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1998 Texas Attorney General Reports and Opinions 2612 (1998)

handle is hein.sag/sagtx0072 and id is 1 raw text is: Office of the Z1ttornep @enerat 6tate 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. 'For school districts that do not offer kindergarten through grade 12, the board must designate subjects constituting a well-balanced curriculum. Educ. Code § 28.002(b).

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