| Purpose of the study. The purpose of this study was to analyze, summarize and categorize the opinions of the attorneys general concerning the administration of public schools in Texas from 1980 through 1999 in a way that would benefit public school administrators. The quantity and nature of the opinions in each category were compared to prior studies by Gordon Brooks, 1955 through 1969, and Rodney Pat Smith, 1970 through 1979 to show trends over a forty-five year period.; Procedures. Related literature was reviewed to determine the origins and evolution of the Office of the Attorney General. The role and responsibilities of the attorney general, the procedures for requesting and rendering a formal opinion, and the weight opinions carry were included in this study. Full copies of all opinions related to public school administration during the past twenty years, were obtained through law libraries or the Internet. After careful review, opinions were assigned to categories and subcategories based on the specific administrative functions.; Findings. (1) As chief law officer of the state, primary functions of the attorney general include representing the state in litigation and providing legal advice in the form of opinions to the governor, specific heads of state departments, legislative committees, and county authorities. (2) Two hundred-fifty opinions including advisory opinions, letter opinions and open records decisions were included in this study. (3) Opinions from the attorneys general are not law, but often interpret the law. Opinions carry great weight and are seldom overturned in the courts.; Conclusions. (1) The Internet has made the attorneys' general opinions more accessible than ever before. (2) Over the past forty-five years there has been a significant increase in school administration at the local levels rather than at the state and county level. (3) Open records opinions resulted from the Open Records Act of 1973, and have made up a significant number of requests since that time. Public school administrators need to be cognizant of the legal ramifications of their decisions in an increasingly litigious society. |
