Texas Attorney General Greg Abbott issued an opinion Thursday clarifying a new education law requiring all Texas public high schools to offer curriculum on the Bible. Abbott said although the curriculum is mandatory, it can be integrated into pre-existing courses or in independent courses.
Controversy started between religious freedom advocacy groups in May 2007 when the Texas Legislature passed a bill allowing public school districts to teach elective courses on the study of the Hebrew scriptures and the New Testament or a combined course in the 2009-2010 school year. The bill also adopted a subsection, which added to required enrichment curriculum "religious literature, including the Hebrew scriptures (Old Testament) and New Testament and its impact on history and literature."
After questions on whether all school districts must offer the elective Bible course, Commissioner of Education Robert Scott requested the attorney general's opinion.
"The education code authorizes but does not require school districts and charter schools to offer elective courses on the Hebrew Scriptures and its impact or on the New Testament and its impact," Abbott said. "Such discretion does not, however, mean that school districts or charter schools are not required to comply with the curriculum requirements."
Liberty Legal Institute, a legal organization committed to the defense of religious freedoms and First Amendment rights, filed a brief supporting Abbott's ruling as a constitutional way of accomplishing the mandate.
"I applaud the attorney general for deferring to the Legislature, upholding the law and being a part of giving Texas students the cultural currency they will need to compete and be successful in the 21st century," said Hiram Sasser, director of litigation at the institute.
When the Texas State Board of Education gave final approval to establish Bible courses in public high schools, the board did not set specific teaching guidelines for the optional course. Before Abbott's ruling, many critics complained that requiring school districts to teach Bible class without clear, specific guidance would result in costly and unnecessary lawsuits for schools.
Texas Freedom Network, an advocacy group, said the attorney general's ruling correctly interpreted the Legislature's intent that school districts have the option to offer or not offer these elective classes.
"Local school boards can now breathe a sigh of relief," said Kathy Miller, president of the network. "Now schools won't be required to maneuver through a legal minefield without a map."
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