THE AXTCBRNEY GENERAL
OF TEXAS
February 25, 1976
The Honorable William A. Webb Opinion No. B-787
Acting Commissioner
Coordinating Board Re: Whether the Coorain-
Texas College and University ating Board's policy
Sy8tenl statement on academic
P. O:Sox 12780, Capitol Station freedom and responsibil-
Austin, Texa8 70711~ ity is a mandate or a
recommendation.
Dear Commissioner Webb:
You have requested our opinion regarding a portion of
section 61.057 of the Education Code, which reads, in perti-
nent part:
To achieve excellence in the teaching
of students at institutions and agencies
of higher education, the [Coordinating
Bloard shall:
(1) develop and recommend:
..~.
. . .
(E) minimum standards for
academic freedom, academic
responsibility and tenure. . . .
You ask whether an institution of higher education is required
under this provision to adopt the terms of the Board's
policy statement on academic freedom.
p. 3319
The Honorable William A. Webb - page 2 H-787
Although the statute'clearly requires the Coordinating
Board to "develop and recommend" minimum standards, it imposes
no obligation upon any institution to adopt those standards.
The use of the term "recommend" leaves no room for doubt. Its
primary meaning is advisory rather than obligatory. --
In re
Estate of Ho an, 146 N.W.Zd 257, 259 (Iowa 1966). See also
mgg)$& ~~~~~B~~~~d:~:t~pdv~'~~l~~~~~
P.2a 943, 946.M. 6);oie v. Gates,116 Cal. Rptr.
172, 170 (Ct. App. 1974). &i~is~ our opinion that an
institution of higher education is not required by section
61:057 of the Education Code to adopt the terms of the
Coordinating Board's policy statement on academic freedom.
We express no view on your second question which asks
whether or in what manner the Board should modify the langage
of its policy statement.
SUMMARY
An institution of higher education is
not required by section 61.057 of the
Education Code to adopt the terms of
the Coordinating Soard's policy state-
ment on academic freedom.
Very truly yours,
&PROVED:
Opinion Committee
jwb
p. 3320