GOVT 2306
Education Policy in Texas
By now, you should be familiar
with the complex nature of Texas
government.
A look at the public education
system in the state confirms this
complexity. All levels of
government have some input into
the public education in the state.
In this section we will look at those
respective roles and the various
institutions involved in
establishing, implementing and
funding public education policy
mostly in the state and local areas
– but in a limited sense on the
national level as well.
The goal is to familiarize you with
these institutions, the roles they
play and the dominant issues
concerning public education in the
state.
Remember that this class – as well
as 2305 – started with a discussion
of the role education is supposed
to play in a democratic republic.
An educated population is
necessary in order to maintain it.
"If a nation expects to be ignorant
and free, in a state of civilization, it
expects what never was and never
will be.“ – Thomas Jefferson.
The writers of the Texas
Declaration of Independence
thought along similar lines. The
lack of a public education system
was one of the grievance the
Texans had against the Mexican
Government.
So does that means that education
is a fundamental right?
In San Antonio Independent School
District v. Rodriquez, the Supreme
Court ruled that it isn’t.
And a related question: What –
exactly – is the purpose of
education?
Some of the nation’s founders saw
education as necessary for the
preservation of the republic. You may recall
the following quote from Jefferson’s
proposed bill for a general diffusion of
knowledge in the state of Virginia.
Whereas it appeareth that however certain forms of
government are better calculated than others to protect
individuals in the free exercise of their natural rights, and
are at the same time themselves better guarded against
degeneracy, yet experience hath shewn, that even under the
best forms, those entrusted with power have, in time, and
by slow operations, perverted it into tyranny; and it is
believed that the most effectual means of preventing this
would be, to illuminate, as far as practicable, the minds of
the people at large, and more especially to give them
knowledge of those facts, which history exhibiteth, that,
possessed thereby of the experience of other ages and
countries, they may be enabled to know ambition under all
its shapes, and prompt to exert their natural powers to
defeat its purposes . . .
Education was also seen as
necessary to the expansion of
popular participation.
As disenfranchised populations earned the
right to vote, there were concerns that
their decisions would be rational. Proper
education would ensure that that would be
the case.
Since then, public education has
played a great many more roles.
Today schools are expected to augment the
economy by providing students with marketable
skills, provide custodial services for parents
while they work, provide sports and other
entertainments for the community, address
racial tension and teach students auxiliary skills
like driving.
There are ongoing questions regarding
whether schools can in fact do these
well, and if they cannot, what
institutions can do a better job.
Additionally, does society expect too
much from schools? Have we taken
schools far afield from their original
purposes?
Let’s now have a quick look at
education policy within our federal
system. What are the different
roles played by each level of
government?
The role of the national
government is in education very
limited.
Education is considered to fall under the reserved
powers and is primarily implemented and financed at
the state and local levels. But national involvement in
education policy has increased since World War 2, and
especially since the launch of Sputnik in 1957 led to
concerns that the US was falling behind other nations
in math and science. (See Wikipedia’s Education in the
United States)
The word “education” is not in the
Constitution so some argue that this is
proof that the national government should
not be involved in education at all.
Others argue that it fits within loose
interpretations of the commerce and
necessary and proper clauses. National
involvement is sometimes justified under
the equal protection clause of the 14th
Amendment. Brown v Board, for example.
The national government does not run
schools (though Jefferson and others
promoted the establishment of a
national university). It has instead
primarily focused on ensuring that
certain standards are maintained and
that public schooling is available to all
students regardless of race, ethnicity
and gender etc…
Some funding – in the form of
grants – are made available to
public schools in order to promote
certain nationally defined
objectives.
GAO Report: Overview of Funding
ED.gov: 10 Facts about K-12 Funding
But the national government
promoted education since prior to
the ratification of the Constitution
The Northwest Ordinance stated: “Religion,
morality, and knowledge, being necessary
to good government and the happiness of
mankind, schools and the means of
education shall forever be encouraged.”
