September 2006, Attorney General Abbott
student went to court over the charges,
issued an opinion finding that the state
and the jury did put his idealism above
board has "significant statutory authori-
his rule-breaking. In November 2006 a
ty" over the content of textbooks and sup-
jury found 15-year-old Irvin DeLuna
plemental items.190
not guilty of disrupting class, apparent-
ly accepting defense attorney Travis
Williamson's argument that protests
Religion
· Plano--In March, tensions over a middle
are "the only way a student can be heard.
It's a protected activity. They can't vote.
school student's religious club landed the
The only thing they can do is protest."188
Plano school district in a legal battle.
Michael Shell, a 13-year-old student, filed a
suit against the district after his organiza-
Book Banning
· Judson--In March, the Judson school board
tion, Students Witnessing Absolute Truth,
was denied support by the school equiva-
reversed the district superintendent's
lent to that provided to other student orga-
removal of the science fiction work The
nizations. One of those inequities--that
Handmaid's Tale from an advanced place-
information for his organization wasn't
ment English curriculum. Superintendent
posted on Haggard Middle School's web-
Ed Lyman had banned the book after
site--was rectified quickly by the school.
receiving complaints from parents about
The other major point of contention--that
sexually explicit scenes and content offen-
unlike other clubs, SWAT had only a "cus-
sive to Christians. The board overturned
todial staff representative" rather than a
Lyman's ban after Lyman had himself
faculty adviser, which among other things
overruled a recommendation to keep the
kept the club from opening a school bank
novel by a committee of teachers, students,
and a parent.189
account--was much stickier.
· Austin--A 1995 law stripped the Texas
The problem for the district was that
it cannot promote religion, and officials
Board of Education of most of its power to
believed that putting a staff member in
approve or reject textbooks for the state. In
charge of the group would be illegally
January 2006, the State Board requested
sponsoring religion. Attorneys for SWAT,
an opinion from Attorney General Greg
however, argued that it was discrimina-
Abbott to see if they could get that power
tion against religion not to give Shell's
back. At the heart of debate was who
group the same resources and privileges
should be able to decide what Texas stu-
afforded to other clubs. In the end, Shell
dents learn about such hot-button issues
won: In April the district agreed to give
as evolution, birth control, and interpreta-
SWAT the same benefits and privileges as
tions of history. "Every year, some board
secular groups, as well as to pay legal fees
members demonstrate that given the
and damages of $100.191
opportunity, they would edit and change
· Colleyville--The 200506 yearbook at
textbooks based not on the facts, but on
their personal beliefs," said Dan Quinn of
Liberty Elementary School came with a
the Texas Freedom Network. "That is a
controversial feature: A cover with a pic-
road you don't want to go down if you
ture of a 2005 liberty nickel that was miss-
want a good education system." In con-
ing the words "In God We Trust," and a
trast, Director of Americans for Prosperity
sticker with the missing words inside the
Peggy Venable said that "textbooks are
book that students could affix to their
purchased with money out of the state's
covers if they chose to. "I think it was the
Permanent School Fund, and the state
principal making every effort to make
board has a constitutional responsibility
sure that all faiths are respected,"
to oversee how those funds are spent." In
explained school district spokesman
49