Policy Report: Understanding the Role of the State Board of Education (SBOE)

The state board of education in Texas has a rich history, dating back to its establishment in 1866. Over the years, the formulation of the board has undergone significant changes, often influenced by the political authority of the time.

In 1876, the enactment of a new constitution led to the creation of a revamped State Board of Education (SBOE) that included the governor, the comptroller, and the secretary of state. This configuration remained in place until 1928, when an approved proposal granted the Legislature the authority to determine the board’s composition and method of selection.

Subsequently, the Legislature expanded the board to nine members, appointed of course by the governor and subject to Senate confirmation. Members of the board were designated to serve staggered six-year terms, marking a significant shift in the structure and governance of the SBOE.

Throughout its history, the formulation of the State Board of Education in Texas has been subject to the ebb and flow of political powers, as various authorities sought to shape the board in accordance with their vision for education in the state.


Timeline of the Texas State Board of Education

The Texas State Board of Education (SBOE) has undergone significant changes since its establishment in 1866. Here’s a comprehensive timeline highlighting key developments and transformations:

1866: The state board of education was established with the initial formulation of 3 members: the governor, the controller, and superintendent of public instruction.

1867: Texas had no SBOE.

1876: A new constitutional law creates a new SBOE that includes the governor, the comptroller, and the secretary of state.

1928: Voters approved a proposal allowing the Legislature to specify the board’s composition and method of selection. The board was increased to nine members appointed by the governor, subject to Senate confirmation.

1949: The SBOE becomes an elected body, with members elected from congressional districts. The elected office of superintendent of public instruction is abolished, and the office of commissioner of education is created to be selected by the board. It is also 1949 that The Gilmer-Aikin Laws established the Texas Education Agency as the state’s administrative agent responsible for overseeing the public school system.

1971: A total of 21 members were appointed by the governor.

1981: A total of 27 members were appointed “due to reappointments” by the governor.

1984: The Legislature enacts House Bill 72, replacing the elected SBOE with a 15-member appointed board to serve until January 1, 1989. 15 districts are created from which SBOE members are selected, with members serving staggered four-year terms.

1987: The Legislature proposed a referendum to let voters decide whether the board should remain an appointive body. The results, Texas voters supported the decision by 52.4 percent to return to an elected board.

1988: The SBOE of education is scheduled to be elected from the 15 newly created districts in the general election.

In 1989, the number of state board members increased from 21 to 27 due to congressional reapportionment. The Legislature passed House Bill 72 in 1984, which replaced the elected State Board of Education (SBOE) with a 15-member appointed board to serve until January 1, 1989. HB72 also created 15 districts from which SBOE members were selected and reduced the terms of board members to four years.

The Evolution of Education Governance in Texas

The selection of State Board of Education (SBOE) members has undergone several significant changes over the years, structured in a two-step process. Initially, a Legislative State Board of Education was established, comprising a 10-member panel of elected officials from the Legislature, with three nominees from each of the state’s 15 districts. The second step involved the governor selecting one nominee from each district as that district’s appointee, which required confirmation by the Senate. This appointee is referred to as the chairman or president of the board.

In 1985, Commissioner W. N. Kirby reorganized the Texas Education Agency, forming the Department of Research and Information. This move was pivotal in developing the Database for Accountability. Additionally, in 1987-88, the Public Education Information Management System (PEIMS) Division began its data collection efforts, which have now made PEIMS the world’s largest repository of educational data.

It is essential to consider who benefits from this vast pool of data and the implications it holds for individuals and society. Transparency regarding the platforms employed for electronic data collection—especially concerning surveys involving children—is crucial. Moreover, understanding the role of third-party involvement in the data collection process heightens the need for comprehensive evaluation and accountability among all parties involved.

The educational assessment landscape further transformed in 1990 with the implementation of the Texas Assessment of Academic Skills (TAAS), which replaced annual performance reports and served as a measure of educational performance for the following 12 years.