Sample laws:
The Morrill Land Grant Act of 1862
Freedmen’s Bureau
Office of Education
Smith-Hughes Act
Lanham Community Facilities Act
Serviceman’s Readjustment Act
For a look at some history, click
here:
Federal Education Policy and the
States, 1945 - 2005
The Department of Health,
Education and Welfare was
established in 1953. In 1979, a
separate Department of Education
was created.
It is the smallest of the Cabinet
level departments.
It’s mission: “to establish policy for,
administer and coordinate most
federal assistance to education,
collect data on US schools, and to
enforce federal educational laws
regarding privacy and civil rights.”
A recent, controversial, example
has been No Child Left Behind. It
requires schools that receive
federal funding administer annual
standardized tests to all students.
Good idea? Bad idea?
More recent:
Race to the Top
How well does the US do versus
other countries in education? Here
are some sites that address that
question:
U.S. Ed Spending and Performance v. the World.
While K-12 scores in the US lag
those of other nations, the US has
most of the top universities in the
world.
State involvement in education
policy involves, first, establishing
that education is needed, and
second, authorizing the creation of
public schools.
This page from the TSHA might
help give you background on
education policy in the state:
Education. The Wikipedia entry on
Education in Texas is worth a look
as well.
And for various current stories
regarding K-12 in Texas click here:
Texas Tribune - Public Education
There are two categories of public
schools:
K-12 and Higher Education
They are distinct and are organized
in different ways.
K-12
There are almost 5 million students
in public schools (K-12) in Texas
and just less than 250,000 students
in private schools. Click here for
other statistics.
K-12 (Kindergarten to 12th Grade) covers
primary and secondary education in the
state. Education is provided by elementary,
middle and high schools that are organized
under 1,089 independent school districts.
These were discussed earlier, they are
separate governing districts with the
power to collect tax revenue in order to
pay for public schools and impose its laws
on a community – truancy etc…
K-12 schools are funded through a
combination of state and local funds. It
begins with the property taxes collected by
the ISD’s. These are supplemented with
state funding in order to provide a degree
of equity across ISDs. Some federal funding
is also provided in order to assist
disadvantaged populations.
- Click here for thorough detail of the
funding process.
The ISD is an interesting entity.
They implement state laws, but are
overseen by locally elected boards
that have the authority to make
hiring decisions and set tax rates.
This means that states laws are
implemented in accordance with
local preferences and values.
There are many ISDs in the local
area. Here are links to a few
Alvin ISD
Houston ISD (Wikipedia)
Pearland ISD
The ISDs have the authority to hire
superintendents who directly
manages day to day affairs of the
ISDS.
Harris County contains over 20
ISDs.
Question: Is this the most efficient
way to run K-12? On the other
hand, is this the best way to
maximize local control of public
education.
As a result, there can be a great
variance in the quality of
educational institutions. The
quality of management can differ,
as well as the amount of funds
made available to the schools.
Click here for the list of ISD’s in the state.
Two key terms
Tax Rate: The percentage at which
a person or business is taxed.
Tax Base: The assessed value of
taxable property.
Difference in the quality of
education across ISD’s can often be
due to the fact that the tax base in
some ISD’s is higher than others.
They can afford higher quality
education.
Inequity in public school financing
has been controversial, and has
been the subject of court cases,
such as the previously mentioned
San Antonio Independent School
District v. Rodriquez.
The most noteworthy court case
involving unequal financing was
Kirby v Edgewood. The court
agreed that public school financing
violated the Texas Constitution and
the Texas Legislature developed
the Robin Hood plan in order to
make financing more equitable.
Here is a guide to the various
lawsuits filed in the state as a
consequence of the recent $5.4
billion cut to public schools in the
state. Most center on the question
whether the legislature violated
the Texas Constitution by cutting
the budget that much.
The Constitution requires “that the
state provide efficient and
adequate funding for public
schools.”
Have the cuts undermined that?
In 2006, the Texas Legislature
placed a cap on how much districts
can raise property taxes.
Does this inhibit the ability of
school districts to provide quality
education?
Is this also a constitutional
violation of the equal protection
clause of the US Constitution?
