Texas Attorney General Opinion: DM-465 Page: 1 of 6
6 p.View a full description of this text.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
@ffice of the attorney 4enerat
'tate of texas
DAN MORALES
ATTORNEY GENERAL January 9, 1998
Dr. Mike Moses Opinion No. DM-465
Commissioner of Education
Texas Education Agency Re: State Board of Education adoption of sex
1701 North Congress Avenue education curriculum and textbooks (RQ-942)
Austin, Texas 78701-1494
Dr. Jack Christie
Chair, State Board of Education
1701 North Congress Avenue
Austin, Texas 78701-1494
Dear Commissioner Moses and Chairman Christie:
Under the revised Education Code,' the State Board of Education (the "board") is required
to establish the public school curriculum and adopt textbooks for use in public schools. At the same
time, the Education Code allows local school districts to choose course materials and instruction
relating to human sexuality, sexually transmitted diseases, the human immunodeficiency virus, and
acquired immune deficiency syndrome for use in their districts. The code also mandates five
elements, mostly relating to abstinence from sexual activity, that must be included in any course
materials and instruction on human sexuality chosen by a district. You ask about the relationship
between the powers granted to the board and those granted to local school districts with respect to
sex.education in public schools.
We begin by discussing the relevant law. Section 28.002 of the Education Code sets out the
minimum curriculum that must be offered by a public school district with grades kindergarten
through twelve,2 Each school district must provide a "foundation curriculum" consisting of English,
mathematics, science, and social studies. Educ. Code 28.002(a)(1); id. 4.002. Each district must
also provide an "enrichment curriculum" that includes health, physical education, fine arts,
economics, career and technology education, technology applications, and, to the extent possible,
languages other than English. Id. 28.002(a)(2).
'Act of May 27, 1995, 74th Leg., ch. 260, 1995 Tex. Gen. Laws 2207, 2207.
2For school districts that do not offer kindergarten through grade 12, the board must designate subjects
constitutinga well-balanced curriculum. Educ. Code 28.002(b).
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: DM-465, text, January 9, 1998; (https://texashistory.unt.edu/ark:/67531/metapth274274/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.