Untitled Texas Attorney General Opinion

R-869 AUSTIN. TEXAS PRICE DANIEL *¶-ro- CIIIyg-L OFtober 28, 1947 Hon. L. A. Woods State Superintendent of Public Instruction Depertment of Education Austin, Texas opinion no. v-417 Re: Authority of State Text- book Committee to reoom- mend books submitted for adoption according to their teachable value. Dear Sir: We refer to your letter of October 15, re- questing an opinion on certain textbook matters, from which letter we quote as follows: "A letter from the President of the Texas Associatioh of School AdmlnLstrators has been received requesting that I ssk your office for s,nopinion 8s to whether or not the State Textbook Committee is a free agency with respect to the preparation of Its report of recommendations on textbooks offered for adoption. The letter requests also that It be determined whether or not the Committee has authority under the Stet- utes to rank the textbooks offered for adoption in the order of the Committee's preference. . . . "In compliance with the request of the Chairman of the Texas Association of School Administrators, I am submitting the follow- ing questions for consideration: “(1) Is the State Textbook Committee e,uthorizedunder the statutes to mrange its report according to its own plan to the State Board of Education concerning the teachsble value of the books offered for a.doption? Hon. L. A. Woods - Page 2 ,(V-417) "(2) May the State Textbook Committee in the preparation of its report to the State Board of Education concerning the teachable value of the books offered for adoption rank these books in the order of the Committee's preference indicating the book receiving the highest rating, the book receiving the second highest rating, and the book receiving the third highest rating, et cetera?" Article 2675b-5, Subsection (f), V.C.S., as a- mended by 3. B. 148, 49th Legislature, R.S., Acts 1945, reads in part as follows: 'The State Board of Education shall ap- point annually a Textbook CommIttee to be composed of nine members, each of whom shall be sn experienced and active educator en- gaged in teaching in the public schools of Twxes . At least a majority of the members of the Committee shall be classroom teachers and all members shall be appointed because of unusual backgrounds of training and rw- cognized ability as teachers in the subject fields for which adoptions are to be made each year. "It shall be the duty of the Committee to examine all books submitted for adoption and make its recommendations in writing to the State Board of Education relative to the teachable value of the books in the grades and subjects for which they have been sub- mitted. 'The Textbook Committee shall hold its meetings where and when the State Board of Eiduce,tlon shall determine, e.ndshall receive the same compensation a3 members of the State Board of Education es provided for in Seo- tion 10 of this Act." Clearly, this statute vests authority in the State Textbook Committee to examine books submitted for e,doptlonfor their teachable value in those grades snd subjects for which they were submitted, end, further, to make its written recommendations concerning their teach- able value to the State Board of Bducetlon. A. G. Opin- ion Ro. C-6056. So long ss the recommendations of the Hon. L. A. Woods - Page 3 (v-417) Committee are confined to or _ are based _ upon . the . teach- -. able value of the books they nave oeen autnorlsed to examine, It is our opinion that broad discretionary power lies in said Committee in making its rwcommende- tions, and that the Committee may determine or adopt any rea.sonableplan or method it deems best to employ in the submission of its recommendations. The author- ity granted herein to make recommendations, unhampered as it is by restrictions or llmitetlons, would imply and include the power to rate OP rank books according to their teachable value. Accordingly, our answers to the two submit- ted questions acrein the affirmative. SUMMARY The State Textbook Committee acting in accordance with Article 2675b-5, Subsection (f), V.C.S., as amended, In the exercise of Its broad discretiona~rypower granted there- under, may determine or adopt any reasonable method or plan it deems best to employ in the submission of its written recommendation con- cerning the teachable value of books submitted for Its examination, and may rate or rank such books according to their teachable value as determined by their evaluation and conslder- ation. Very truly yours ATTORNEY GENERAL OF TEXAS Cheater E. Ollison 0EO:djm Assistant APPROVED: 7-k FIR& ASSISTANT ATTORNEY GENERAL