This court cases dealt with
segregated schools in the state.
Delgado v. Bastrop ISD
More numbers:
Texas Public Schools: 8,317
Texas Elementary Schools: 4,001
Texas Middle Schools: 1,591
Texas High Schools: 1,445
There are also a number of charter
schools in the state. These were
authorized in 1995 in order to
provide flexibility in the design of
K-12 schools. These schools are
authorized by unique charters that
state what the specific goals of the
schools are.
- Here is a list of Charter Schools in Houston.
One of the more famous examples
in the Houston area is KIPP
Academy.
See the Wikipedia entry here.
Proponents argue that charter schools
allow for innovation in providing
education and need to be expanded,
but critics question whether charter
schools are better than mainstream
public schools. Others argue that they
allow religious groups to provide
public education, which can violate the
establishment clause.
Magnet schools have also been
developed to allow students to
focus on certain subjects.
Other area of controversy:
School Vouchers
Pro/Con
And another: homeschooling.
And some general sources of
information about K-12 in Texas.
Localschooldirectory.com
K-12 education policy in the state –
as with all other policies - is the
responsibility of the Texas
Legislature, these two committees
have jurisdiction over bills
pertaining to K-12:
- Senate Committee on Education
- House Public Education Committee
The implementation of state laws
are overseen by the Texas
Education Agency (TEA), which is
itself overseen by the State Board
of Education (SBOE).
The legislature defers a great many
policy decisions – such as curriculum to these two institutions.
The TEA was established in 1949
during a period when education
was reformed in the state. These
reforms were contained in the
Gilmer Aikin Act.
For more on the TEA click on these:
wikipedia
TSHA
Texas Tribune
The TEA is headed by a
commissioner that is appointed to
four years terms by the Governor –
subject to confirmation by the
Texas Senate.
Question: Should the commissioner be
appointed or elected separately like the
Attorney General and other positions? Does the
Governor have too much power over K-12 as a
consequence?
The State Board of Education
oversees the TEA. It is composed of
15 members elected from single
members districts across the state
for four year overlapping terms.
Question: Should they be elected or appointed?
Is an elected board likely to be knowledgeable
enough to make good decisions regarding
education in the state, or is that not the point?
“The board devises policies and
sets academic standards for Texas
public schools as well as oversees
the $17.5 billion Permanent School
Fund and selects textbooks for
Texas' 4.7 million schoolchildren.”
For more on the SBOE click on
these:
wikipedia
Texas Tribune: Topics
The SBOE has been at the center of
conflicts involving K-12 curriculum,
especially of science and history.
The SBOE has also been involved in
the promotion of standardized
testing.
Are standardized tests flawed?
Higher Ed
Texas Tribune
Higher Education
The Texas Constitution also
authorizes the establishment of a
variety of institutions of higher
education.
These come in various types
Community and Technical Colleges
Universities
Professional Schools
One major difference between K-12
and Higher Ed is that students pay
tuition (you probably already knew
that).
Community Colleges also have the
ability to collect taxes from specifically
drawn districts – much like an ISD.
Neither universities have this ability.
We will review the language in the
Constitution which establishes this
power below.
Community Colleges, since they
impose property taxes in a defined
area, have locally elected boards.
These boards are responsible for
overseeing college operations and
setting the tax rate.
Click here for a map of Texas Community
College Service Districts.
They have three sources of
revenue
1 – local property taxes
2 – state funds
3 - tuition
Community Colleges offer – with a
few exceptions – two year degrees
and are teaching institutions
primarily. They educate students in
order to help them transfer to four
year schools or to provide technical
training for a defined career.
Relevant Interest Group: Texas
Association of Community Colleges
State universities do not collect
local property taxes. Their primary
funding sources are student tuition
and the state.
Major universities often receive
federal funding oriented to
research purposes.
This leads to a controversy. Are
universities primarily oriented
towards teaching or research? Can
they do both?
Universities are also overseen by
boards – Boards of Regents. But
these are appointed, not elected.
They are appointed by the
Governor subject to approval by
the Senate. Click here for UT’s
regents.
