Eleanor Finch
The Texas Constitution of 1845 first advocated for public education, with Article X, Section 2 stipulating that the legislature should establish free schools throughout the state and allocate at least one-tenth of tax revenue for their support. The Constitution of 1869 further elaborated on this by designating a Superintendent of Public Instruction and empowering the Legislature to lay out school districts and boards. The foundation of the current Texas school system was laid in 1854, with a school law that organized common schools, provided for tuition for underprivileged children, and allowed for the conversion of private schools to common schools. The Texas Education Agency, led by the governor-appointed Commissioner of Education, currently administers the public school system, with policy determined by the elected State Board of Education.
| Characteristics | Values | |
|---|---|---|
| Year of constitution | 1845 | |
| Article | X | |
| Section 1 | A general diffusion of knowledge being essential to the preservation of the rights and liberties of the people, it shall be the duty of the legislature of this State to make suitable provision for the support and maintenance of public schools | |
| Section 2 | The legislature shall, as early as practicable, establish free schools throughout the State, and shall furnish means for their support by taxation on property; and it shall be the duty of the legislature to set apart no less than one-tenth of the annual revenue of the State derivable from taxation as a perpetual fund, which fund shall be appropriated to the support of free public schools; and no law shall ever be made diverting said fund to any other use; and, until such time as the legislature shall provide for the establishment of such schools in the several districts of the State, the fund thus created shall remain as a charge against the State, passed to the credit of the free common school fund | |
| Section 3 | All public lands which have been heretofore, or may hereafter be granted for public schools, to the various counties, or other political divisions in this State, shall not be alienated in fee, nor disposed of otherwise than by lease, for a term not exceeding twenty years | |
| Section 4 | The several counties in this State which have not received their quantum of lands for the purpose of education shall be entitled in the same quantity heretofore appropriated by the Congress of the republic of Texas to other counties | |
| Constitution of Texas | 1869 | Article IX: Public Schools |
| Superintendent | The Superintendent shall have the supervision of the Public Free Schools of the State, and shall perform such other duties concerning public instruction as the Legislature may direct | |
| Legislature | The Legislature may lay off the State into convenient school Districts, and provide for the formation of a Board of School Directors in each District | |
| School Fund | All funds, lands, and other property heretofore set apart and appropriated, or that may hereafter be set apart and appropriated, for the support and maintenance of Public Schools, shall constitute the Public School Fund | |
| School Law | In 1854, a school law was passed that called for the organization of common schools, provided a system for payment of tuition for indigent and orphaned children, allowed for the convertibility of private schools to common schools, and set aside $2 million of the $10 million received by Texas from the sale of lands to the United States as a school fund | |
| Recent Reforms | The Texas Education Code was overhauled in 1995, and the Gilmer-Aikin Laws were passed in 1949 to reorganize the state system of public schools |
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What You'll Learn
The Texas Constitution of 1845
To that end, the constitution mandated that a minimum of 10% of the state's annual revenue from taxation be set aside as a Permanent School Fund to support free public schools. This fund was to be used exclusively for education and could not be diverted for any other purpose. Additionally, the constitution addressed land provisions related to schools, stating that school lands could not be sold for twenty years but could be leased, with the income from the leases contributing to the Available School Fund.
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The Superintendent of Public Instruction
The Texas Constitution, Article 7, which outlines the state's education system, was introduced in 1845. It states that it is the duty of the state legislature to establish and maintain an efficient system of public free schools.
The role of the Superintendent of Public Instruction is to supervise public free schools and perform duties concerning public instruction as directed by the legislature. The Superintendent is responsible for recommending provisions of law to the legislature to establish and perfect a complete system of education adapted to the circumstances and wants of the people of Texas. They must provide a complete report of all the free schools in the state at each legislative session.
