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F I S C A L I M P A C T R E P O R T

SPONSOR Williams

ORIGINAL DATE

LAST UPDATED

1/29/2007

HM HJM 14

SHORT TITLE Objective Teaching of Biological Origins

SB

ANALYST Aguilar

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates SJM 9

Relates to SB 371, HB 506

SOURCES OF INFORMATION

LFC Files

Responses Received From

Public Education Department (PED)

SUMMARY

Synopsis of House Joint Memorial

House Joint Memorial 14 raises concerns with the current teaching of evolutionary theory in

public schools. The joint memorial finds that most parents favor allowing teachers to discuss the

strengths and weaknesses of evolutionary theory when biological origins are taught. The

memorial takes issue with state law because it does not expressly protect a teacher’s right to

objectively present scientific critiques of evolutionary theory nor does it assure parents that their

children will be objectively informed in this area. It concludes that students’ rights are not

adequately protected in this area.

The memorial resolves that the Public Education Department (PED) be requested to ensure that teachers

have the right and freedom to objectively inform students of any scientific information that is relevant to

both the strengths and weaknesses of a theory of biological origins.

The memorial further resolves that the PED be requested to ensure that teachers not be reassigned,

terminated, disciplined or otherwise discriminated against for objectively informing students of scientific

House Joint Memorial 14 – Page

2

information relevant to both the strengths and weaknesses of a theory of biological origins.

The memorial also resolves that the PED be requested to ensure students are encouraged to critically analyze

scientific information and allowed the right and freedom to reach their own conclusions about biological

origins; the PED is also requested to ensure that no student is penalized for adopting a particular position on

biological origins.

SIGNIFICANT ISSUES

The Public Education Department notes that the memorial appears to seek the PED to compel

school districts to permit classroom teachers to teach outside of district-approved and adopted

textbooks on the topic of biological origin of life. However, compelling or permitting the

teaching of religion as science implicates the Establishment Clause of the First Amendment and

would result in litigation against the department under any number of legal theories.

PED further notes that the memorial could be read as requiring the PED to adopt statewide rules,

require the adoption of certain textbooks or change curriculum standards consistent with this

memorial on the issue of biological origins.

PA/nt