- Click here for a list of community colleges
in the state.
- Click here for a list of Universities and
Health Related Institutions
- Wikipedia’s List of colleges and
universities in Texas
Higher Ed policy in the state is also,
ultimately, the responsibility of the Texas
Legislature. These two committees have
jurisdiction over bills pertaining to higher
education:
- Senate Committee on Higher Education
- House Higher Education Committee
Much of this has been delegated to
the Higher Education Coordinating
Board.
For more info on the THECB
TSHA
Wikipedia
Texas Tribune Topics
“The Texas Higher Education Coordinating Board
was created by the Texas Legislature in 1965 to
‘provide leadership and coordination for the
Texas higher education system to achieve
excellence for the college education of Texas
students.’“
It provides advice and comprehensive planning
to the Legislature regarding higher education.
Universities cannot be established,
nor degree plans offered, without
the consent to of the THECB.
Here is a recent example: A&M officials
would like to adjust how its Health Science
Center is administered, but the THECB has
to approve it.
The board is composed of nine
members who are appointed by
the governor for six year staggered
terms. Board members cannot be
employed in education. The board
appoints the Commissioner of
Higher Education.
Click here for the THECB’s
Summary of Higher Education
th
Legislation in the 80 Texas
Legislature.
Changing the subject:
The Education Budget
One of the facts that makes public
education so contentious in the
state is the size of its budget.
The total state budget for 2012-13
is $173 billion.
Almost $48 billion is spent on K-12,
and almost $20 billion is spent on
higher education. With additional
spending the total spent on
education in the state is close to
$73 billion.
For detail on spending on
education in the state, click on any
of the following:
Texas Budget Source
Public Education
Higher Education
Fiscal Size-Up 2012-13
State Budget Overview
Education
Texas Budget Highlights House
Research Organization
nd
82
Legislature: Financing Higher
Education in Texas – Legislative
Primer.
LBB: Financing Public Education in
Texas Kindergarten through Grade
12 Legislative Primer.
Controversy: Is too much or too
little being spent on public
education in the state?
Again, shifting gears:
The constitutional design of the
educational system in Texas.
How did we get to where we are
today?
Here is the current language in the
Texas Constitution
Article 7. Education
Previously we mentioned that the
Texas Declaration of Independence
contained language complaining
that the Mexican government had
not established a system of public
education:
Click here for text
Critical passage: It has failed to establish
any public system of education, although
possessed of almost boundless resources,
(the public domain,) and although it is an
axiom in political science, that unless a
people are educated and enlightened, it is
idle to expect the continuance of civil
liberty, or the capacity for self government.
Texas Declaration of Independence
State Law Library
Here is the relevant text in
previous Texas Constitutions
1845 Constitution: Article X. Education.
1861 Constitution: Article X. Education.
1866 Constitution: Article X. Education.
1869 Constitution: Article IX. Public Schools.
1876 Constitution: Article VII: Education—The
Public Free Schools.
Let’s walk through the Article 7 of
the Constitution as it reads right
now.
Article 7. Education
Sec. 1.
SUPPORT AND MAINTENANCE OF
SYSTEM OF PUBLIC FREE
SCHOOLS.
A general diffusion of knowledge
being essential to the
preservation of the liberties and
rights of the people, it shall be
the duty of the Legislature of the
State to establish and make
suitable provision for the support
and maintenance of an efficient
system of public free schools.
This language was the basis of
some of the lawsuits mentioned
above. By slashing education, has
the Texas Legislature violated the
language above?
Notice that it refers to “public free
schools.” These are to be provided by
the general community – tuition is not
charged to students or their families.
While it is not stated in the document,
education is compulsory in the state
through high school – or an equivalent
program.
The mission and objectives of
public education are outlined
further in Section 4.001 of the
Texas Education Code.
Sec. 2.
PERMANENT SCHOOL FUND.
