system or any online learning portal to assign, distribute, present, or make available instructional materials as defined by Section 31.002 to students shall provide login credentials to the system or portal to each student's parent. (f) A school district may not deny a parent access to an instructional materials parent portal hosted under Section 31.154. (g) Each school district and open-enrollment charter school shall post on the home page of the district's or school's Internet website a notice stating that a parent of a student enrolled in the district or school is entitled to review the materials described by Subsection (a)(1) and may request that the district or school make the materials available for review as provided by this section. Sec. 26.0061. RIGHT TO REQUEST INSTRUCTIONAL MATERIAL REVIEW. (a) The board of trustees of each school district shall establish a process by which a parent of a student, as indicated on the student registration form at the student's campus, may request an instructional material review under Section 31.0252 for a subject area in the grade level in which the student is enrolled. (b) A process established under Subsection (a): (1) may not require more than one parent of a student to make the request; (2) must provide for the board of trustees of the school district to determine if the request will be granted, either originally or through an appeal process; and (3) may permit the requesting parent to review the instructional material directly before the district conducts an instructional material review under Section 31.0252. (c) If the parents of at least 25 percent of the students enrolled at a campus present to the board of trustees of the school district in which the campus is located a petition for the board to conduct an instructional material review under Section 31.0252, the board shall, subject to Subsection (d), conduct the review, unless the petition is presented by the parents of less than 50 percent of the students enrolled at the campus and, by a majority vote, the board denies the request. A review conducted under this subsection shall include a review of instructional materials for each subject area or grade level specified in the petition. (d) The board of trustees of a school district is not required to conduct a review under this section for a specific subject area or grade level at a specific district campus more than once per school year. (e) Parental access to instructional material provided by an instructional material review conducted under this section is in addition to any other right to access instructional material granted by this title or school district policy. (f) The State Board of Education may adopt rules to implement this section. Added by Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 6, eff. June 13, 2023. Sec. 26.0062. REQUIRED DISCLOSURE REGARDING INSTRUCTIONAL PLAN. (a) Each school district shall adopt a policy to make available on the district's Internet website at the beginning of each semester an instructional plan or course syllabus for each class offered in the district for that semester. (b) The policy adopted under Subsection (a) must: (1) require each teacher to provide before the beginning of each semester a copy of the teacher's instructional plan or course syllabus for each class for which the teacher provides instruction to: (A) district administration; and (B) the parent of each student enrolled in the class; and (2) provide for additional copies of an instructional plan or course syllabus to be made available to a parent of a student enrolled in the class on the parent's request. Sec. 26.007. ACCESS TO BOARD MEETINGS. (a) A parent is entitled to complete access to any meeting of the board of trustees of the school district, other than a closed meeting held in compliance with Subchapters D and E, Chapter 551, Government Code. (b) A board of trustees of a school district must hold each public meeting of the board within the boundaries of the district except as required by law or except to hold a joint meeting with another district or with another governmental entity, as defined by Section 2051.041, Government Code, if the boundaries of the governmental entity are in whole or in part within the boundaries of the district. All public meetings must comply with Chapter 551, Government Code. Sec. 26.0071. PARENTAL ENGAGEMENT POLICY. Each board of trustees of a school district shall develop a parental engagement policy that: (1) provides for an Internet portal through which parents of students enrolled in the district may submit comments to campus or district administrators and the board; (2) requires the board to prioritize public comments by presenting those comments at the beginning of each board meeting; and (3) requires board meetings to be held outside of typical work hours. Sec. 26.008. RIGHT TO FULL INFORMATION CONCERNING STUDENT. (a) Except as provided by Section 38.004, a parent is entitled to: (1) full information regarding the school activities of a parent's child; and (2)notification not later than one school business day after the date a school district employee first suspects that a criminal offense has been committed against the parent's child. (b) An attempt by any school district employee to encourage or coerce a child to withhold information from the child's parent is grounds for discipline under Section 21.104, 21.156, or 21.211, or by the State Board for Educator Certification, if applicable. Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Sec. 26.0081. RIGHT TO INFORMATION CONCERNING SPECIAL EDUCATION AND EDUCATION OF STUDENTS WITH LEARNING DIFFICULTIES. (a) The agency shall produce and provide to school districts sufficient copies of a comprehensive, easily understood document that explains the process by which an individualized education program is developed for a student in a special education program and the rights and responsibilities of a parent concerning the process. The document must include information a parent needs to effectively participate in an admission, review, and dismissal committee meeting for the parent's child. (b) The agency will ensure that each school district provides the document required under this section to the parent as provided by 20 U.S.C. Section 1415(b): (1) as soon as practicable after a child is referred to determine the child's eligibility for admission into the district's special education program, but at least five school days before the date of the initial meeting of the admission, review, and dismissal committee; and (2) at any other time on reasonable request of the child's parent. (c) The agency shall produce and provide to school districts a written explanation of the options and requirements for providing assistance to students who have learning difficulties or who need or may need special education. The explanation must state that a parent is entitled at any time to request an evaluation of the parent's child for special education services under Section 29.004 or for aids, accommodations, or services under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794). Each school year, each district shall provide the written explanation to a parent of each district student by including the explanation in the student handbook or by another means. (d) Each school year, each school district shall notify a parent of each child, other than a child enrolled in a special education program under Subchapter A, Chapter 29, who receives assistance from the district for learning difficulties, including through the use of intervention strategies, as that term is defined by Section 26.004, that the district provides that assistance to the child. The notice must: (1) be provided when the child begins to receive the assistance for that school year; (2) be written in English or, to the extent practicable, the parent's native language; and (3) include: (A) a reasonable description of the assistance that may be provided to the child, including any intervention strategies that may be used; (B) information collected regarding any intervention in the base tier of a multi-tiered system of supports that has previously been used with the child; (C) an estimate of the duration for which the assistance, including through the use of intervention strategies, will be provided; (D) the estimated time frames within which a report on the child's progress with the assistance, including any intervention strategies used, will be provided to the parent; and (E) a copy of the explanation provided under Subsection (c). (e) The notice required under Subsection (d) may be provided to a child's parent at a meeting of the team established for the child under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), if applicable. Sec. 26.0082. SUPPLEMENTAL EDUCATIONAL SERVICES. (a) In this section, "rigorous research" means research that includes: (1) a study design that employs either a randomized controlled trial or a quasi-experimental design; (2) an adequate measure of outcomes; and (3) reliable and valid results. (b) As part of the annual notice a school district provides to parents under 20 U.S.C. Section 6316(e)(2)(A) concerning supplemental educational services, the district shall include information provided to the district by the agency that: (1) identifies characteristics of supplemental educational services that, based on rigorous research, have been demonstrated to be more likely to foster improvement in student academic performance, including information concerning the minimum number of hours of tutoring necessary for improved performance; and (2) sorts, for each subject for which supplemental educational services are provided, supplemental educational services providers serving district students according to the provider's level of effectiveness in improving student performance in the applicable subject area. (c) The agency shall develop and the commissioner by rule shall establish a process for approving and revoking approval for a supplemental educational services provider. The process must allow the agency to use any publicly available information from any published source in determining whether to approve an entity as a provider, except that the agency may not use information that is self-published or published by a provider for marketing purposes. (d) The agency shall maintain a publicly available list of approved providers. In accordance with standards established by commissioner rule, the agency shall promptly investigate a complaint against an approved provider and promptly remove from the list of approved providers a provider for which agency approval has been revoked. (e) Not later than the fifth business day after the date on which the agency removes a provider from the list of approved providers, the agency shall send notice of the removal to each appropriate school district. The district shall provide notice of the removal to parents of appropriate students. (f) A supplemental educational services provider for which agency approval has been revoked because the agency determines that the provider has engaged in fraudulent activity is permanently prohibited from acting as a provider in this state. Added by Acts 2013, 83rd Leg., R.S., Ch. 646 (H.B. 753), Sec. 1, eff. September 1, 2013. Sec. 26.0083. RIGHT TO INFORMATION REGARDING MENTAL, EMOTIONAL, AND PHYSICAL HEALTH AND HEALTH-RELATED SERVICES. (a) The agency shall adopt a procedure for school districts to notify the parent of a student enrolled in the district regarding any change in services provided to or monitoring of the student related to the student's mental, emotional, or physical health or well-being. (b) A procedure adopted under Subsection (a) must reinforce the fundamental right of a parent to make decisions regarding the