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
Untitled Texas Attorney General Opinion
Combined Opinion