Under Governor Ann Richards, Lionel Skip Meno, a New York educator, was appointed commissioner from 1991 to 1995. During this time, a new law, granted by the legislature, endowed the commissioner with enhanced rule-making authority—a power that remained intact even under subsequent conservative leadership.

In 1993, the passage of Senate Bill 7 marked another pivotal change in Texas’s educational framework. This landmark legislation introduced a “balanced” wealth level of $280,000 per student in weighted average daily attendance (WADA), aiming to address funding disparities across districts. As a result, districts with higher financial resources faced five options to reduce their wealth to this mandated level, promoting greater “equality” in educational resources. It is important to recognize that Diversity, Equity, and Inclusion (DEI) has long been a subject of political discourse and distribution.

The landscape of Texas education was again reshaped in 1995 when the Bush Administration, alongside the Legislature, implemented new reforms. Legislative changes, including SB1 enacted by Ratliff-Republican/Sadler-Democrat, significantly impacted decision-making processes, power structures, and curriculum standards within the Texas education system.

A Dynamic Interplay of Power and Influence

Before 1995, the Texas State Board of Education (SBOE) held the authority to implement legislative policy for the public school system in Texas. However, the enactment of SB1 in 1995 resulted in significant changes, redefining the dynamics of power within the Texas education system.

The recent changes made by the legislature reflect a bold attempt to increase the commissioner’s authority in overturning decisions made by the SBOE. This includes the establishment of a State Board of Educators Certification (SBEC) appointed by the governor, with expanded powers held by individuals who are not accountable to the public.

Furthermore, the restructuring of the roles and responsibilities of the SBOE by the Legislature, in conjunction with the Commissioner of Education and the State Board of Educator Certification, represents an extensive and concerning transformation in the structure, composition, and authority of the SBOE. Consequently, there is substantial confusion regarding which entity holds jurisdiction over the district’s decline.

Despite these significant changes, serious concerns linger regarding the impact of these extreme amendments and referendums on the Texas educational landscape. Of particular concern are the issues stemming from problematic legislation that has been moving forward since 1995. These include disputes over districts’ constant failures, the presence of Social Emotional Learning, issues of indoctrination and grooming, and sexually explicit content within educational materials. These are just a few of the endless problems we face in Texas today.

Why did our Republican governor choose to authorize the continued appointment of the commissioner of education instead of allowing the republic to decide? Keep in mind that our country was established as a constitutional republic, not a democracy.

The Role of the Texas State Board of Education

Efforts to expand the jurisdiction of the SBOE, such as through House Bill 1605, have been met with concerning limitations, reflecting a governance process deeply entrenched in unconstitutional mandates and poorly executed legislative actions. It is crucial to emphasize that the responsibility for determining the composition of the SBOE and its powers and duties, including the oversight of the Permanent School Fund (PSF), firmly falls in the hands of the Legislature, the Lt. Governor, and the state’s governor.

The challenge facing education today is not rooted in the personal narratives circulated by individuals with vested interests, but rather in legislative decisions and the constitutional framework. It is crucial to dismiss misleading accounts targeting members of the state board of education, as they are irrelevant to the root cause of the problem. As parents, we should focus on the true sources of the current challenges in order to create meaningful progress in education.

The Evolution of the State Board of Education: A Crucial Institution in Texas Education

The authority of the State Board of Education (SBOE) has undergone significant changes over the years, particularly due to legislative actions like Senate Bill 1 by Ratliff/Sadler in 1995. This landmark legislation redefined the extent of the SBOE’s influence and control over school districts’ textbook adoption and behaviors. Moreover, the Texas Education Code delineates 34 specific powers and duties, underscoring the constraints on the SBOE’s influence across various facets of the state’s education system.

Despite the challenges posed by various poorly designed policies from our legislatures, including the restrictions under HB1605, the SBOE continues to play a pivotal role in shaping certain aspects of the state’s educational framework. This authority is evident through its power to establish state standards, determine graduation requirements, set performance standards for student assessments, and oversee the investment of the Permanent School Fund (PSF).

