BAA (TSBVI) – Board Legal Status: Powers and Duties

The education codes that outline the appointment and eligibility of board members.

Note: This policy addresses the powers and duties of the Board set forth in Education Code Chapter 11, Subchapter D. For other powers and duties of the Board not listed below, see the applicable policy codes.

The trustees, as a body corporate, have the exclusive power and duty to govern and oversee the management of TSBVI. The trustees may adopt rules and bylaws necessary to carry out these powers and duties. All powers and duties not specifically delegated by statute to TEA or the State Board of Education are reserved for the Board. Education Code 11.151(b), (d), 630.022


The Board shall:


Govern and oversee the management of the School conducting itself as an independent school district to the extent the operations do not conflict with the School’s status as a state agency with a student population of 100% special education students. Education Code 11.151(b); 30.022(d)

Vision Statement and Comprehensive Goals

Adopt a vision statement and comprehensive goals for the School and the Superintendent and monitor progress toward the School’s comprehensive goals. Education Code 11.1511(b)(2); 30.022(d)

Performance Goals

Establish performance goals for the School concerning any performance indicators adopted by the School as required for the School as a member of the Texas public education system and as a state agency. Education Code 11.1511(b)(3); 30.022(d)

Oversee Academic Achievement and Leadership

Provide oversight regarding student academic achievement and strategic leadership for maximizing student performance. Education Code 11.1515 [See AIB]

Collaboration with the Superintendent

The Board and the Superintendent shall work together to:

  1. Advocate for the high achievement of all TSBVI students;
  2. Create and support connections with community and state organizations to provide support for the high achievement of all TSBVI students;
  3. Provide educational leadership for the School, including leadership in developing the School vision statement and long-range educational plan;
  4. Establish schoolwide policies and annual goals that are tied directly to the School’s vision statement and long-range educational plan;
  5. Support the professional development of principals, teachers, and other staff; and
  6. Periodically evaluate board and superintendent leadership, governance, and teamwork.

Education Code 11.1512(b); 30.022(d)

Superintendent Accountability

The Board shall 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 School operations. Education Code 11.051(a) [see BJA]

The Board shall ensure that the Superintendent:

  1. Is accountable for achieving performance results;
  2. Recognizes performance accomplishments; and
  3. Takes action as necessary to meet performance goals. [See BJA]

Education Code 11.1511(b)(4); 30.022(d)

Annual Superintendent Appraisal

Appraise the Superintendent annually using either the Commissioner’s recommended appraisal process or a process and criteria developed by the Board. Education Code 21.354(c); 30.022(d)

Planning and Decision-Making Process

Adopt a policy to establish a School planning and decision-making process as required under Education Code 11.251 [See BQ series]. Education Code 11.1511(b)(5); 11.251(b); 30.022(d)

Performance Report

Publish an annual report describing the educational performance of the School, including the School’s performance objectives and progress toward these objectives and any additional information to be determined by the Board. 19 TAC 97.1012(e)(1).

Financial Procedures

Monitor School finances to ensure that the Superintendent is properly maintaining the School’s financial procedures and records. Education Code 11.1511(b)(9); 30.022(d) [See CF series]

Financial Report

Prepare an annual financial report in accordance with the requirements established by the Comptroller of Public Accounts. Publish an end-of-year financial report for distribution to the public. Gov’t Code 2101.011 [See CFA]


Adopt an annual budget for the School as required under Education Code 30.022(d); General Appropriations Act, Art IX, Sec. 7.01(a)(1). [See CE]

Legislative Appropriations Request

Approve biennial legislative appropriations request for the School for presentation to the Legislature. Education Code 30.022(e)

Internal Auditor

Select the School’s internal auditor. The internal auditor shall report directly to the Board. Gov’t Code 2102 [See DC]

Collaboration with Other Public Entities

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 Texas.

