AUSTIN, Texas – HB 1605 was passed by the conservative-controlled Texas legislature earlier this year in February. The bill was seemingly benign and filled with technical focus and according to the Texas American Federation of Teachers (TEA), a statewide labor union that represents public school employees in Texas, including teachers, nurses, counselors, and support staff:
- A new chapter of rules regarding the responsibilities of publishers, including a parent portal
- The quality rubrics for the K-12 mathematics and K-8 England Spanish language arts and reading
- The suitability rubric applicable to all grades and subject areas
- The process by which the TEA will conduct the new review and adoption process
House Bill 1605 mandates that all materials approved through the new Instructional Materials Review and Adoption (IMRA) process be accessible to parents via a parent portal. The board continued to discuss the timeline for meeting specific portal requirements, including when the materials must be made available for parental access.
[Wikimedia Commons
But the Texas law seems to go further, and these aspects emerged in a recent review of the law when Texas Education Commissioner Mike Morath testified before state lawmakers last Monday. According to the Commissioner, the Texas law grants public school teachers immunity from prosecution for violating the U.S. Constitution’s First Amendment clause regarding the separation of church and state.
This disclosure came during a heated session of the Texas House Committee on Public Education, which convened to discuss a wholly unrelated topic: new school vouchers and updated lesson plans and programs for the state’s public schools.
State Rep. James Talarico (D-Austin) questioned Morath extensively about the new educational materials revised under House Bill 1605.
HB 1605 aims to provide teachers with state-approved lesson plans and make those materials accessible to parents through an online portal. However, critics argue that Christian evangelicals have used the bill to incorporate Christian-centric content into the approved lessons.
Last year, Texas purchased an elementary school reading curriculum from a national publisher. A “small group” at the Texas Education Agency was then tasked with removing large sections on other religions, including Buddhism, Hinduism, Judaism, and all mentions of the Islamic prophet Muhammad, according to Talarico.
These omitted materials were replaced with Bible stories, Talarico added.
Morath confirmed those claims during his testimony.
The new lesson plans were released four days after the Texas Republican Party adopted a platform urging the Texas Legislature and the State Board of Education to mandate Bible instruction.
Morath insisted that the timing was coincidental.
“Are you concerned that Texas public school teachers using this new state curriculum might violate the Establishment Clause by teaching Bible stories in public schools?” Talarico asked Morath, who shook his head in disagreement.
“Then why does the bill, on the bottom of page 5, explicitly grant teachers who use this new curriculum immunity from violating the Establishment Clause in the United States Constitution?” Talarico pressed. Morath deflected, saying he didn’t understand the question.
If the Texas State Board of Education approves the new theocratic curriculum, schools that adopt and implement it into their reading classes will receive additional state funding. It’s important to note that Texas ranks near the bottom in public school spending per pupil.
Talarico also raised concerns about how prepared Texas teachers are to handle difficult theological questions from students, such as those related to Jesus’ Resurrection or the Sermon on the Mount. The Sermon on the Mount is considered a central text in Christian ethics, discussing a wide range of moral and spiritual teachings, emphasizing the principles of love, humility, mercy, and righteousness. These topics are apparently included in the new curriculum.
“When you’re talking about religion, when you’re talking about faith, you’re talking about theology—you’re playing with fire,” said Talarico, who happens to be a student at Austin’s Presbyterian Theological Seminary. “These are serious topics—the most serious topics in many of our lives. And so, to me, this seems not only reckless but potentially harmful to students, whether they’re Christians or not.”
State Rep. Matt Schaefer (R-Tyler), another member of the House Committee on Public Education, expressed no concern with the proposed lesson plans.
“The world’s major religions did not have an equal impact on the founding belief systems of our country,” said Schaefer, who represents the Tyler area. “I don’t think we should ever be ashamed of mentioning the name Jesus in our curriculum or shy away from the role of Christianity in developing this country and Western civilization.”
Schaefer announced last year that he will not seek re-election. “It’s time for the next conservative leader to be the voice of House District 6 in Austin,” Schaefer said in a Facebook post, adding that he looks “forward to spending more time with my wonderful wife, young children, church, and business.” The Texas Tribune noted, “Schaefer is known for being one of the farthest-right members of the lower chamber. He chaired the Freedom Caucus when it launched in 2017 and then took the helm again for 2023.”