Sunday, December 6, 2015

From KRGV.com: Texas AG: Board Can't Control Local Textbook Adoption AG: Board only has powers "specifically delegated by statute."

I'm hunting around for stories using which refer to the "delegated," "reserved," and "implied" - among the other types we went over this semester - and ran across this that mentions Texas Attorney General and his decision that existing state laws limits the State Board of Education's effort to restrict what textbooks local districts can use in the classroom.

2305 students especially should be prepped to answer questions using that terminology and what relative powers the national, state, and local governments have and why.

2306 students might want to have an understanding of the Attorney General's office and the basic structure of the SBOE.

Note use of the term "rulemaking" in the story and the conflict it contains between the legislature and the executive branch. The Texas Legislature is attempting to curtail the power of the SBOE, which seem to push back.

- Click here for the story.

The Texas attorney general said Friday that the Board of Education can't tell local school districts what textbooks to adopt for their classrooms, interpreting existing state law as limiting the often controversial board's authority.
Republican Ken Paxton stated in an opinion that the board has only those powers "specifically delegated by statute" and that it "may not substitute its judgment for the lawful exercise of those powers and duties by the trustees."
The board's 15 members sanction textbooks for use statewide in a process that has for years been marred by ideological fights over lessons on subjects including evolution, climate change and the influence of biblical figures such as Moses on America's Founding Fathers. Texas has 5.2 million public school students, a textbook market so large that edits made for the board can affect what's published in other states.
But, in 2011, the Legislature approved a law giving school districts the option of adopting classroom materials that haven't won board approval. Relatively few school districts have taken advantage, though the use of iPads and e-readers makes it easier for publishers to tailor books to individual buyers' needs.
Still, Republican board member Barbara Cargill sought clarification on where the 2011 law and others left the board's authority over school districts' textbook approval processes. She said the state board's approval process is done publicly and ensures that textbooks meet state curriculum standards. She said she was worried that local adoption of classroom materials could undermine that.
"I seek to identify the extent of the board's rulemaking authority to ensure that, at the local level, appropriate process and safeguards exist with regard to the adoption and use of instructional materials by a public school," she wrote when asking for the attorney general's opinion in June.