All funds, lands and other property heretofore
set apart and appropriated for the support of
public schools; all the alternate sections of land
reserved by the State out of grants heretofore
made or that may hereafter be made to
railroads or other corporations of any nature
whatsoever; one half of the public domain of the
State; and all sums of money that may come to
the State from the sale of any portion of the
same, shall constitute a permanent school fund.
This establishes the Permanent
School Fund, which helps finance
public schools in the state. The
land is managed the General Land
Office, specifically the School Land
Board.
From the start funding for public
education has come from state
land.
Land Appropriations for Education
Earnings from the Permanent
School Fund and 25% of Fuel Tax
Receipts are deposited in the
Available School Fund.
Texas Tribune Topics: Permanent
School Fund.
Here’s some detail on a recent
constitutional amendment –
Proposition 6 - changing the PSF.
Permanent School Fund
TEA
TSHA
Texas Tribune Topics
Wikipedia
Texas Education Code
A variety of subsections to Article 2
clarify what it does and does not
cover.
Sec. 2A.
RELEASE OF CLAIM TO CERTAIN
LANDS AND MINERALS
WITHIN SHELBY, FRAZIER, AND
MCCORMICK LEAGUE AND IN
BASTROP COUNTY.
Sec. 2B.
AUTHORITY TO RELEASE STATE ’S
INTEREST IN LAND HELD
BY PERSON UNDER COLOR OF
TITLE.
Sec. 2C.
RELEASE OF CLAIM TO CERTAIN
LANDS IN UPSHUR AND
SMITH COUNTIES.
Sec. 3.
TAXES FOR BENEFIT OF SCHOOLS;
SCHOOL DISTRICTS.
This section establishes revenue to
be provided from taxes, and
requires that sufficient funds be
made available for certain
purposes.
Some examples:
(a) One-fourth of the revenue
derived from the State occupation
taxes shall be set apart annually for
the benefit of the public free
schools.
(b) It shall be the duty of the State
Board of Education to set aside a
sufficient amount of available
funds to provide free text books for
the use of children attending the
public free schools of this State.
(c) Should the taxation herein
named be insufficient the deficit
may be met by appropriation from
the general funds of the State.
Sec. 3-b.
INDEPENDENT SCHOOL DISTRICTS
AND JUNIOR COLLEGE
DISTRICTS; TAXES AND BONDS;
CHANGES IN BOUNDARIES.
No tax for the maintenance of public free
schools voted in any independent school
district and no tax for the maintenance of a
junior college voted by a junior college
district, nor any bonds voted in any such
district, but unissued, shall be abrogated,
cancelled or invalidated by change of any
kind in the boundaries thereof. . . .
Sec. 4.
SALE OF LANDS; INVESTMENT OF
PROCEEDS.
The lands herein set apart to the Permanent School
fund, shall be sold under such regulations, at such
times, and on such terms as may be prescribed by law;
and the Legislature shall not have power to grant any
relief to purchasers thereof. The proceeds of such sales
must be used to acquire other land for the Permanent
School fund as provided by law or the proceeds shall be
invested by the comptroller of public accounts, as may
be directed by the Board of Education herein provided
for, in the bonds of the United States, the State of Texas,
or counties in said State, or in such other securities, and
under such restrictions as may be prescribed by law;
and the State shall be responsible for all investments.
Sec. 4B.
INDEPENDENT SCHOOL DISTRICT;
BOARD OF TRUSTEES;
DONATION OF REAL PROPERTY
AND IMPROVEMENTS.
Sec. 5.
PERMANENT SCHOOL FUND;
AVAILABLE SCHOOL FUND; USE
OF FUNDS; DISTRIBUTION OF
AVAILABLE SCHOOL FUND.
This is an important section. It
defines what the Permanent
School Funds is as well as the
Available School Fund, and defines
what is to be distributed from the
fund and how. See above under
Section 2 for links related to these
funds.
Sec.6.
COUNTY SCHOOL LANDS;
PROCEEDS OF SALES;
INVESTMENT; AVAILABLE SCHOOL
FUND.
Sec. 6a.
COUNTY AGRICULTURAL OR
GRAZING SCHOOL LAND SUBJECT
TO TAX.