Vigilance remains crucial, as there are concerns about globalist political entities aiming to replace the conservative board with individuals who will advance woke political agendas, potentially jeopardizing our inherent God-given rights. Keywords like empowerment and choice are essential as stakeholders push for real change to address the root causes affecting our education system.

The history of the Texas State Board of Education stands as a testament to its dynamic evolution, shaping the landscape of education policy and governance in the state. Through its ever-changing structure, composition, and authority, the SBOE has continuously responded to the varied needs of Texas’s education system. This ongoing evolution reflects a deep commitment to ensuring that the voices of educators, parents, and communities are heard, making it a vital and vibrant institution in the state’s educational framework.

Despite being a topic of increasing concern and debate, the SBOE’s adaptability and responsiveness have been, and should continue to be, instrumental in driving positive changes in Texas education for generations to come.

The fight for our children’s freedom and rights is crucial. As parents, we have the power and responsibility to uphold the essential Principles of Liberty of America. These principles, outlined in the Declaration of Independence, emphasize that all unalienable rights, liberties, and freedoms come from the creator as Natural Law, not from global rulers or the government. It is our duty to ensure that our children have the opportunity to fulfill their constitutional rights and pursue their dreams. This is a pivotal moment to safeguard the sovereignty of the people and the limited role of law, as well as to uphold the values of a republic government with the separation of powers, checks and balances, and majority rule, while protecting minority rights.

It is our collective obligation to prevent a globalist takeover and preserve the exceptionalism of America for the future generations.

The Limits of State Board of Education’s Authority: What Lies Beyond Legislative Grant

  • No power to make changes on what school districts or charter schools can do
  • No power over sexually explicit content in school district’s libraries
  • No power over school district’s operational rules
  • No power over district’s mask mandates, policies, and procedures
  • No power over teacher’s certifications
  • No power over misconducts by district’s staff
  • No power over any issues happening in school districts that affect every child and home in Texas
  • No powers over what independent public school districts and/or charter schools do or say.
All these issues belong to the Texas Education Agency, the State Board of Educator Certification, the school districts, and their school board members.

The Challenges of Our Education System

The issues in our education system can indeed be traced back to poorly crafted legislation and the influence of paid political leadership. This is not a new phenomenon, but rather a longstanding issue that has only worsened over time due to the lack of understanding of the root causes and potential solutions. Governor Abbott himself acknowledged the influence of certain grassroots movements that “move the political needle,” indicating the complex interplay of factors at play and the damaging effects of political control.

The future of our education system hinges on our ability to confront the historical context and political influences that have led to its current state. Only by understanding and addressing these factors can we begin to rectify the immense challenges created by corruption and misguided policies.

How Can We Fix a Broken System?

Engaging and taking action are crucial steps to shape the future of education in our state. Each of us has the opportunity to contribute through our unique skills, be it through research, public speaking, policy writing, or community engagement. There are several ways to get involved:

Participate in Meetings

Join your school board and state board of education meetings. This is an effective way to stay informed and have your voice heard on important matters.

Advocacy at the Texas Capitol

Stand up and represent at the Texas Capitol, contributing to the call for action on education-related issues.

Educate Yourself

Stay informed about all issues at the state and local levels. Understanding the issues is the first step towards effecting positive change.

Support Parents

Offer support to parents in understanding the processes of addressing policy issues and presenting arguments at school boards, the state board of education, and with the legislature.

Failure to engage in these critical matters only perpetuates the status quo and limits the progress of our nation. Let’s work together to create a more balanced and honest education field, where education truly paves the way to a brighter future for everyone.

It is time to take control of our own decisions, dig deeper, and illuminate the truth to steer clear of the constant gaslighting. Don’t be the frog in the pot – it is crucial to question, verify, and make informed decisions.


Copyright © 2022 National Alliance for Education Freedom. All Rights Reserved.

Additional Resources
  • Texas State Historical Association
  • Texas Education Code TEC, Sec. 31.023., TEC, Sec. 7.102
  • The Texas Constitution 1876
  • SB1 by Ratliff/Sadler, 74th Legislature 1995

https://www.tshaonline.org/handbook/entries/gilmer-aikin-laws

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