Texas Administrative Law

The state bureaucracy administers/implements the laws of Texas. It is run by executives whose job is to see that the laws of the state are implemented according to the will and intent of the Legislature. Ideally, these executive branch officials or bureaucrats are to administer their duties and implement the laws in a neutral manner, uninfluenced by politics. In reality, state bureaucrats are important players in not just implementation, but also policy making. In Texas, there is no overall central governing or controlling authority. Government authority in Texas is very decentralized, and rests within many independent state agencies.

Education is the foundation to secure an individual in having a better future and a successful career in life. Public education primarily falls upon the state and local government to take charge of, which get divided up into local school districts that are managed by school boards. School boards are “ an elected body corporate which manages delegated powers in regards to the deliver of education service within a defined territory (Duhaime’s Law Dictionary)”. Each state “has its own department of education and laws regulating finance, the hiring of school personnel, student attendance, and curriculum (Corsi-Bunker, Antonella).

The Tenth Amendment of the United States Constitution declares that the states have the authority in handling educational standards (Boslaugh, 2015). Each state can come up with their own requirements and rules for their educational systems. For many years, this system seemed to work and showed good results. The United States had one of the best educational systems throughout the world.

The Texas Legislature has powers either by non-legislative power or legislative power. The legislative power includes power that can be passed by bills and resolutions, and non-legislative powers by functions falling outside the lawmaking function. In general the Texas Legislatures responsibilities are to set public policy by passing bills and resolutions. It supervises the state bureaucracy through the budgetary process and the Sunset Act, this act provides review and termination of state agencies. The Texas Constitution sets Legislative power in two houses, a Senate of 31 members and a House of Representatives of no more than 150 members. The Texas Constitution stipulates the terms of the office and qualifications, for example House members

Texas is the second most populous state as well as the second largest state in the United States of America (Brown, Langenegger, Garcia, Lewis, & Biles, 2014). With a huge number of people currently calling Texas their home, it would make sense to draw the conclusion that the Texas government must make this state a great place to live by serving its citizens to the best of its abilities. However, it is best not to make assumptions and in order to ascertain whether the local government actually fulfills this role we must look at multiple aspects of the government.

Texas faces many problems with the current educational system and many of them continue to go unresolved due to the way Texas has established certain laws. A decline in education has been seen since 2006 when legislators decided to cut property tax which pays for education (Maule). Those policies only further hinder the progress of education improving, which is why policies like those do not need to be further implemented. More involvement with students is needed and that will be acquired by having more effective teachers. Many studies have shown that students with effective teachers do better in class than those with ineffective teachers. Not only do students do poorly with ineffective teachers, but “[s]tudies show that most students drop out due to poor academic performance. And studies have proven that the teacher in the

The Texas Constitution guarantees an "efficient system of public free schools," but schools have recently found themselves unable to provide an adequate education to the more than 5 million students in Texas because of the many problems within the education policy in the state. Such issues involve school financing, lack of preparation for college, early childhood education, teacher quality, and school choice. Tough all of these conflicts pose a potential threat to the school system’s competence and effectiveness as well as to Texas’ economy, there are a broad number of possible adjustment and reforms that could be placed to improve the adequacy of Texas’ school system.

On September 1, 2015 House Bill 11 became effective in the state of Texas. Mainly authored by Dennis Bonnen a Republican member of the Texas House of Representatives, House Bill 11 amends many laws and actions towards the security of the Texas-Mexico border. The bill mainly deals for a long term solution to human trafficking and the flow of illegal drugs that come through the border. Both parties of the Texas House of Representatives amended House Bill 11 through a 131-12 vote, since many believed organized crime fueled by illegal drugs have swept through communities across Texas. The main goal for House Bill 11 is to strengthen the border through three primary actions the first is for the state to enact harsher laws for the smuggling of people and illegal contrabands. The second is to strengthen the border patrol force through providing improved tools, more frequent border checkpoints throughout the land, and increasing the population of border patrol officers. The third action of House Bill 11 is improving the sharing of crime data throughout the state by law enforcement to connect crimes in identify large criminal enterprises and stopping organized crime.

Indirectly, or directly, one can argue, public schools are controlled by the federal and state governments. Several issues have emerged, because of the conflict between federal and state requirements for education. “Under the Tenth Amendment, any authority not given specifically to the federal government is reserved to the states. Thus, the federal government has no authority to regulate education directly; that belongs to the states” (Underwood, n. d., p. 2). To get around this, the federal government controls the schools through funds for complying with certain initiatives, procedures, and policies (Underwood, n. d.). Ironically, both the state and federal levels of government hold the district liable for implementing different agendas and legal obligations. The federal government, however, can ensure that no citizen is denied their rights or privileges, even in a private institution, because of the Bill of Rights and other amendments. Failure to comply by these amendments or statutes can lead to the loss of federal funding and legal reproductions for schools.

Efficient administrators must make certain their schools are in compliance with district, state, and federal educational guidelines. These statutes include identifying and delivering specified instructional lessons for students who qualify for services under Section 504 of the Rehabilitation Act of 1973, Individuals with Disabilities Education Act (IDEA), and the students who qualify for ESOL (English for Speakers of Other Languages). Academic leaders who ensure compliance among these regulations and educate themselves on the appropriate instructional practices, will properly assist their teachers and students in finding academic success.

In comparison to the President of the United States and governors of other states the governor of Texas occupies a very “weak” office. The reason can be traced back to conditions surrounding the New Texas Constitution of 1876. The writers of the New Texas Constitution were cognizant of their experiences during Reconstruction after the Civil War. It was during the Reconstruction period that the Union Army helped enforce the Reconstruction Constitution of 1869. The governor of Texas was granted wide-ranging executive powers in fear that a possible rebellion would occur by former confederate soldiers and their supporters. At that time Edmund J. Davis, the new Texas governor, used his executive powers to demoralize his

The Texas judicial system has been called one of the most complex in the United States, if not the world. It features five layers of courts, several instances of overlapping jurisdiction, and a bifurcated appellate system at the top level. The structure of the system is laid out in Article 5 of the Texas Constitution.

There has been seven Texas Constitutions since 1827 including our current Constitution, which was established on 1876. Our current constitution has been amended hundreds of times because of its tight restrictions. The Legislative department is the dominant branch of the Texas Constitution it is subject to check and balances in the tripartite system. The Executive department limits the government’s power, and the judicial powers is divided into smaller courts. These three branches of the Texas are examples of how restricted and limited our constitution is.

The State Board of Education (SBOE) sets the policies and standards for Texas public schools. In Texas the Texas Education Agency (TEA) oversees primary and secondary education of students. The TEA helps provides the resources, guidance and leadership to help schools meet the educational needs of all students, according to the TEA. The SBOE is composed of three committees; committee on instruction, committee on school finance and a committee on school initiatives. The SBOE has adopted curriculum standards called the Texas Essential Knowledge and Skills (TEKS). The TEKS describe what students should know and be able to do, in each grade and subject area.

Currently the education system in the United States is funded mostly on a state and local level, who always borne over 90% of the public elementary and secondary education finances (need cite). The original Department of Education was developed in 1867 to collect information on schools and teaching that would help the States establish effective school systems (need cite). Fast forward over one hundred years to 1980, when Congress established the Department of Education as a Cabinet level agency, and note that education standards and improvement continue to be of great importance to the government. It is important to note that the state and federal government play separate roles in the education of students, whereas the federal government has the means to