09:36 AM CDT on Wednesday, July 19, 2006

Associated Press

AUSTIN  -- State funds for purchasing school textbooks cannot be used to buy laptops and other computer hardware, Texas Attorney General Greg Abbott has ruled.

AP

Texas AG nixes plans to use text book funds to buy laptops

Abbott released his opinion Tuesday in response to questions raised by the State Board of Education after some lawmakers sought to shift funding from books to technology.

According to the opinion, a textbook is not “computer hardware and other equipment.” Rather, a textbook is what contains educational content, such as a book or computer software.

The state pays for textbooks out of the Permanent School Fund, which is managed by the State Board of Education, a 15-member elected board.

The $20 billion fund generates about $800 million a year for textbooks and other instructional materials.

Board chairwoman Geraldine “Tincy” Miller requested the opinion.

“I’m absolutely delighted in the answer to the question that we asked,” said Miller, R-Dallas. “I think it once and for all defines that instructional content material is a textbook or software. It is not a device, a piece of equipment or hardware.”

The House last year passed legislation to shift classroom focus from textbooks to computers, technology and online material.

The bill died in the Senate.

Miller said Abbott’s opinion should protect the Permanent School Fund, which was established by the Texas Constitution in 1876, as lawmakers continue to debate instructional materials.

The Legislature this year voted to delay the state board’s purchasing of more textbooks while lawmakers study possible changes to the textbook purchase process during the regular session, which begins in January.

Miller said technology expenses shouldn’t come out of the Permanent School Fund.

“Nothing is more precious than a book,” she said.