upbringing and control of the parent's child by requiring school district personnel to: (1) encourage a student to discuss issues relating to the student's well-being with the student's parent; or (2) facilitate a discussion described under Subdivision (1). (c) A school district may not adopt a procedure that: (1) prohibits a district employee from notifying the parent of a student regarding: (A) information about the student's mental, emotional, or physical health or well-being; or (B) a change in services provided to or monitoring of the student related to the student's mental, emotional, or physical health or well-being; (2) encourages or has the effect of encouraging a student to withhold from the student's parent information described by Subdivision (1)(A); or (3) prevents a parent from accessing education or health records concerning the parent's child. (d) Subsections (a) and (c) do not require the disclosure of information to a parent if a reasonably prudent person would believe the disclosure is likely to result in the student suffering abuse or neglect, as those terms are defined by Section 261.001, Family Code. (e) A school district employee may not discourage or prohibit parental knowledge of or involvement in critical decisions affecting a student's mental, emotional, or physical health or well-being. (f) Any student support services training developed or provided by a school district to district employees must comply with any student services guidelines, standards, and frameworks established by the State Board of Education and the agency. (g) Before the first instructional day of each school year, a school district shall provide to the parent of each student enrolled in the district written notice of each health-related service offered at the district campus the student attends. The notice must include a statement of the parent's right to withhold consent for or decline a health-related service. A parent's consent to a health-related service does not waive a requirement of Subsection (a), (c), or (e). (h) Before administering a student well-being questionnaire or health screening form to a student enrolled in prekindergarten through 12th grade, a school district must provide a copy of the questionnaire or form to the student's parent and obtain the parent's consent to administer the questionnaire or form in the manner provided by Section 26.009(a-2). :(i) This section may not be construed to: (1) limit or alter the requirements of Section 38.004 of this code or Chapter 261, Family Code; or (2) limit a school district employee's ability to inquire about a student's daily well-being without parental consent. (j) Not later than June 30, 2026, the agency, the State Board of Education, and the State Board for Educator Certification, as appropriate, shall review and revise as necessary the following to ensure compliance with this section: (1) school counseling frameworks and standards; (2) educator practices and professional conduct principles; and (3) any other student services personnel guidelines, standards, or frameworks. (k) Subsection (j) and this subsection expire September 1, 2027. Sec. 26.0085. REQUESTS FOR PUBLIC INFORMATION. (a) A school district or open-enrollment charter school that seeks to withhold information from a parent who has requested public information relating to the parent's child under Chapter 552, Government Code, and that files suit as described by Section 552.324, Government Code, to challenge a decision by the attorney general issued under Subchapter G, Chapter 552, Government Code, must bring the suit not later than the 30th calendar day after the date the school district or open-enrollment charter school receives the decision of the attorney general being challenged. (b) A court shall grant a suit described by Subsection (a) precedence over other pending matters to ensure prompt resolution of the subject matter of the suit. (c) Notwithstanding any other law, a school district or open-enrollment charter school may not appeal the decision of a court in a suit filed under Subsection (a). This subsection does not affect the right of a parent to appeal the decision. (d) If the school district or open-enrollment charter school does not bring suit within the period established by Subsection (a), the school district or open-enrollment charter school shall comply with the decision of the attorney general. (e) A school district or open-enrollment charter school that receives a request from a parent for public information relating to the parent's child shall comply with Chapter 552, Government Code. If an earlier deadline for bringing suit is established under Chapter 552, Government Code, Subsection (a) does not apply. This section does not affect the earlier deadline for purposes of Section 532.353(b)(3) for a suit brought by an officer for public information. Added by Acts 1999, 76th Leg., ch. 1335, Sec. 8, eff. June 19, 1999. Sec. 26.009. CONSENT REQUIRED FOR CERTAIN ACTIVITIES. (a) An employee or contractor of a school district must obtain the written consent of a child's parent in the manner required by Subsection (a-2) before the employee or contractor may: (1) conduct a psychological or psychiatric examination or[,] test, or psychological or psychiatric treatment, unless the examination, test, or treatment is required under Section 38.004 or state or federal law regarding requirements for special education; (2) subject to Subsection (b), make or authorize the making of a videotape of a child or record or authorize the recording of a child's voice; (3) unless authorized by other law: (A) disclose a child's health or medical information to any person other than the child's parent; or (B) collect, use, store, or disclose to anyperson other than the child's parent a child's biometric identifiers; or (4) subject to Subsection (a-3), provide health care services or medication or