Jul 15, 2014 by


“My Conversation with the Texas Attorney General’s Office – AP U. S. History Aligned with Common Core”

By Donna Garner



I just called the Texas Attorney General’s office 512-463-2100 and talked to Andrea who is a policy analyst for the TAG.  She said I have been doing the right thing to send my e-mails to the Public Information e-mail address ( ); but she also listened to my explanations, took notes, and said she would forward them for review by the TAG staff. 


I explained to Andrea that the TAG issued Opinion No. GA-1067 on June 17, 2014, stating essentially that Common Core Standards are illegal in Texas because of HB 462.  I told Andrea that David Coleman is the architect of the Common Core Standards and that when he finished that project, he became the president of The College Board.  Coleman has stated publicly numerous times that products from The College Board will be aligned with the Common Core (AP tests, PSAT, SAT, GED). 


At the #CANiSEE Solutions Conference To Stop Common Core that was held in Austin on June 20-21, Jane Robbins of the American Principles Project explained to the participants that the new AP U. S. History Framework that controls the AP curriculum and tests has recently been released and is clearly aligned with the Common Core. Robbins and other writers have published numerous, well-documented articles that delineate this alignment with the Common Core (see resource list below).  Therefore, the new AP U. S. History curriculum and tests are now illegal in Texas according to the Texas Attorney General and HB 462 (passed by the 83rd Legislative Session).


I asked Andrea to communicate to Texas Attorney General Greg Abbott that we expect him to enforce his Opinion No. GA-1067 by making it clear that the new AP U. S. History Framework, curriculum, and tests cannot be used in Texas. They are against Texas law.




Texas Education Code (TEC), Title 2, Subtitle F, Ch. 28, Subchapter A, Sec. 28.001. From what I have found, there is nothing in the TEC that says students who take Advanced Placement are exempt from the mandates of the Texas Essential Knowledge and Skills (TEKS – the Texas curriculum standards).  On the other hand, it clearly states all Texas public school students (K-12) are to be held accountable to the Texas Essential Knowledge and Skills as stated below:


Sec. 28.001.  PURPOSE.  It is the intent of the legislature that the essential knowledge and skills developed by the State Board of Education under this subchapter shall require all students to demonstrate the knowledge and skills necessary to read, write, compute, problem solve, think critically, apply technology, and communicate across all subject areas.  The essential knowledge and skills shall also prepare and enable all students to continue to learn in postsecondary educational, training, or employment settings.



(b)  The State Board of Education by rule shall designate subjects constituting a well-balanced curriculum to be offered by a school district that does not offer kindergarten through grade 12.



19 Texas Administrative Code section 66.66(b)(4) —$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=2&ch=66&rl=66

 (b) The State Board of Education (SBOE) shall adopt a list of adopted instructional materials in accordance with the Texas Education Code (TEC), §31.023. Instructional materials may be adopted only if they: …

(4) receive majority vote of the SBOE. However, noinstructional material may be adopted that contains content that clearly conflicts with the stated purpose of the TEC, §28.002(h).


Texas Education Code section 28.002(h) —

(h) The State Board of Education and each school district shall foster the continuation of the tradition of teaching United States and Texas history and the free enterprise system in regular subject matter and in reading courses and in the adoption of instructional materials. A primary purpose of the public school curriculum is to prepare thoughtful, active citizens who understand the importance of patriotism and can function productively in a free enterprise society with appreciation for the basic democratic values of our state and national heritage.


State Board of Education, Operating Rules, §2.9. Resolutions (4) (A) (B) (i) (ii) (iii):


(4) The board may adopt a resolution expressing an opinion related to instructional materials based on the following criteria:

(A) Instructional materials should present the most current factual information accurately and objectively without editorial opinion or bias by the authors. Theories should be clearly distinguished from fact and presented in an objective educational manner.

(B) Instructional materials should promote citizenship, patriotism, understanding of the essentials and benefits of the free enterprise system, respect for recognized authority, and respect for individual rights. The materials should not include selections or works that encourage or condone civil disorder, social strife, or disregard of the law. Violence, if it appears, should be treated in the context of its cause and consequence. It should not appear for reasons of unwholesome excitement or sensationalism.

(i) Instructional materials should present positive aspects of the United States and its heritage.

(ii) When significant political or social movements in history generate no clear consensus, instructional materials should present balanced and factual treatment of the positions.

(iii) Free enterprise means an economic system characterized by private or corporate ownership of capital goods; investments that are determined by private decision rather than by state control; and prices, production, and the distribution of goods that are determined in a free market.



Link to HB 462 passed by 83rd Legislative Session —





7.13.14 – “The New AP U. S. History Exam – Deal or No Deal?” by Jane Robbins, Larry Krieger – Breitbart —


7.12.14 – “Common Core David Coleman’s Next Deception:  The New AP U. S. History Exam” — By Dr. Susan Berry —


7.11.14 — “Texans, Stop AP U. S. History Tests from Being Implemented – Illegal in Texas”

By Donna Garner —


7.10.14 – “New War Over High School U.S. History” – by Stanley Kurtz – National Review —


7.7.14 –“Dinesh D’Souza’s America and Our Schools” – by Stanley Kurtz – National Review —


6.24.14 — “David Coleman Attacks Students’ Love of America” — by Donna Garner —


6.22.14 – “Urgent: AP US History Framework Tied to Common Core – Illegal in Texas” – by Donna Garner —




Donna Garner

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1 Comment

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    Sheila Hartzler

    As TX Attorney General, I am urging you to enforce your opinion concerning HB 462 in relation to Common Core standards and thereby curriculum which supports Common Core standards. Allowing the new College Board AP U.S. History Exam to be implemented in Texas classrooms necessarily requires the curriculum that supports that exam which is illegal according to your opinion. Please don’t allow this far left curriculum to come through the backdoor propagandizing our brightest student.

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