Texas Ed: Comments on Education from Texas

November 1, 2006

Ken Mercer: District 5 Candidate

Ken Mercer is running for the State Board of Eduction in district five. He, like board member Terri Leo, believes that the major media outlets in Texas have mischaracterized the Attorney General’s ruling concerning textbooks and the role of the SBOE. If you want to see why I think the media was right, see “Leo’s Letter and Why She Lost” for more information. For someone big on facts, Mercer manages to leave out facts like what the letter Leo actually wrote requested.

Leo’s Letter and why she lost « Texas Ed: Comments on Education from Texas:

General textbook content standards tell publishers what textbooks should not include – e.g., no sensational violence, no blatantly offensive language or illustrations, no group stereotyping. General textbook content standards are a democratic check and balance by Texas’ elected State Board of Education on editors and authors, monitoring accountability on concerns that the TEKS by their nature cannot address.

But even if we were to agree on facts, I’m pretty sure I would have a hard time communicating with Mercer since I’m not certain we’re even speaking the same language, English, that is. Take the following excerpt of what Mercer wrote arguing that the media got it wrong and that the ruling was a great victory for conservatives.

TexasInsider – Opinion – Ken Mercer – Statewide Media LIes to 22 Million Texans

Abbott’s GA-0456 opens describing the flawed, ten-year-old Morales opinion:

“This (1996) office considered both of these issues in Attorney General Opinion DM-424 and concluded that (1) the Board has no authority to adopt rules establishing content criteria for textbook approval beyond that contained in the Education Code and (2) the Board lacks authority to consider ancillary items.”

Then AG Abbott clarified the rationale for reconsidering that 1996 opinion: “You ask us to reevaluate that opinion.”

Here is what the AG concluded:

“The Board has significant statutory authority over textbooks and textbook content in the adoption process.”

“We accordingly conclude that the Board may adopt general textbook content standards to the extent such standards fall within the express powers granted by the Education Code and those impliedpowers necessary to effectuate its express powers.”

A huge SBOE victory and major defeat for liberals! Two more “killer” Abbott quotes:

“Opinion DM-424 wrongly concludes that the terms “supplementary instructional ‘materials” and “ancillary materials” are mutually exclusive.”

“Opinion DM-424 further errs in suggesting that it is textbook publishers, not the Board, who determine what materials are textbooks subject to the Boards review jurisdiction.”

For the SMM, it gets worse:

“To the extent Opinion DM-424 is read or applied inconsistently with this conclusion, that opinion is overruled.”

How did the SMM miss the four occurrences of the legal word “overruled”?

How is the second statement in red type a tremendous victory over the first statement in green type? Both say they have power based on what is granted by the Education Code. The 1996 opinion states the board has no power “beyond” what is stated and the Abbott opinion states the board has power to the “extent” granted by the Education Code. Am I missing something here?

Abbot overruled the second part (underlined purple font) statement of the 1996 opinion. The board has the right to evaluate ancillary items and that does make sense. However, I think Leo was asking for more than to just the right to apply to ancillary items the same authority already granted to the board to evaluate textbooks. She was looking for Abbott to add language interpreting the Education Code that would expand the board’s authority. Fortunately, Abbott didn’t rise to the bait.



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