Ken Paxton


The State Board of Education's authority with regard to local textbook adoption must be considered in light of the law that all powers and duties not specifically delegated by statute to the Board are reserved for the trustees of the school districts, and the agency may not substitute its judgment for the lawful exercise of those powers and duties by the trustees of the school districts under Education Code section 11.151.|The State Board of Education has authority to impose an administrative penalty against a publisher for a factual error identified by a school district under Education Code section 31.151.|It would likely exceed the State Board of Education's rulemaking authority to establish a rule that regulates school districts' compliance under Education Code subsection 28.002(h).

Opinion File