November 16, 1965 

Hr. J. W. Edgar 

Commissioner of Education 

Texas Education Agency 

Austin, Texaa 

Opinion lo. c-548 

Re: Uhether the Rio Grande 

Independent Rehabilltation Distplet Is an independent school district 

within the meaning and lntendment of the Foundation 

School Program Act (Articles 

2922-U et seq. V.C.S.) 

authorizing payment 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 captioned matter reads in part a8 follows: 

"The Rio Grande Independent Rehabilltatlon 

Diatrlet (comprising Hldalgo 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 authorized under 

Section 7, supra. And pursuant to Section 9 an ad 

velorem tax has recently been levied by the District 

for the eupport of lte activitlee and program. In 

or about July, 1965 it employed a superintendent and 

designated the regular offices of the District to be 

at Hercedes. 

"The Board of Directors of the Rio Grande 

Independent Rehabilitation District has requested 

that I submit for an opinion from the Office of 

Attorney General the following questions. 

"1. Is the Rio Grande Independent Rehabilitation District an independent school district within 

the mearring and intendment of the Foundation School 

Program Act (Articles 2922-11, et seq. V.C.S.) 

authorizing payment of State aid benefits to ellgible school districts? 

-2632- 
. . 

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

"2. Is said Independent Rehabilitation Dlstrlct eligible for financial assistance under 

Title III of the Watlonal Defense Act of 1958 

(as amended in 1964 to cover additional subjects), 

as' conatitutlhg a part of the public elementary 

and/or seaondary school program of Texas? e D *" 

In passing on your question No. 1, WC have carefully 

reviewed all of the provisions under Article 2675k, Vernon's 

Civil Statutes of Texas, and find that the Legislature has not 

expressly provided that the provisions of the Foundatlon School 

Program Act (Articles 2922-11 et seq., Vernon's Civil Statutes 

of Texas) shall be applicable to Independent Rehabilitation 

Districts. 

We are also of the opinion that Article 2675k cannot 

be reasonably construed to mean that the Legislature Intended 

for the Foundation School Program Act to apply to Independent 

Rehabilitation Dlst,rlcts. Sections 6(d) and 6(e) of Article 

2675k, In our opinion, lend weight to this conclusion, We quote 

these two sections as follows: 

"(d) To provide for the continuation of an 

educational program for handicapped persons between 

the ages of six (6) and seventeen (17) Inclusive, 

the training facility operated by 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 determining allocation of each 

type of special education unit shall be the same 

as required by the Texas Education Agency of any 

school district. (Emphasis added.) 

v(e) All handicapped persons of scholastic 

age enrolled and in training in a District shall 

be credited to the regular school district from 

which they were referred to said District or in 

mhlch they resided at the time they entered for 

'training at said District, and such District shall 

be entitled to receive all State aid and benefits 

for each referred trainee that sald regular school 

districts from which said trainees were so referred 

to said District or in which they so resided at 

the time of their enrollment at the'Dlstrfct 

would have been entitled based on the attendance 

of said trainees within said scholastic ages." 

Thphasis added.) 

-2633- 
Hr. J. U. Edgar, page 3 (C-5'48 ) 

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 Legislature did not Intend that 

Independent Rehabilitation Districts receive State aid and benefits directly. Subdivision (d) saya that the Independent Rehabilitation Districts shall be assigned specla'l education 

teachers through the public school district in which a training 

facility of such Rehabilitation District Is located. Subdivialon 

(e) says in substance each handicapped person enrolled in tralning In a Rehabilitation District shall be credited to his regular 

school district, and that where such trainee is referred or 

assigned from a regular school district to a Rehabilitation Dlstrlct, such Rehabilitation District would receive through the regular school district such State aid and benefits that the regular 

school district would have been entitled to based on the attendance 

of said trainee had 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 Districts would 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 considering your question Ho. 2, we note that the 

Rational Defense Act of I958 authorizes financlal~asslstance to 

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 $70 miI.lion for the fiscal year ending June 30, 

1959, and for each of the five succeeding fiscal years, and $90 

million for the fiscal year ending June 30, 1965, and for each of 

the three succeeding fiscal years, for making payments to state 

education agencies under this Title for the acquisition of 

equipment and for minor remodeling of laboratory and other special 

equipment (other than supplies consumed In use), including audiovisual materials and equipment. printed and 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 authorizes an 

appropriation of $5 milllon~ for the fiscal year ending June 30, 

-2634- 
. . 

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

1959, and for each of the five succeeding flscal years3 

and $10 mllllon for the fiscal year ending June 30, 

1965, and for each of the three succeeding fiscal years, for payments to state education agencies for the expansion or Improvement 

of supervisory or 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 financial assistance under the National Defense Act of 

1958 is whether a school Is a part of the public elementary and/or 

secondary school program of a State. 

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

definition: 

"The term 'elementary school' means a school 

which provides elementary education, as determined 

under state law or, if such school is not In any 

State, as determlned by the Commissioner." 

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

"The term 'secondary school' means a school 

which provides secondary education, as determined 

under state law or, if such school is not in any 

State, as determined by the Commissioner, except 

that it does not include any education provided 

beyond grade 12 . . ." 

In determining whether Texas Public Junior Colleges were 

eligible for assistance under Title III of the National Defense 

Act of 1958, this office said in Opinion No. W-868: 

" . . . the Texas Public Junior Colleges are 

governed, administered and controlled by the Board 

of Education of the Independent School 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 Districts are 

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 

-2635- 
. . 

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

secondary public school program which Includes 

high schools and junior colleges. ,Although from 

a curriculum standpoint, the Texas Public Junior 

Colleges are considered higher education, since 

they offer work parallel to that of the first two 

years of the four year 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 Public Junior Colleges 

are an Integral part 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, Independent Rehabilitation Districts are controlled by 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 Independent Rehabilitation Distrlats Is to 

provide an educational and training program 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 Independent Rehabilitation Districts are an 

integral part of our public school program of Texas, and that 

schools provided by said districts would constitute a part of 

the public elementary and/or secondary school program 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 Independent Rehabilitation 

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. 

-2636- 
Mr. J. W. Edgar, page 6 (c-548 ) 

DA:ra:zt 

The Rio Grande Independent Rehabilitation 

District is an Integral part of our public school 

program of Texas, and schools provided by such 

district would ponatitute a part of the public 

elementary an&/or secondary school program of 

Texas, thus enabling such Districts to be ellglble for financial assistance under 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 

-2637-