Sec. 6b.
REDUCTION OF COUNTY
PERMANENT SCHOOL FUND;
DISTRIBUTION.
These concern the rights counties
have to land they’ve been granted
by the state.
Sec. 8.
STATE BOARD OF EDUCATION.
The Legislature shall provide by law for a
State Board of Education, whose members
shall be appointed or elected in such
manner and by such authority and shall
serve for such terms as the Legislature
shall prescribe not to exceed six years. The
said board shall perform such duties as
may be prescribed by law.
The SBOE was discussed above.
Click here for its page in the TEA
website and here for the parts of
the Texas Education Code that
define it further.
Sec. 10.
ESTABLISHMENT OF UNIVERSITY;
AGRICULTURAL AND
MECHANICAL DEPARTMENT.
The legislature shall as soon as practicable
establish, organize and provide for the
maintenance, support and direction of a
University of the first class, to be located by
a vote of the people of this State, and
styled, "The University of Texas," for the
promotion of literature, and the arts and
sciences, including an Agricultural, and
Mechanical department.
The purpose of this section is
obvious, but note that it
foreshadows the development of
what would become Texas A&M.
Sec. 11.
PERMANENT UNIVERSITY FUND;
INVESTMENT; ALTERNATE
SECTIONS OF RAILROAD GRANT.
Sec. 11a.
INVESTMENT OF PERMANENT
UNIVERSITY FUND.
Sec. 11b.
PERMANENT UNIVERSITY FUND;
AUTHORIZED
INVESTMENTS.
From the first section: “In order to enable the
Legislature to perform the duties set forth in the
foregoing Section, it is hereby declared all lands and
other property heretofore set apart and appropriated
for the establishment and maintenance of the
University of Texas, together with all the proceeds of
sales of the same, heretofore made or hereafter to be
made, and all grants, donations and appropriations
that may hereafter be made by the State of Texas, or
from any other source, except donations limited to
specific purposes, shall constitute and become a
Permanent University Fund.”
This establishes the Permanent
University Fund and how it
operates. It is one of the additional
sources of revenue for the UT and
A&M University Systems – only
those two by the way.
Links regarding the Permanent
University Fund
TSHA
UTIMCO
Wikipedia
TX Tell
Education Code
Texas Exes – sounding defensive –
explain how the PUF funds works
and how its funds are distributed.
Sec. 12.
SALE OF LANDS.
The land herein set apart to the University
fund shall be sold under such regulations,
at such times, and on such terms as may be
provided by law; and the Legislature shall
provide for the prompt collection, at
maturity, of all debts due on account of
University lands, heretofore sold, or that
may hereafter be sold, and shall in neither
event have the power to grant relief to the
purchasers.
Sec. 13.
AGRICULTURAL AND MECHANICAL
COLLEGE.
The Agricultural and Mechanical College of
Texas, established by an Act of the Legislature
passed April 17th, 1871, located in the county of
Brazos, is hereby made, and constituted a
Branch of the University of Texas, for instruction
in Agriculture, the Mechanic Arts, and the
Natural Sciences connected therewith. And the
Legislature shall at its next session, make an
appropriation, not to exceed forty thousand
dollars, for the construction and completion of
the buildings and improvements, and for
providing the furniture necessary to put said
College in immediate and successful operation.
This established Texas A&M
originally as a branch of UT
– sorry Ags.
Sec. 14.
PRAIRIE VIEW A&M UNIVERSITY.
Prairie View A&M University in
Waller County is an institution of
the first class under the direction of
the same governing board as Texas
A&M University referred to in
Article VII, Section 13, of this
constitution as the Agricultural and
Mechanical College of Texas.
Both Texas A&M and Prairie View
A&M were founded as land grant
colleges as a way to foster the
development of agriculture. The
Morrill Land Grants Acts allocated
federal lands and the proceeds and
usage of that land would be used
to establish and fund similar
colleges across the nation.
Since segregation was
reestablished in the 1876
Constitution, Prairie View A&M
was created in order to be an
"Agricultural and Mechanical
College for the Benefit of Colored
Youth."
