Texas Education Code - Section 7.055. Commissioner Of Education Powers And Duties
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§ 7.055. COMMISSIONER OF EDUCATION POWERS AND
DUTIES. (a) The commissioner has the powers and duties provided by
Subsection (b).
(b)(1) The commissioner shall serve as the educational leader
of the state.
(2) The commissioner shall serve as executive officer
of the agency and as executive secretary of the board.
(3) The commissioner shall carry out the duties
imposed on the commissioner by the board or the legislature.
(4) The commissioner shall prescribe a uniform system
of forms, reports, and records necessary to fulfill the reporting
and recordkeeping requirements of this title.
(5) The commissioner may delegate ministerial and
executive functions to agency staff and may employ division heads
and any other employees and clerks to perform the duties of the
agency.
(6) The commissioner shall adopt an annual budget for
operating the Foundation School Program as prescribed by Subsection
(c).
(7) The commissioner may issue vouchers for the
expenditures of the agency and shall examine and must approve any
account to be paid out of the school funds before the comptroller
may issue a warrant.
(8) The commissioner shall file annually with the
governor and the Legislative Budget Board a complete and detailed
written report accounting for all funds received and disbursed by
the agency during the preceding fiscal year.
(9) The commissioner shall have a manual published at
least once every two years that contains Title 1 and this title, any
other provisions of this code relating specifically to public
primary or secondary education, and an appendix of all other state
laws relating to public primary or secondary education and shall
provide for the distribution of the manual as determined by the
board.
(10) The commissioner may visit different areas of
this state, address teachers' associations and educational
gatherings, instruct teachers, and promote all aspects of education
and may be reimbursed for necessary travel expenses incurred under
this subdivision to the extent authorized by the General
Appropriations Act.
(11) The commissioner may appoint advisory
committees, in accordance with Chapter 2110, Government Code, as
necessary to advise the commissioner in carrying out the duties and
mission of the agency.
(12) The commissioner shall appoint an agency auditor.
(13) The commissioner may provide for reductions in
the number of agency employees.
(14) The commissioner shall carry out duties relating
to the investment capital fund under Section 7.024.
(15) The commissioner shall review and act, if
necessary, on applications for waivers under Section 7.056.
(16) The commissioner shall carry out duties relating
to regional education service centers as specified under Chapter 8.
(17) The commissioner shall distribute funds to
open-enrollment charter schools as required under Subchapter D,
Chapter 12.
(18) The commissioner shall adopt a recommended
appraisal process and criteria on which to appraise the performance
of teachers, a recommended appraisal process and criteria on which
to appraise the performance of administrators, and a job
description and evaluation form for use in evaluating counselors,
as provided by Subchapter H, Chapter 21.
(19) The commissioner shall coordinate and implement
teacher recruitment programs under Section 21.004.
(20) The commissioner shall perform duties in
connection with the certification and assignment of hearing
examiners as provided by Subchapter F, Chapter 21.
(21) The commissioner shall carry out duties under the
Texas Advanced Placement Incentive Program under Subchapter C,
Chapter 28.
(22) The commissioner may adopt rules for optional
extended year programs under Section 29.082.
(23) The commissioner shall monitor and evaluate
prekindergarten programs and other child-care programs as required
under Section 29.154.
(24) The commissioner, with the approval of the board,
shall develop and implement a plan for the coordination of services
to children with disabilities as required under Section 30.001.
(25) The commissioner shall develop a system to
distribute to school districts or regional education service
centers a special supplemental allowance for students with visual
impairments as required under Section 30.002.
(26) The commissioner, with the assistance of the
comptroller, shall determine amounts to be distributed to the Texas
School for the Blind and Visually Impaired and the Texas School for
the Deaf as provided by Section 30.003 and to the Texas Youth
Commission as provided by Section 30.102.
(27) The commissioner shall establish a procedure for
resolution of disputes between a school district and the Texas
School for the Blind and Visually Impaired under Section 30.021.
(28) The commissioner shall perform duties relating to
the funding, adoption, and purchase of textbooks under Chapter 31.
(29) The commissioner may enter into contracts
concerning technology in the public school system as authorized
under Chapter 32.
(30) The commissioner shall adopt a recommended
contract form for the use, acquisition, or lease with option to
purchase of school buses under Section 34.009.
(31) The commissioner shall ensure that the cost of
using school buses for a purpose other than the transportation of
students to or from school is properly identified in the Public
Education Information Management System (PEIMS) under Section
34.010.
(32) The commissioner shall perform duties in
connection with the public school accountability system as
prescribed by Chapter 39.
(33) Repealed by Acts 1999, 76th Leg., ch. 397, § 8,
eff. Sept. 1, 1999.
(34) The commissioner shall perform duties in
connection with the equalized wealth level under Chapter 41.
(35) The commissioner shall perform duties in
connection with the Foundation School Program as prescribed by
Chapter 42.
(36) The commissioner shall establish advisory
guidelines relating to the fiscal management of a school district
and report annually to the board on the status of school district
fiscal management as required under Section 44.001.
(37) The commissioner shall review school district
audit reports as required under Section 44.008.
(38) The commissioner shall perform duties in
connection with the guaranteed bond program as prescribed by
Subchapter C, Chapter 45.
(39) The commissioner shall cooperate with the Texas
Higher Education Coordinating Board in connection with the Texas
partnership and scholarship program under Subchapter P, Chapter 61.
(40) The commissioner shall suspend the certificate of
an educator or permit of a teacher who violates Chapter 617,
Government Code.
(41) The commissioner shall adopt rules relating to
extracurricular activities under Section 33.081 and approve or
disapprove University Interscholastic League rules and procedures
under Section 33.083.
(c) The budget the commissioner adopts under Subsection (b)
for operating the Foundation School Program must be in accordance
with legislative appropriations and provide funds for the
administration and operation of the agency and any other necessary
expense. The budget must designate any expense of operating the
agency or operating a program for which the board has
responsibility that is paid from the Foundation School Program.
The budget must designate program expenses that may be paid out of
the foundation school fund, other state funds, fees, federal funds,
or funds earned under interagency contract. Before adopting the
budget, the commissioner must submit the budget to the board for
review and, after receiving any comments of the board, present the
operating budget to the governor and the Legislative Budget Board.
The commissioner shall provide appropriate information on proposed
budget expenditures to the comptroller to assure that all payments
are paid from the appropriate funds in a timely and efficient
manner.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, § 6.01, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1423, § 5.01, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 397, § 8, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 1420, § 4.001(a), eff. Sept. 1, 2001.
Section: 7.027 7.028 7.051 7.052 7.053 7.054 7.055 7.056 7.057 7.058 7.059 7.060 7.101 7.102
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Last modified: August 10, 2007
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