Title to Property

Hold all rights and titles to School property subject to the provisions of state laws and the authority of the Texas General Land Office. Education Code 11.151(c); 30.022(h)


Adopt a policy providing for the employment and duties of TSBVI employees. Make decisions relating to terminating the employment of School employees employed under a contract to which Education Code Chapter 21 applies, including terminating or not renewing an employment contract to which that chapter applies. Education Code 11.1511(b)(14); 30.022(d) [See DF Series]

Restrictions on Written Reports

Limit redundant requests for information and the number and length of written reports that a classroom teacher is required to prepare. The board shall review paperwork requirements imposed on classroom teachers and transfer to existing non- instructional staff a reporting task that can reasonably be accomplished by that staff. Education Code 11.164(a)(b); 30.022(d) [See DLB]


By rule, adopt an efficient process through which School personnel, students or the parents or guardians of students, and members of the public may obtain a hearing from School administrators and the Board regarding a complaint. Education Code 11.1511(b); 30.022(d) [See DGBA, FNG & GF]

Relationships with Outside Entities

  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 State of Texas. Education Code 11.1511(b)(1); 30.022(d)
  2. Adopt a cybersecurity policy. Education Code 11.175 [“See CQB]
  3. Adopt early childhood literacy and mathematics proficiency plans. Education Code 11.185 [See EA]
  4. Adopt college and career readiness plans. Education Code 11.186 [See EA]

Other Powers and Duties

Carry out other powers and duties as provided by the Education Code or other law.


The Board may:

Appearance at Board Meetings or Public Hearings

Require TSBVI’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. Education Code 11.1511(d) [See BJA regarding prohibition of superintendent interference]


Enter into contracts as authorized under the Government Code and other laws and delegate contractual authority to the Superintendent as appropriate. Education Code 11.1511(c)(4); 11.157; 30.022(d)


Receive bequests and donations or other monies or funds coming legally into its hands in the name of the School. A conveyance, devise, or bequest of property for the benefit of the public schools, if not otherwise directed by the donor, vests the property in the board or their successors in office. Education Code 11.151(a), .156; 30.022(d) [See CDC]

Sale of Property

Authorize the sale of any property, other than minerals, held in trust, subject to approval by the Comptroller of Public Accounts and/or General Land Office as required by state law. Education Code 11.154(a), 30.022(d); Article IX of the General Appropriations Act.

Mineral Rights

Execute an oil and/or gas lease or sell, exchange, and convey the minerals, or any part thereof, in land belonging to the School upon terms the Trustees deem advisable by passage of a resolution and which the General Land Commissioner approves. Chapter 34, Subchapter H of Chapter 52 and Natural Resources Code Section 52.133

Attorney General Representation

Request the assistance of the Texas Attorney General on any legal matter. The School must pay any costs associated with the assistance that the Attorney General might charge. Education Code 11.151(e); Gov’t Code 402.021,.042; Art 4§22 Tx. Constitution; General Appropriations Act §16.01(a)(1)


Sue and be sued in the name of the School. Education Code 11.151(a); 30.022(d)

Operation of a School or Program

Operate a school or program, including an extracurricular program, or hold a class within the boundaries of the State of Texas. Education Code 11.167, 30.022 [See GNA]

Board Self-Evaluation

Use the Board evaluation and improvement tool developed by the commissioner of education. Education Code 11.182 [See BG]

Restrictions on Board Powers and Duties

The School shall not lend its credit or gratuitously grant public money or thing of value in aid of any individual, association, or corporation. Tx. Constitution Art. III, Sec. 51; Brazoria County v. Perry, 537 S.W. 2d 89 (Civ. App. 1976)

The School shall not grant any extra compensation, fee, or allowance to a public officer, agent, servant, or contractor after service has been rendered or a contract entered into and performed in whole or in part. Nor shall the School pay or authorize the payment of any claim against the School under any agreement or contract made without authority of law. Tx. Constitution Art. III, Sec. 44; Harlingen ISD v. C.H. Page and Bro., 48 S.W. 2d 983 (Comm. App. 1932)

No public funds of the School may be spent in any manner other than as provided for in the budget adopted by the Board.

Education Code 30.022(d); General Appropriations Act, Art. IX, Sec. 1.01

The Board may not enter into an agreement authorizing the use of school employees, property, or resources for the provision of materials or labor for the design, construction, or renovation of improvements to real property not owned or leased by TSBVI. Education Code 11.168 [See CE]

Adopted: 11/9/79

Amended: 1/11/80, 6/29/84, 3/22/91, 11/13/92, 5/26/94, 11/15/96, 11/6/98, 1/24/02, 11/19/04, 11/16/07, 1/31/14, 4/6/18, 1/31/20

Reviewed: 11/21/03