August 28, 2008

Does the State of Texas Mandate Religion Instruction in Public Schools?

Section 28.002(a) of the Education Code defines the required foundation and enrichment curriculum for school districts and charter schools but does not identify courses that school districts must offer. Education Code subsection 28.002(a)(2)(H) provides that the enrichment curriculum will include “religious literature, including the Hebrew Scriptures (Old Testament) and New Testament, and its impact on history and literature,” but the Legislature did not mandate that this curriculum instruction be provided in independent courses. The State Board of Education, however, may provide for enrichment curriculum offerings in school districts by rule.

In furtherance of the enrichment curriculum requirement concerning “religious literature, including the Hebrew Scriptures (Old Testament) and New Testament, and its impact on history and literature,” section 28.011 of the Education Code authorizes but does not require school districts and charter schools to offer elective courses on the Hebrew Scriptures and its impact or on the New Testament and its impact. Such discretion does not, however, mean that school districts or charter schools are not required to comply with the curriculum requirements in subsection 28.002(a)(2).

If a school district or charter school chooses to offer a course authorized by section 28.011 and fewer than fifteen students at a campus register to enroll in the course, the district or charter school is not required to provide the course at that campus for that semester, but that does not mean that the school is not required to comply with the curriculum requirements in subsection 28.002(a)(2).

Read the full answer at the link.

Posted by: Sapphocrat

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