Opinion No. Oag 13-88, (1988)

FRED A. RISSER, Chairperson Senate Organization Committee

You ask whether 1987 Senate Bill 366, which directs the superintendent of public instruction to loan textbooks to elementary and secondary school students, would be constitutional if enacted into law. Under the bill, the superintendent would, at the request of the student or the student's parent or guardian, loan items on an approved list of textbooks which could not promote the interest of any religion. The bill also requires that public and private school students participate equally in the program.

Although my opinion is necessarily…