The Texas State Board of Education (SBOE) on June 26 approved new English language arts and reading requirements specifying required vocabulary and literary works for each grade level. Adopted by a vote of 9-5 with one abstention, the requirements will affect nearly 5.5 million students—representing 11% of the total U.S. public school population. The requirements implement HB 1605, a 2023 state law directing the board to adopt grade-specific vocabulary and literary works as an addendum to the reading language arts standards. HB 1605 also established the Instructional Materials Review and Approval (IMRA) process and directed the Texas Education Agency to develop state-owned instructional materials, now known as Bluebonnet Learning. The SBOE-approved Literary Works List emphasizes classic literature and includes Bible excerpts in multiple high school courses—raising potential Establishment Clause questions depending on how the materials are implemented. Although the requirements reflect increased state control over curriculum, school districts may retain discretion over how the texts are taught and contextualized, subject to TEA guidance and applicable standards.

First Amendment Considerations

The First Amendment’s Establishment Clause prohibits the government from making any law “respecting an establishment of religion.” The U.S. Supreme Court has distinguished between teaching about religion in an objective, academic manner, which may be constitutionally permissible, and religious instruction or devotional activities, which are not. In Sch. Dist. of Abington Twp. v. Schempp, 374 U.S. 203 (1963), the Court struck down mandatory Bible readings in public schools but acknowledged that “the Bible is worthy of study for its literary and historic qualities” when presented “objectively as part of a secular program of education.” More recently, in Kennedy v. Bremerton Sch. Dist., 597 U.S. 507 (2022), the Supreme Court emphasized that the Establishment Clause should be interpreted by “reference to historical practices and understandings,” departing from the Lemon v. Kurtzman, 403 U.S. 602 (1971), endorsement test. This shift in jurisprudence may affect how courts analyze state-mandated religious content in public school curricula.

The constitutionality of the Texas requirements will likely depend on how the Bible excerpts are implemented in practice. Key factors courts may consider include:

• whether the primary purpose is to advance religion or serve a secular educational objective
• whether passages are taught devotionally or as academic literature
• whether the use of particular Bible translations reflects a preference for certain religious traditions
• whether the mandatory nature of the list places impermissible pressure on students of different faiths and
• under Kennedy, whether historical practices support including religious texts in public school curricula.

The SBOE-approved Literary Works List comes amid broader litigation and public debate over the role of religion in Texas public schools, including ongoing challenges to SB 10, a 2025 law requiring display of the Ten Commandments in public school classrooms. See  S.B. 10, 89th Leg., Reg. Sess. (Tex. 2025); Tex. Educ. Code § 1.0041; Nathan v. Alamo Heights Indep. Sch. Dist., No. 5:25-cv-01053, 2025 WL 2375721 (W.D. Tex. Jul. 8, 2025).

Those disputes may shape how courts and districts evaluate implementation of religious content in public school settings. Religious liberty advocates, including Americans United for Separation of Church and State and the Freedom From Religion Foundation, have criticized the Literary Works List as showing unconstitutional religious favoritism. Meanwhile, supporters contend there is a legitimate distinction between proselytizing and utilizing the Bible as significant literature, arguing its historical and cultural influence justifies inclusion in a secular educational program.

Looking Ahead

The new requirements will be phased in the coming years, and school districts should begin preparing now for implementation. Because the legal risk is likely to depend less on the mere inclusion of religious texts and more on how those texts are used in the classroom, school districts should consider adopting practical safeguards before instruction begins.

Those safeguards may include:

• teacher guidance emphasizing objective, academic presentation of religious materials
• documentation of the secular instructional purpose for assigned excerpts
• consistent treatment of religious and nonreligious texts and
• procedures for responding to parent or student objections, including requests for accommodations where appropriate.

Districts should also monitor ongoing litigation involving religion in public schools and consult legal counsel as implementation guidance develops.

Please contact Claudine Jackson or Helen Jay or any member of Phelps’ Labor and Employment or Education teams with questions or for advice and guidance.