conduct a medical procedure. (a-1) For purposes of Subsection (a): (1) "Biometric identifier" means a blood sample, hair sample, skin sample, DNA sample, body scan, retina or iris scan, fingerprint, voiceprint, or record of hand or face geometry. (2) "Psychological or psychiatric examination or test" means a method designed to elicit information regarding an attitude, habit, trait, opinion, belief, feeling, or mental disorder or a condition thought to lead to a mental disorder, regardless of the manner in which the method is presented or characterized, including a method that is presented or characterized as a survey, check-in, or screening or is embedded in an academic lesson. (3) "Psychological or psychiatric treatment" means the planned, systematic use of a method or technique that is designed to affect behavioral, emotional, or attitudinal characteristics of an individual or group. (a-2) Written consent for a parent's child to participate in a district activity described by Subsection (a) must be signed by the parent and returned to the district. A child may not participate in the activity unless the district receives the parent's signed written consent to that activity. (a-3) For the purpose of obtaining written consent for actions described by Subsection (a)(4) that are determined by a school district to be routine care provided by a person who is authorized by the district to provide physical or mental health-related services, the district may obtain consent at the beginning of the school year or at the time of the child's enrollment in the district. Unless otherwise provided by a child's parent, written consent obtained in accordance with this subsection is effective until the end of the school year in which the consent was obtained. (b) An employee or contractor of a school district is not required to obtain the consent of a child's parent before the employee or contractor may make a videotape of a child or authorize the recording of a child's voice if the videotape or voice recording is to be used only for: (1) purposes of safety, including the maintenance of order and discipline in common areas of the school or on school buses; (2) a purpose related to a cocurricular or extracurricular activity; (3) a purpose related to regular classroom instruction; (4) media coverage of the school; or (5) a purpose related to the promotion of student safety under Section 29.022. (c) Before the first instructional day of each school year, a school district shall provide to the parent of each student enrolled in the district written notice of any actions the district may take involving the authorized collection, use, or storage of information as described by Subsection (a)(3). The notice must: (1) include a plain language explanation for the district's collection, use, or storage of the child's information and the district's legal authority to engage in that collection, use, or storage; and (2) be signed by the parent and returned to the district. (d) A school district shall take disciplinary action against an employee responsible for allowing a child to participate in an activity described by Subsection (a)(4) if the district did not obtain a parent's consent for the child's participation in that activity. (e) A school district shall retain the written informed consent of a child's parent obtained under this section as part of the child's education records. (f) Nothing in this section may be construed to: (1) require an employee or contractor of a school district to obtain the written consent of a child's parent before verbally asking the child about the child's general well-being; or (2) affect the duty to report child abuse or neglect under Chapter 261, Family Code, or an investigation of a report of abuse or neglect under that chapter. Sec. 26.0091. REFUSAL OF PSYCHIATRIC OR PSYCHOLOGICAL TREATMENT OF CHILD AS BASIS OF REPORT OF NEGLECT. (a) In this section, "psychotropic drug" has the meaning assigned by Section 261.111, Family Code. (b) An employee of a school district may not use or threaten to use the refusal of a parent, guardian, or managing or possessory conservator of a child to administer or consent to the administration of a psychotropic drug to the child, or to consent to any other psychiatric or psychological testing or treatment of the child, as the sole basis for making a report of neglect of the child under Subchapter B, Chapter 261, Family Code, unless the employee has cause to believe that the refusal: (1) presents a substantial risk of death, disfigurement, or bodily injury to the child; or (2) has resulted in an observable and material impairment to the growth, development, or functioning of the child. Added by Acts 2003, 78th Leg., ch. 1008, Sec. 1, eff. June 20, 2003. Sec. 26.010. EXEMPTION FROM INSTRUCTION. (a) A parent is entitled to remove the parent's child temporarily from a class or other school activity that conflicts with the parent's religious or moral beliefs if the parent presents or delivers to the teacher of the parent's child a written statement authorizing the removal of the child from the class or other school activity. A parent is not entitled to remove the parent's child from a class or other school activity to avoid a test or to prevent the child from taking a subject for an entire semester. (b) This section does not exempt a child from satisfying grade level or graduation requirements in a manner acceptable to the school district and the agency. Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Sec. 26.011. GRIEVANCES [COMPLAINTS]. (a) The board of trustees of each school district shall adopt a grievance procedure that complies with Chapter 26A under which the board shall address each grievance [complaint] that the board receives concerning violation of a right guaranteed by this chapter, of a board of trustees policy, or of a provision of this title. (b) The board of trustees of a school district is not required by Subsection (a) or Section 11.1511(b)(13) to address a grievance [complaint] that the board receives concerning a student's participation in an extracurricular activity that does not involve a violation of a right guaranteed by this chapter, of a board of trustees policy, or of a provision of this title. This subsection does not affect a claim brought by a parent under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) or a successor federal statute addressing special education services for a child with a disability. Sec. 26.012. FEE FOR COPIES. The agency or a school district may charge a reasonable fee in accordance with Subchapter F, Chapter 552, Government Code, for copies of materials provided to a parent under this chapter. Sec. 26.0125. PARENT CONTACT INFORMATION REQUIRED. The parent of a student enrolled in a school district shall provide in writing to the district: (1) on enrollment of the student in the district and not later than two weeks after the beginning of each school year, the parent's address, phone number, and e-mail address; and (2) if the parent's contact information changes during the school year, not later than two weeks after the date the information changes, the parent's updated information. Sec. 26.013. STUDENT DIRECTORY INFORMATION. (a) A school district shall provide to the parent of each district student at the beginning of each school year or on enrollment of the student after the beginning of a school year: (1) a written explanation of the provisions of the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), regarding the release of directory information about the student; and (2) written notice of the right of the parent to object to the release of directory information about the student under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g). (b) The notice required by Subsection (a)(2) must contain: (1) the following statement in boldface type that is 14-point or larger: "Certain information about district students is considered directory information and will be released to anyone who follows the procedures for requesting the information unless the parent or guardian objects to the release of the directory information about the student. If you do not want [insert name of school district] to disclose directory information from your child's education records without your prior written consent, you must notify the district in writing by [insert date]. [Insert name of school district] has designated the following information as directory information: [Here a school district must include any directory information it chooses to designate as directory information for the district, such as a student's name, address, telephone listing, electronic mail address, photograph, degrees, honors and awards received, date and place of birth, major field of study, dates of attendance, grade level, most recent educational institution attended, and participation in officially recognized activities and sports, and the weight and height of members of athletic teams.]"; (2) a form, such as a check-off list or similar mechanism, that: (A) immediately follows, on the same page or the next page, the statement required under Subdivision (1); and (B) allows a parent to record: (i) the parent's objection to the release of all directory information or one or more specific categories of directory information if district policy permits the parent to object to one or more specific categories of directory information; (ii) the parent's objection to the release of a secondary student's name, address, and telephone number to a military recruiter or institution of higher education; and (iii) the parent's consent to the release of one or more specific categories of directory information for a limited school-sponsored purpose if such purpose has been designated by the district and is specifically identified, such as for a student directory, student yearbook, or district publication; and (3) a statement that federal law requires districts receiving assistance under the Elementary and Secondary Education Act of 1965 (20 U.S.C. Section 6301 et seq.) to provide a military recruiter or an institution of higher education, on request, with the name, address, and telephone number of a secondary student unless the parent has advised the district that the parent does not want the student's information disclosed without the parent's prior written consent. (c) A school district may designate as directory information any or all information defined as directory information by the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g). Directory information under that Act that is not designated by a district as directory information for that district is excepted from disclosure by the district under Chapter 552, Government Code. (d) Directory information consented to by a parent for use only for a limited school-sponsored purpose, such as for a student directory, student yearbook, or school district publication, if any such purpose has been designated by the district, remains otherwise confidential and may not be released under Chapter 552, Government Code. Added by Acts 2005, 79th Leg., Ch. 687 (S.B. 256), Sec. 1, eff. June 17, 2005. Sec. 26.015. POSTING OF INFORMATION REGARDING ADMINISTRATOR RESPONSIBLE FOR STUDENT DISCIPLINE. A school district shall post on the district's Internet website, for each district campus, the e-mail address and dedicated telephone number of a person clearly identified as: (1) the campus behavior coordinator designated under Section 37.0012; or (2) if the district has been designated as a district of innovation under Chapter 12A and is exempt from the requirement to designate a campus behavior coordinator under Section 37.0012 under the district's local innovation plan, a campus administrator designated as being responsible for student discipline. ”

