Letters to the Web Editor

Once again, The Tyler Morning Telegraph gets it correct. Roy Maynard's column, "Early Returns," points out exactly why "progressive" math is creating a generation of math derelicts. The vast majority of parents and educators fail to see why the liberal watchdog group, Texas Freedom Network, would try to turn this decision into a political one. Math is not a Republican / Democrat or a liberal / conservative issue.

The Texas Freedom Network is wrong in their charge that the State Board of Education (SBOE ) is doing "an end run around the Legislature's clear intent to bar them from censoring textbooks." On the contrary, it is clear in both case law and in the Texas Education Code that it is the duty of the SBOE to exercise their authority in determining both the curriculum and textbooks for Texas schools.

The law is very clear. The TEC in 31.024 states the SBOE does have the authority to reject a textbook. "And" means "And". Lawyers understand the impact of this language; which is why the Texas Education Agency lawyers did not attempt to intervene in the SBOE's decision to reject the math textbook in question. Here is the section of the law.

§ 31.023. TEXTBOOK LISTS. (a) For each subject and grade
level, the State Board of Education shall adopt two lists of
textbooks. The conforming list includes each textbook submitted
for the subject and grade level that meets applicable physical
specifications adopted by the State Board of Education and contains
material covering each element of the essential knowledge and
skills of the subject and grade level as determined by the State
Board of Education under Section 28.002 and adopted under Section
31.024. The nonconforming list includes each textbook submitted
for the subject and grade level that:
(1) meets applicable physical specifications adopted
by the State Board of Education;
(2) contains material covering at least half, but not
all, of the elements of the essential knowledge and skills of the
subject and grade level; and
(3) is adopted under Section 31.024.
(b) Each textbook on a conforming or nonconforming list must
be free from factual errors.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.

§ 31.024. ADOPTION BY STATE BOARD OF EDUCATION. (a) By
majority vote, the State Board of Education shall:
(1) place each submitted textbook on a conforming or
nonconforming list; or
(2) reject a textbook submitted for placement on a
conforming or nonconforming list.
(b) Not later than December 1 of the year preceding the
school year for which the textbooks for a particular subject and
grade level will be purchased under the cycle adopted by the board
under Section 31.022, the board shall provide the lists of adopted
textbooks to each school district. Each nonconforming list must
include the reasons an adopted textbook is not eligible for the
conforming list.

Further, recent case law was established when Trial Lawyers for Public Justice sued the SBOE on behalf of Daniel Chiras who challenged the SBOE's rejection of his environmental science book. This case was upheld in favor of the SBOE by the lower court and then was appealed to the federal court. The Fifth Circuit issued an opinion in late-2005 on the matter.

Three federal judges in the Chiras v. Miller 432 F. 3d. 606 (5th Cir. 2005) ruled in favor of the SBOE's decision and I quote:

“Designing the curriculum and selecting textbooks is a core function of the SBOE. It is necessary for the Board to exercise editorial judgment over the content of the instructional materials it selects for use in the public school classrooms, and the exercise of that discretion will necessarily reflect the viewpoint of the Board members. The purpose of the Board is not to establish a forum for the expression of the views the various authors of textbooks and other instructional materials might want to interject into the classroom … Further, the Board has a statutory obligation under Texas law to exercise that discretion in order to promote the state’s chosen message through the Board’s educational policy."

Terri Leo
State Board of Education District #6
Spring