November 16, 1965

Hr. J. W. Edgar Commissionerof Education Texas Education Agency Austin, Texaa Opinion lo. c-548

Re: Uhether the Rio Grande IndependentRehabilltation Distplet Is an independent school district within themeaning and lntendment of the Foundation School ProgramAct (Articles 2922-U et seq.V.C.S.) authorizingpayment of State aid beneflts to eligible school districts and reDear Mr. Edgar: lated question.

Hour letter of October 19, 1965, requesting our opinion relative to the above captionedmatter reads in part a8 follows:

"The Rio Grande IndependentRehabilltatlon Diatrlet (comprisingHldalgo and Cameron Counties)
was created in November, 1964 pursuant to an election held under Sectlon 8 of Article 2675k. It ha8 a Board of Directors and officers a8 authorizedunder Section 7, supra. And pursuant to Section 9 an ad velorem tax has recentlybeen levied by the District for the eupport of lte activitleeand program. In
or about July, 1965 it employed a superintendentand designated the regular offices of the District to be at Hercedes.

"The Board of Directors of the Rio Grande IndependentRehabilitationDistrict has requested that I submit for an opinion from the Office of Attorney General the following questions.

"1. Is the Rio Grande IndependentRehabilitation District an independent school districtwithin the mearring

and intendment of the Foundation School Program Act (Articles2922-11, et seq.V.C.S.) authorizingpayment of State aid benefits to ellgible schooldistricts?

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Mr. J. W. Edgar, page 2 (C-548 )

"2. Is said IndependentRehabilitationDlstrlct eligible for financial assistanceunder Title III of the Watlonal Defense Act of 1958 (as amended in 1964 to cover additional subjects), as'conatitutlhga part of the public elementary and/or seaondary schoolprogram of Texas? e D *"

In passing onyour questionNo. 1, WC have carefully reviewed all of the provisionsunder Article 2675k,Vernon's Civil Statutes of Texas, and find that the Legislaturehas not expresslyprovided that the provisions of the Foundatlon School Program Act (Articles 2922-11 et seq.,Vernon's Civil Statutes of Texas) shallbe applicable to IndependentRehabilitation Districts.

We are also of the opinion that Article 2675k cannot be reasonably construed to mean that the Legislature Intended for the FoundationSchool ProgramAct to apply to Independent RehabilitationDlst,rlcts. Sections 6(d) and 6(e) of Article 2675k, In our opinion, lendweight to this conclusion, We quote these two sections as follows:

"(d) To provide for the continuationof an educationalprogram for handicappedpersons between the ages of six (6) and seventeen (17) Inclusive, the training facility operatedby and within the t Dlstrle teachers (units) through the public school district in which said training f illty 1 located; the baals for establishing,t;eratlngy and the formula to be used for determiningallocation of each type of special educationunit shall be the same as required by the Texas Education Agency of any school district. (Emphasisadded.)
v(e) All handicappedpersons of scholastic age enrolled and in training in a District shall be credited to the regular school district from which theywere referred to said District or in mhlch theyresided at the time they entered for 'trainingat said District, and such District shall be entitled to receive all State aid and benefits for each referred trainee that sald regular school districts fromwhich said traineeswere so referred to said Districtor in which they so resided at the time of their enrollment at the'Dlstrfct would have been entitledbased on the attendance of said traineeswithin said scholasticages." Thphasis added.)

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Under the Foundation School Program Act, all eligible regular school districts,upon application, receive State aid and benefits directly from the State. Sections 6(d) and 6(e) of Article 2675k indicate that the Legislaturedid not Intend that IndependentRehabilitationDistricts receive State aid and benefits directly. Subdivision (d) saya that the IndependentRehabilitationDistricts shall be assigned specla'l education teachers through the public school district in which a training facility of such RehabilitationDistrict Is located. Subdivialon (e) says in substance each handicappedperson enrolled in tralning In a RehabilitationDistrict shall be credited to his regular school district, and that where such trainee is referred or assigned from a regular school district to a RehabilitationDlstrlct, such RehabilitationDistrictwould receive through the regular school district such State aid and benefits that the regular school districtwould have been entitled to based on the attendance of said traineehad the trainee not been referred or assigned. Baaed upon our construction of the above two subdivisions, it la
our opinion that the only State aid and benefits that the Rehabllltation Districtswould be entitled to would come through the regular school districts and not directly from the State.

Based upon the above considerations,we respectfully
answer your question No. 1 In the negative.

In consideringyour questionHo. 2, we note that the Rational Defense Act of I958 authorizes financlal~asslstanceto the States in order to establish and maintain a program for strengthening science,mathematics and modern foreign language instruction in public schools. This Act was amended in 1964 to Include additional subjects. See Sections 441-445, Title 20, USCA, as amended.