The Morrill Act also required
students to receive military
training.
Helps explain the Corp of Cadets.
Sec. 15.
GRANT OF ADDITIONAL LANDS TO
UNIVERSITY.
In addition to the lands heretofore granted to the
University of Texas, there is hereby set apart, and
appropriated, for the endowment maintenance, and
support of said University and its branches, one million
acres of the unappropriated public domain of the State,
to be designated, and surveyed as may be provided by
law; and said lands shall be sold under the same
regulations, and the proceeds invested in the same
manner, as is provided for the sale and investment of
the permanent University fund; and the Legislature
shall not have power to grant any relief to the
purchasers of said lands.
The story regarding this land – where
it is and who else wants it – is
fascinating. See this timeline. The land
was originally located in east Texas
which had little value until oil (the
Santa Rita oilwell) was found on it in
1923. Then things changed drastically
and UT and A&M have two of the best
funded endowments in the world.
The investment strategy for the
PUF funds is outlined here: (t University of Texas System).
Sec. 16.
COUNTY TAXATION OF UNIVERSITY
LANDS.
All land mentioned in Sections 11, 12, and 15 of
Article VII, of the Constitution of the State of
Texas, now belonging to the University of Texas
shall be subject to the taxation for county
purposes to the same extent as lands privately
owned; provided they shall be rendered for
taxation upon values fixed by the State Tax
Board; and providing that the State shall remit
annually to each of the counties in which said
lands are located an amount equal to the tax
imposed upon said land for county purposes.
Sec. 16-a.
TERMS OF OFFICE.
The Legislature shall fix by law the
terms of all offices of the public
school system and of the State
institutions of higher education,
inclusive, and the terms of
members of the respective boards,
not to exceed six years.
Sec. 17.
COLLEGES AND UNIVERSITIES;
APPROPRIATIONS AND
FUNDING.
This section details which
universities in the state qualify for
state appropriations.
Sec. 18.
TEXAS A&M UNIVERSITY SYSTEM;
UNIVERSITY OF TEXAS
SYSTEM; BONDS OR NOTES
PAYABLE FROM INCOME OF
AVAILABLE UNIVERSITY
FUND.
This section states that bonds can
be issued by the UT and A&M
systems, but only up to 20% or
10% (respectively) of the value of
the PUF fund.
It also mentions the Available
University Fund which “consists of
the distributions made to it from
the total return on all investment
assets of the permanent university
fund, including the net income
attributable to the surface of
permanent university fund land.”
The section goes on exhaustively
describe the Available University
Fund. More detail is contained in
the Texas Education Code - Section
66.02.
Here’s a video explaining both the
PUF and the AUF.
Sec. 19.
TEXAS TOMORROW FUND.
This section was added in 1997 as
a consequence of an amendment
intended to make college
education more affordable. Parents
could prepay for college based on
current tuition and fees.
Texas Tomorrow Fund
Wikipedia
The constitutional amendment –
Proposition 13 - was approved by
the voter of Texas in and election
in 1997.
The original plan for the funds was
made obsolete once the state of
Texas deregulated state tuition and
allowed public institutions to set
their own tuition and fees without
having to have them approved by
the THECB.
The fund was suspended since it
could no longer guarantee
payment. Doing so would place it
in debt. Adjustments to the
programs have been made to make
it more viable.
Sec. 20.
NATIONAL RESEARCH UNIVERSITY
FUND.
(a) There is established the
national research university fund
for the purpose of providing a
dedicated, independent, and
equitable source of funding to
enable emerging research
universities in this state to achieve
national prominence as major
research universities.
This section was added in 2009 in
order to increase the number or
Tier One higher education research
institutions in the state. The
Constitution only authorizes two –
UT and A&M – and one private
institution – Rice – has made the
cut.
Click here for detail of the bill – HJR
14 – that proposed the fund, and
here for detail about the proposal
itself.
Here’s background from
Ballotpedia.
For some perusing, and future
detail:
Texas Education Code
This is plenty.
Thanks.