September 18, 19.52

Hon. J.W. Edgar Commissioner of Education Texas Education Agency Austin, Texas OpinionNo. V-1523

Re:

Dear Sir: Authority of State Board of Education to determine salary of area supervisors for vocational education and counselors for vocational rehabilitationunder minimum salary schedule set out in Article 2922-14,V. C.S.,which exceeds maximum salary llnrltatlons provided in the general appropriation act.

We refer to your request for an opinion of this office regarding the application of the salary schedule shown in Article III.ofHouse Bill 426, Acts 52nd Leg.,R.S. 1951, ch. 499, pm 1316, the biennial appropriationto the,Texas Central Education Agency. Your inquiryreads In substanceas follows:

Group X of the salary scheduleprovides:

'GroupX: None to exceed $5,280 per year. "Descriptionand duties:Under general supervisionof a SectionChief or State Supervisor develops and supervises special programs in specific areas of the State, or supervises special programs on a state-wide basis, or directs the activities of a group of personnel in a specialized'area,~ or counsela in a specialized field."

The positions In the Agency of area supervisor forVocational Education and counselor forVocationalRehabilitationHon. J. W. Edgar, page 2 (V-1523)

are classifiedwithin this group by the Agency. As a prerequisiteto their employment by the Agency, personnel In these positions are required to have a legal teaching certificate and to meet special certificate requirements of a vocational teacher or counselor in the public schools. Area supervisors ofVocational Educatfon actually perform direct supervisionof classroom instruction in local public schools in assigned
areas. Counselors in theVocational RehabilitationDivision of the Agency counselwith adultswho are participating in the ,Rehabilltation Program.

Article IV of SenateBill 116, Acts 51st Leg., R.S. 1949, ch. 334, p; 625 (Art.2922- 14,V.C.S.) sets forth a minimum salary schedule, All public free school districts in this State are required thereunder to pay each teacher not less than then minimum salary specified therein, Thus, a vocational teacher, with a Master'sDegree and 26 'yearsof teaching experience,employed on a 12 months' basis receives a minimum salary of $5,376, S,ubdiv. le, Sec. 1, Art. 2922-14, supra.

Several of the area supervisorsand counselorspresently employedby the Agency hold Masters5 Degrees and have 26 years of teaching experience. They are employed on a 12 months' basis. But under Group X of the appropriationbill quoted, they receive an annual salary of $5,280.
Question: Has the State Board of Education authority to pay area supervisorsand counselors employedby the agency salaries which conform to the minimum salary schedule for teachers set out inArticle 2922-14,V. C.S., when the minimum salary so determined would exceed the salary fixed in GroupX of House Bill 426, supra, the appropriationto the Texas Central Education Agency?
Section 1 of Article 2922-14,Vernon's Civil Statutes,provides a minimum salary schedulewhich is expressly applicable to teachers employedby the boards of trustees of the schooldistricts of thfs State,Hon. J. W.

Att'y Gen. Increments

.. Edgar, page 3 (V-1523)

op. v-921 (1949). It provides for salary based on length of college training and teacning experience.~

The "groups'or personnel classSficatlon,provisions in thecurrent appropriationto the Central Education Agency (Art. III of H. B. 426, supra) provide the maximum salaries thatmay be paid personnel classified and employedby the, Agency. Att'y Gen. Op.V-1324 (19.51). It makes no provision for increments for length of college training or teaching experience. Discretion rests in the Agency to authorize any salary for any of Its employeeswhich does not exceed the maximum amount fixed In the "group" inwhich the employee Is classified.

While the minimum salaries of teachers employed by school districts are governedby general law, there Is no general law fixing the maximum or minimum s,alarles of employees of the Texas Central EducationAgency. Thus, provisions in the current appropriationbill governing the maximum salaries for classifiedpositions that may be expended out of the appropriationmade to the Agency in Section 2 of House Bill 426, supra, are not in conflict with general laws.

Accordingly, it is the opinion of this office that the State Board of Education iswithout authority to pay area supervisorsand counselors employed and classified by the Texas Central Education Agency under Group X of,Article III of House Bill 426, Acts 52nd Leg.,R.S. 1951, ch. 499, p9 1316, a salarywhich~exceeds'themaxlmum amount fixed in that personnel classification.

SUMMARY

The maximum salary that may be paid area supervisorsand counselors employedand classified by the Texas CentralEducationAgency under GroupX of Article III of House Bill 426, Acts 52nd Leg., is fixed in "Group,X" 1951, ch. 499, P. 1316, of that ,appropriation bill, and no amount greater than that speclfied thereinmay be paid.Hon. J. W. Edgar, page 4 (V-1523)

Yours very truly,

APPRCVED:

J. C., Davis, Jr. county Affairs DlvlSiOn PRICE DANIEL Attorney General

E. J&zobson Revievling

Assistant

Charles D. Mathews First Assistant Assistant

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