They passed the bill when they were fully in control of the Lege. Now the one thing that ACLU was able to win in the lawsuit was that the course must be taught in an objective way i.e. not just pro-Christian. The course is an elective i.e. not mandatory.
ACLU Press ReleaseTexas School Board Agrees To Stop Teaching Unconstitutional Bible Class In Public SchoolsMar 5th, 2008
Texas School Board Agrees To Stop Teaching Unconstitutional Bible Class In Public Schools
ODESSA, TX - The Ector County School Board agreed today to stop teaching a course in its public schools that unconstitutionally promotes a particular interpretation of the Bible that is not shared by Jews, Catholics, Orthodox Christians, and most Protestants.
The agreement settles a federal lawsuit filed in May 2007 that was brought by eight Odessa parents and taxpayers who argued that the course, created by a religious organization, violated their constitutional right to religious liberty by promoting specific religious doctrines to children in their community. The parents were represented by the American Civil Liberties Union, the ACLU of Texas, People For the American Way Foundation and the law firm of Jenner and Block LLP
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Public schools may offer courses about the Bible if they do so in an objective and balanced way, said Judith E. Schaeffer, Legal Director of People For the American Way Foundation. "But the evidence is overwhelming that these constitutional principles have been ignored in Ector County schools. Students have been taught one religious interpretation of the Bible. That's not only violating the Constitution, it's also giving students a bad education."
So to answer your question - it is legal. However civil liberties groups like ACLU are ever vigilant to make sure the districts don't cross the line. If you think your school district is doing it wrong - let ACLU know. They will take them to court.
Sonia