The Superintendent is the senior leader of a school district, overseeing daily operations and long-range planning. They supervise school principals and district staff, work with school board members, and manage fiscal operations. The role requires strong communication skills and the ability to advocate for increased funding. Superintendents are also responsible for hiring staff, solving problems, and lobbying for additional resources.
In an emergency, the Superintendent serves as the face of the district, making decisions on issues such as inclement weather, bias incidents, school safety, and workplace injuries. They are expected to have strong interpersonal skills to develop positive relationships with parents, school board members, and district employees.
To become a Superintendent, one typically needs experience as a teacher and principal, as well as involvement in professional organisations and networking with other administrators. A competitive candidate will have a master's degree in school administration or a doctorate in school administration or educational leadership.
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Funding for schools
The Texas Constitution of 1845 states that it is the duty of the Legislature to make suitable provisions for the support and maintenance of public schools. The Legislature was to establish free schools throughout the state and provide for their support through taxation on property. The Constitution also set aside one-tenth of the state's annual revenue from taxation as a perpetual fund for the support of free public schools.
The Constitution of 1869 reiterated the duty of the Legislature to make provisions for the support and maintenance of a system of Public Free Schools. It also established a Superintendent of Public Instruction, who was responsible for supervising the Public Free Schools and reporting on their condition to the Legislature. The Legislature was given the power to lay off the State into school districts and provide for the formation of a Board of School Directors in each district.
Today, public schools in Texas receive funding from various sources, including federal, state, and local governments. Federal funding for public schools in Texas is allocated based on formulas that consider factors such as poverty status or a district's rural location. For example, the Lackland Independent School District in the San Antonio area received 52.9% of its funds from the federal government during the 2021-22 school year, while the Fort Worth Independent School District received the highest federal funding per student at $3,744.
The Texas Constitution also provides for the establishment of a Permanent School Fund, which includes funds, lands, and other property set apart for the support of public schools. This fund is distributed to independent and common school districts to reduce bonded indebtedness or make permanent improvements. Additionally, the Constitution establishes a Permanent University Fund, which includes lands and other property appropriated for the University of Texas, to support institutions of higher education.
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The Texas Declaration of Independence
The Texas Constitution of 1845 included provisions for education, with Article X, Section 2 stating the need to establish free schools throughout the state and provide support through taxation. This was further elaborated in the 1869 Constitution, which outlined the duties of a Superintendent of Public Instruction and the establishment of school districts.
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The Texas Education Agency
The Texas Constitution of 1845 advocated for public education, instructing the Legislature to allocate at least 10% of tax revenue to schools. However, the foundation for the current Texas school system was laid in 1854 under a school law that called for the organisation of common schools, provided a tuition system for indigent and orphaned children, and allowed for the conversion of private schools to common schools.
The TEA has undergone significant reforms over the years to improve the quality of public education. In 1911, a rural high school law was enacted, establishing county boards of education and enabling the formation of rural high schools and the consolidation of common school districts. This was followed by the Gilmer-Aikin Laws in 1949, which reorganised the administration of public education, created an elected State Board of Education, and emphasised the equitable distribution of state funds to local school districts.
Another major reform occurred in 1995 with the Texas Education Code overhaul. This reform returned more authority to local school districts, granting them greater flexibility in decision-making. It also established the State Board for Educator Certification and introduced open-enrollment charter schools as an alternative to traditional public education, prioritising educational choice and innovation.
The TEA continues to adapt and evolve to meet the changing needs of Texas's student population, striving for excellence in education and ensuring that all students have access to a high-quality education regardless of their background or location within the state.
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Frequently asked questions
Education was introduced into the Texas Constitution in 1845.
The first definite action toward a system of public education in Texas was taken during the administration of Mirabeau B. Lamar, who requested Congress in 1838 to establish and endow an education system.
The Texas Declaration of Independence condemned the Mexican regime for failing to establish a system of public education.
The actual foundation for the present Texas school system was laid in 1854 under a school law that called for the organization of common schools and provided a system for payment of tuition for indigent and orphaned children.
