Texas Attorney General weighs in on state Bible course law
According to the Houston Chronicle, both sides in the debate over whether Texas public schools must offer a course in Biblical study are claiming that a recent opinion by Texas Attorney General Greg Abbott supports their side. The Free Market Foundation (FMF), which promotes families, churches and freedom, contends schools are required to offer a course in the Hebrew Scriptures (Old Testament) and the New Testament Bible. The Texas Freedom Network (TFN), which promotes religious freedom and individual liberties, counters that the opinion does not say this. The Texas Education Agency (TEA), which requested the opinion, isn't quite sure what it means. “We're having our lawyers review the ruling and will dutifully follow what it says,” TEA spokeswoman Debbie Ratcliffe said. “We're still trying to figure out what it says.” In March, Education Commissioner Robert Scott asked the attorney general for a ruling on whether schools were required to offer the so-called “Bible bill” course if at least 15 students signed up for it. Some legislative leaders insisted that schools “may” offer the Bible course if enough students requested it, but others contended that schools were obligated to offer the class if at least 15 students wanted it. Lawmakers approved the "Bible bill" last year. “Local school boards can now breathe a sigh of relief,” said TFN President Kathy Miller. “The State Board of Education threw them under the bus last month by refusing to adopt the clear, specific standards schools need to give the Bible the respect it deserves and help them stay out of court. Now, schools won't be required to maneuver through a legal minefield without a map.” After reading the opinion, however, Jonathan Saenz of FMF said it was clear “Texas schools are required to have some type of instruction in the Bible, which is the Hebrew Scriptures and New Testament.”
Source: Houston Chronicle, 8/28/08, By Gary Scharrer
[Editor’s Note: The opinion is below. For background on the ambiguously drafted legislation, see the second link. A West Texas school district recently settled a lawsuit challenging its high school Bible course. The TFN had issued a report in September off 2006 charging that most Bible courses in public schools at that time took an unconstitutional, devotional approach. Details are at the next two links. Next is a 1999 consensus statement led by the First Amendment Center and the Bible Literacy Project and joined by NSBA, among others, on “The Bible and Public Schools: A First Amendment Guide.” An overview of legal and practical considerations for school officials considering elective Bible courses is available for download at the last link.]
Texas attorney general opinion
NSBA School Law pages on Texas Bible course legislation
NSBA School Law pages on Ector County settlement
NSBA School Law pages on TFN report on Texas courses
Consensus statement on Bible and public schools
American School Board Journal, 6/08, By Thomas Hutton