Section 441, Title 20, USCA, as amended, authorizes an appropriation of $70miI.lionfor the fiscalyear ending June 30, 1959, and for each of the five succeeding fiscalyears, and $90 million for the fiscalyear ending June 30, 1965, and for each of the three succeeding fiscalyears, formaking payments to state education agenciesunder this Title for the acquisition of equipment and forminor remodeling of laboratoryand other special equipment (other than supplies consumed In use), includingaudiovisualmaterials **and** equipment. printedand published materials, suitable for use in providing education in shience,mathematics, history, cIvIcs, geography,modern foreign language, English, or reading in public elementary or secondary achooIs, or both, and for test grading equipment and special equipment for audiovisual equipment for such schools. This section further authorizesan appropriation of $5 milllon~for the fiscal year ending June 30,

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Mr. J. Y. Edgar, page 4 (c-548 )

1959, and for each of the five succeeding flscal years3 and $10mllllon for the fiscalyear ending June 30, 1965, and for each of the three succeeding fiscalyears, for payments to state education agencies for the expansion or Improvement of supervisoryor related services in public elementary and secondschools In the fields of science,mathematics,history, clvios, ,E5GGlF- ,modern foreign languages,English, and reading and for the aMnistration of the State plan.

As announced in Attorney General's Opinion No. WU-868, dated June 28, 1960, one of the criteria for determining eliglbility for financialassistanceunder the National Defense Act of 1958 is whether a school Is a part of the public elementaryand/or secondary schoolprogram of a State.

Section 403(g), Title 20, USCA, contains the following definition:

"The term 'elementaryschool'means a school

which provides elementary education, as determined under state law or, if such school is not In any State, as determlnedby the Commissioner."

Section 403(h), Title 20, USCA, contains this definition:

"The term 'secondaryschool'means a school

whichprovides secondary education,as determined under state law or, if such school is not in any State, as determinedby the Commissioner, except that it does not include any educationprovided beyond grade 12

. . ."

In determiningwhether Texas Public Junior Collegeswere eligible for assistanceunder Title III of the National Defense Act of 1958, this office said in Opinion No. W-868:

"

. . . the Texas Public Junior Colleges are governed, administeredand controlledby the Board of Education of the IndependentSchool Districts
or Junior College Districts of the particular district in which each is located and all such districts are under the general control of the Central Education Agency as etated in Article 2654-L Vernon'8 Civil Statutes. Under Article 2815h,Vernon's Civil Statutes, the Junior College Districtsare given power to issue bonds, levy taxes to service same, and levy and collect taxes for their support and maintenance. Therefore, Junior Colleges of Texas are an integral part of the local public school system, and, as auoh, are a part of the

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Hr. J. W. Edgar, page 5 (c-548: )

secondarypublic schoolprogramwhich Includes high schools and junior colleges. ,Althoughfrom
a curriculum standpoint, the Texas Public Junior Colleges are consideredhigher education, since they offer work parallel to that of the first two years of the fouryear colleges, they also come within the definition of secondary school~s in Texas,being governed and financed In the same manner on the State and local levels as are other secondary schools in Texas and we conclude that this is controlling In determining their legal status as secondary schools.
“Therefore,It is the opinion of this Department that Texas PublicJunior Colleges
are an Integralpart of the local public school system,and, as such, under State law, are a part of the public secondary school system of Texas which entitles them to financial aasistante under Title III of the National Defense Education Act of 1958.”

Under Article 2675k, IndependentRehabilitationDistricts are controlledby their Board of Directorwand a31 these diitricts are under the general control of the Texas Education Agency aa stated in Article 2654-l. Such districts are authorized to levy and collect taxes for their support and maintenance. One of the purposes of IndependentRehabilitationDistrlats Is to provide an educationaland trainingprogram for handicapped
sons between the ages of six (6) and seventeen & per17) inclusive. Applying the reasoning quoted from Opinion WW-8 8 above, we are of the opinion that IndependentRehabilitationDistricts are an integralpart of our public schoolprogram of Texas, and that schoolsprovided by said districtswould constitute a part of the public elementary and/or secondary schoolprogram of Texas, thus enabling such Districts to be eligible for financial asslstante under Title III of the National Defense Act of 1958, as amended.

The Rio Grande IndependentRehabilitation

District is not an independent school district withip the meaning and intendaent of the foundatien School Program Act (Articlea 2922-11 et seq. V.C.S.) and therefore Is not entitled to receive State aid and benefits directly from the State.

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DA:ra:zt The Rio Grande IndependentRehabilitation

District is an Integralpart of our public school program of Texas, and schoolsprovided by such districtwould ponatitutea part of the public elementaryan&/or secondary schoolprogram of Texas, thus enabling such Districts to be ellglble for financial assistanceunder Title III of the National Defense Act of 1958, as amended.

Very truly youm,
WAGQONER CARR Attorney General

APPROVED: OPINIOR COHMITTEE

W. V. Geppert, Chairman

Plalcolm

L. Quick Pat Bailey Paul Phy John Falnter Alan Minter

APPROVED FORTRE ATTORNEYGENERAL BY: T. B. Wright Assistant

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