How does Texas compare to other states?

This section compares Texas school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.

Book bans, removals, and restrictions

Twenty-three (23) states have no laws regulating the curation of school library books. Twenty-seven (27) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:

• Eleven states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
• Nine states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
• Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
• Five states require school boards to establish local boards to review challenges to library books.
• Two states require school boards to allow parents to view a catalogue of books.

Some states have adopted multiple types of these policies.

Discipline

• School boards in 47 states have authority over disciplinary policy in their district.
• School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
• Individual schools in one state create their own disciplinary policy.

School board elections

School boards' authority over the timing of school board elections varies by state.

• School boards in 42 states do not have authority over election timing;
• School boards in five states can choose from limited options when to hold school board elections;
• School boards in two states can choose from a date range when to hold school board elections;
• The school board in Hawaii is not elected.

The map below shows the types of authority school boards in the states have to determine the timing of school board elections.

Charter schools

See also: Charter schools in the United States

Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.

• 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
• 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
• 3 states do not have laws governing charter school authorization.
• 1 state allows school districts to apply to the state board of education to be a charter school district.

State cellphone laws

See also: State policies on cellphone use in K-12 public schools

In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.

Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.

Parents' Bill of Rights

See also: Parents' Bill of Rights in education

If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.

• 26 states have enacted a statewide Parents' Bill of Rights
• 24 states have not enacted a Parents' Bill of Rights.

Noteworthy events

See also: Overview of trends in K-12 curricula development

• Judge issues temporary injunction on enforcement of Ten Commandments display laws in 11 Texas school districts (2025): A United States District Court for the Western District of Texas San Antonio Division judge issued a temporary injunction on the implementation of Senate Bill 10 on August 20, 2025, blocking for 11 school districts the requirement to display a copy of the Ten Commandments in public K-12 classrooms. The ruling named only the districts in which the families who filed the suit live. The judge struck down the law under the 14th Amendment, ruling that the law impermissibly took sides on religious questions.

• Texas student launches petition against state cellphone ban (2025): A Texas high schooler launched a petition for lawmakers to reconsider the cellphone ban policy passed in June 2025. The petition gained over 135,000 signatures from students and parents as of August 18, 2025, citing safety concerns in the event of an emergency.

• Texas requires school districts to adopt ban on diversity, equity, inclusion activities and prohibit school employees from assisting students in social transition (2025): Texas Governor Greg Abbott (R) signed Senate Bill (SB) 6 on June 20, 2025, that required school district boards to adopt policies prohibiting diversity, equity, and inclusion duties. Boards must also prohibit school employees from assisting students in a social transition, or the adoption of a different name, different pronouns, or other expressions of gender different from the student's biological sex at birth. The bill also amends the state's Parents' Bill of Rights to require school boards to develop a plan to enhance parental involvement in schools, among other provisions, and requires them to establish a policy to address grievances brought against the district.

• Texas adopts cellphone ban (2025): Texas Governor Greg Abbott (R) signed House Bill (HB) 1481 on June 20, 2025, requiring districts to establish policies prohibiting cellphone use during the school day, with exceptions for individualized education plans and compliance with safety protocol.

