.’
R-980



## OFFICE OF’ 

# THEATTORNEY GENERAL

AUSTIN. TEXAS

PRICE DANIEL ATTORNEY

GENERAL December 23, 1947

Honorable L. A. Woods State Superintendent of Public Instruction Department ofEducation Austin, ~Texas
Dear Sir: Opinion No. V-465
Re: Authority of State Board of Education to adopt “consumable” textbooks.

Your letter of recent date inquiring as to the legality of awards of contracts by the State Board ofEducation for -consumable” textbooks~ reads, inpart, as follows:

“In recent years several contracts have been awarded for textbooks which are inthe general classification ofworkbooks and which are used upeach year or each half year. For the most part such books are used by the pupils inthe pre-primer and primer levels ofthe first grade although there is a growing tendency to extend upward such adoptions. There are now in existence contracts onworktype books in the preprimer, primer, first, and second grade levels.
“Contracts onworktype books are very expensive since a complete supply must be purchased annually; and because ofthe very nature’of such books, they are more expensive to produce than traditional types oftextbooks. *

. . . . “At the recent textbook adoption, a contract was awarded for consumable textbooks inHandwriting for grades one and two. The contract period on this particular award was fixed at six years. This means that for the two grades involved the State must purchase a complete set ofnew Handwriting books for each ofthe six years, or approximately two million copies at $0.195 per copy. For all other grades the traditional type copybooks for Handwritfng were adopted, and although they are paper-bound, records ofthe past years indicate that they will last three or more years. The contract period on these books was for six years also, and the State will probably have to buy for grades three,Honorable L. A. Woods, Page 2 (V-465)

four, five, six, seven, and eight approximately two million copies only at $0.11 each. The purchase of consumable type books on this basis inHandwriting for grades one and two will cost more than five times as much as traditional type books would cost.

‘Please give me the benefit ofyour opinion concerning the following question :

“Is it legal for the State Board ofEducation to award contracts on consumable textbooks, inHandwriting for grades one and two? *
Article 2842, V.C.S., provides:

“It shall be the duty ofthe State Board ofEducation

. . . tomeet

. . .for the purpose of considering the advisability of continuing or discontinuing, atthe expiration ofeach current contract, any and all ofthe State adopted textbooks ifused in the public schools of Texas, and ofmaking such adoptions as are provided for inArticles 2843, 2844, and 2844a, Revised Civil Statutes, 1925, as amended. Before making any change inthe adopted series, however, the State Board ofEducation shall, upon thorough investigation, satisfy itself that achange is necessary for the best i&Z ofthe school children and that such change is consistent with financial economy. Provided, that unless new texts better suited to the requirements ofthe school’and at a price and quality satisfactory to the Board are offered to supplant existing texts, then the Board shall renew the existing contracts for such aperiod as may be deemed advisable not to exceed aperiod of six (6) years.
. . Provided further that before the Board shall determine to displace any book upon which the contract is expiring, it shall, before making anew contract for anew text, ascertain through the office ofthe State Superintendent ofPublic Instruction the number ofusable books of the kind onwhich the contract has, or is about to expire, there are onhand, and also the estimated number of such books that would be required to supply the needs ofthe Schools ofthe State using said books for the first, second, and third years immediately succeeding the expiration ofthe contract on said books

. . .If, upon consideration ofthe cost of the books required to supply such needs for such aperiod, hitappears to the Board that itwill be economical to do so, itmay make a contract with such publisher to furnish such books during said first, second year or third year period with aviewHonorable L. Ai Woods, Page 3(V-465)

to using, upthe entire supply of such books on hand instead ofwasting the same at the expiration of the original contract. At the expiration of such period, the Board....hall then make acontract for atextbook

‘!~onthe subject

. . . The series of copy books and series of drawing books shall each be considered as one book.

. .”
Article 2843, V.C.S., as amended by Senate Bill No. 215, 50th Legislature,.&gular Session, Acts 1947, reads, inpart, as follows:

‘The Textbook Co-ission (State Board of Education) authorized’by this Act shall have authorityto select and adopt auniform system ontextbooks to be used in the public free schools ofTexas, and the book6 60 selected and adopted shall be printed inthe English language, and shall include and be limited to textbooks onthe following 6ubjeCt6: Spelling, reading,

. a system ofwriting books, a system of drawing books,

. . .”
Article 2848, V.C.S., provides: Y

. . . The textbooks shall ,be selected and adopted after a **careiul** examination and consideration of all books presented, and the books selected and adopted **shall b6**  **those Wfiidi,**  **in the**  opinion ofthe c.o~ission, are **most** acceptable in the schools-quality, mechanical~constructfon, paper, print, price, authorship, literary merits and other relevant matters being given such weight inmaking its decision as the Commission may deem advisable

. . .no textbook shall be adopted until itha6 been read carefully and examined by at least amajority of the Commissron.” (Kmpha616 in above quotatrons ours).
Ar&e 2048, V.&i., vests the State Board ofEducation with final discretionary &uthor,ity to select and adopt those textbook6 authorized by statute which, in the opinion ofthe Board, are most acceptable in the schools, the cost or price thereof being given such weight inmaking its decision as the Board may deem advisable.

Likewise, as to previously adopted textbooks on any subject, the Board is further authorized under Article 2842, V.C,S., to make a change provided it satisfies itself “that achange is necessary for the best intere6t ofthe school children and that such change is consistent with financial economy.” Indeed, “unless new text6 better suited to the requirement6 ofthe school and at aprice and quality satisfactoryHonorable L. A. Woods, Page 4 (V-465)

to the Board are offered to supplant existing texts,” the statute provides that the Board shall renew the existing contracts.

Presumably, the Board in adopting anew textbook in Handwriting, referred to inyour letter a6being inthe ‘consumable* form rather than inthe traditional copy book form, has determined that this Handwriting book adopted is the most acceptable inthe schools and that it is best suited for the requirements ofthe school or classes involved, the matter ofprice and replacement having been fully considered.
We find no statutory requirement that limits the Board in its adoption or readoption of textbooks in respect to the selection of text6 ofthe traditional type. It is true, the Legislature has wisely stressed financial economy in the matter ofadoption oftextbooks and has provided aprocedure to avoid waste, requiring the using up of those textbook6 to be supplanted with new adoptions. The primary duty ofthe Board ofEducation in this matter is to select and adopt such texts a6 should be for the best interest ofthe school children of Texas. Accordingly, we an6wer your submitted question inthe affirmative.
SUMMARY

Acting under and by virtue ofthe provisions of Article 2842, 2843 and 2848, V.C..S., the State Board ofEducation may legally award contracts on consumable textbooks inHandwriting for grade6 one and two.
Yours very truly
ATTORNEYGENERALOFTEXAS

Chester E. Ollison Assistant CEO/mw/JCP

APPROVED :