By Terri Leo:

Attorney General Gregg Abbott's opinion today corrects a 10-year old misinterpretation of the Texas Education Code (TEC) by Dan Morales.

The ruling also clarifies the original legislative intent of existing law as it relates to textbook content dealing with fostering patriotism, US citizenship and the free enterprise system.

TEA lawyers have attempted for the last two years to remove this language from the State Board of Education's (SBOE) operating rules.

Terri Leo (R-Houston), who has led the fight to keep the language in the SBOE's rules, asked Geraldine "Tincy" Miller (R-Dallas), the chairperson of the SBOE, to request the opinion of the AG.

Leo stated today, "I have always contended that since the TEC specifically addresses this area dealing with textbook content, it should remain in the Board's rules. It has been a long and hard-fought battle. I am thrilled with the Attorney General's opinion. The SBOE now has clear authority to reject textbooks by majority vote that do not foster ‘the continuation of the tradition of teaching United States and Texas history and the free enterprise system.' "

The decision is a huge victory for the citizens of Texas in that it affirms the elected SBOE's right and responsibility to uphold the democratic check and balance system over otherwise unaccountable textbook editors and publishers. While the AG opinion confers no new authority on the SBOE, it clearly reversed in part the faulty Dan Morales decision. "Liberal New York editors should not have free reign to decide what is in Texas' textbooks," said Leo.

Today's ruling by Attorney General Abbott also overturned the Morales decision on the second question asked by Leo regarding whether or not ancillaries can be reviewed and rejected by majority vote by the SBOE. Leo contended that since ancillary materials are included in the price of a textbook, are sold as part of the textbook, and are used alongside the textbook, they should fall under the same review and rejection process as the student and teacher editions.

The faulty Dan Morales decision said that ancillaries could not be included in the SBOE's review.

"I am thrilled that ancillaries can now be included under the definition of a textbook," said Leo. Abbott stated in his opinion, "Morales errs in suggesting that it is textbook publishers, not the Board, who determine what materials are textbooks subject to the Board's review and jurisdiction...The Board is authorized to adopt a reasonable rule clarifying the kinds of materials that are within the definition of ‘textbook'...textbook publishers must comply with the rule."

The Board is also authorized by today's AG ruling to "adopt general textbook content standards that fall within these statutory authorizations."

Interview Contact:

Terri Leo
State Board of Education District #6
23516 Twin Oaks Drive
Spring, Texas 77389
281-257-0836
http://www.terrileo.com/