• Texas district approves new sex education curriculum (2024): The Fort Worth Independent School District Board of Trustees approved a new sex education curriculum on February 27, 2024, titled "Choosing the Best," after the board suspended sex education in Fort Worth schools in January 2023. Choosing the Best's publisher contended that the curriculum was abstinence-centered and not abstinence-only, including information about contraceptives. Law required parents to opt in for their Fort Worth students to participate in sex education.

• Texas Education Board votes to remove sexually explicit books from school libraries (2023): The Texas State Board of Education voted 13-1 on December 13, 2023, to approve the state's first mandatory school library collection development standards, which barred schools from acquiring books deemed sexually explicit. Texas HB 900, passed June 13, 2023, required the State Board of Education to approve the collection standards before they could be implemented.

• Texas State Board of Education withheld approval of science textbooks with climate change lessons (2023): The Texas State Board of Education voted on November 17, 2023, along party lines to withhold approval of several science textbooks that taught lessons on climate change. The board members who voted against the textbook argued that they unfairly assumed fossil fuels caused climate change and blamed oil and gas companies. Board member Aicha Davis (D) argued that the board's decision was not objective and sought to protect oil and gas interests. Some textbooks discussing climate change were approved on the condition that "changes be made to the content regarding topics that included energy, fossil fuels, and evolution," according to KXAN Austin.

• Texas implements fentanyl awareness curriculum (2023): Texas launched a new fentanyl awareness curriculum in public schools as part of an anti-drug program in response to HB 3908, which Governor Greg Abbott (R) signed into law on June 17, 2023. The bill proposed requiring Texas public schools to offer a minimum of 10 hours of instruction each year on fentanyl and drug abuse prevention for grades six through 12. It also proposed requiring the state to enact a fentanyl poisoning awareness week.

• Texas implements bill prohibiting sexually explicit materials in school libraries (2023): Texas Governor Greg Abbott (R) signed Texas HB 900 into law on June 13, 2023, which prohibited certain materials that the legislation defined as sexually explicit from school libraries.

• Texas State Board of Education approves changes to social studies curriculum (2022): The Texas State Board of Education (SBOE) on September 26, 2022, voted 8-5 to approve changes to public education curriculum guidelines that aim to align with the requirements set forth in SB 3, which was signed into law in 2021 and prohibits instruction stating that an individual is inherently racist, sexist, or oppressive, whether consciously or unconsciously, among other provisions.

• Texas school district limits discussions of race and gender, pronoun use, and certain books (2022): The Grapevine-Colleyville Independent School District in Texas on August 22, 2022, approved a policy by a 4-3 vote that allowed educators to use pronouns that align with a student’s biological sex rather than their gender identity; prohibited transgender students from using bathrooms that align with their gender identity; barred teachers from including political advocacy in their curriculum and awarding students academic credit for political activism; prohibited K-5 students from engaging in classroom discussions regarding sexual orientation, gender identity, and race; permitted school board members and parents to oppose library materials; and authorized the school board to put off reconsidering banned books for at least a decade.

• States flag model reading curriculum's race and gender content (2022): Education officials in Florida and Texas, among other Republican-led states, that had planned to adopt "Units of Study"—a model reading curriculum developed by Columbia University professor Lucy Calkins that aimed to emphasize phonics in K-2 literacy education—in the 2022-2023 school year flagged the program for contradicting state laws that aimed to ban divisive concepts from K-12 education. The publishing company, Heinemann, later announced that they would delay publication and begin editing the curriculum materials. A statement released by the publishing company in July 2022 announced that “a comprehensive editorial review of the upcoming edition of ‘Units of Study’ [was] being conducted, in strict adherence to H.M.H.’s content, equity, inclusion and diversity guidelines,” according to The New York Times. The revised curriculum was published in the fall of 2022 after changes were made to the model.

See also

• Local school board authority across the 50 states
• K-12 curriculum authority, requirements, and statutes in the states
• State policies on cellphone use in K-12 public schools
• Rules governing school board election dates and timing
• Charter schools
• School choice
• Parents' Bill of Rights in education
• Ballotpedia:Index of Contents
• Support our work

Footnotes

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