February 27. 1975 

The Honorable Bevington Reed 

Commissioner, Coordinating Board 

Texas College and University System 

P. 0. Box 12788, Capitol Station 

Austin, Texas 78711 

Opinion No. H- 541 

Re: Whether a junior college 

is governed by section 13.101 

et seq. of the Education Code, 

relating to probationary and 

continuing contracts of employment. 

Dear Commissioner Reed: 

You have requested our opinion concerning the applicability of 

chapter 13, subchapter C of the Education Code to junior colleges. 

Subchapter C deals with public school teachers’ employment contracts 

and is appIicable to “[e]ach teacher hereafter employed by any school 

district in this state. . . . ” Education Code $13.101. Whether a 

junior college district is within the definition of “school district” 

apparently depends on the circumstances and context involved. See 

Shepherd v. San Jacinto Junior College District, 363 S. W. 2d 742- 

(Tex. Sup. 1962); Mumme v. Marrs, 40 S. W. 2d 31 (Tex. Sup. 1931); 

Williams v. White, 223 S. W. 2d 278 (Tex. Civ. App. --San Antonio 

1949, writ ref.). 

In our opinion, when the Education Code is viewed as a whole, 

it is clear that subchapter C applies only to those educational institutions 

within the jurisdiction of the Central Education Agency. Subchapter C 

provides for an appeal to the commissioner of education from certain 

orders discharging teachers. A further appeal to the State Board of 

Education is also provided. Education Code 5 13.115. However, with the 

exception of certain aspects of vocational and technical programs, neither 

the commissioner of education nor the State Board of Education exercises 

control over junior colleges, that control generally being vested in the 

Coordinating Board, local public junior college districts, and the governing 

p. 2433 
The Honorable Bevington Reed page 2 (H-541) 

board of each public junior college. Education Code $61.060. In addition, 

chapter 130 of the Education Code specifically governs junior college districts and grants to the Coordinating Board “general control of the public 

junior colleges of Texas. ‘I Education Code b 130.001. 

The Legislature has provided for the exercise of this control by 

the Coordinating Board with respect to the faculty-institution relationship. 

Section 61.05 of the Education Code provides: 

To achieve excellence in the teaching of 

students at institutions and agencies of higher 

education, the board shall: 

(1) develop and recommend: 

(A) minimum faculty compensation plans, basic 

increment programs, and incentive salary increases; 

(B) minimum standards for faculty appointment, 

advancement, promotion, and retirement: 

(C) general policies for faculty teaching loads, 

and division of faculty time between teaching, research, 

administrative duties, and special assignments; 

(D) faculty improvement programs, including a 

plan for sabbatical leaves,’ appropriate foi the junior 

and senior colleges and universities, respectively: and 

(E) minimum standards for academic freedom, 

academic responsibility, and tenure; 

This section is applicable to “institutions and agencies of higher education. ” 

Expressly included within the definition of this term is “any public junior 

college. ” Education Code, $61.003 (7). Pursuant to section 61.057, the 

Coordinating Board has promulgated Policy Paper 1, “Academic Freedom, 

Tenure, and Responsibility for Faculty Members in Texas Public Colleges 

and Universities. ” In addition to the entitled subject matter, the Paper 

provides for written terms of employment, due process proceedings in 

dismissal cases and cases where academic freedom infringement is alleged, 

and the recruitment and resignation of faculty members. 

p. 2434 
The Honorable Bevington Reed page 3 (H-541) 

Since public junior colleges are under the control of the Coordinating 

Board, such control encompassing faculty-institution relationships, and 

since the Central Education Agency exercises no such control, it is clear 

that chapter 13, subchapter C, of the Education Code was not intended to 

apply to public junior colleges. Consequently, “school district” as contained 

in section 13.101 does not encompass junior college districts. 

SUMMARY 

Chapter 13, subchapter C, of the Education 

Code is not applicable to teachers in public junior 

colleges. 

Very truly yours, 

Attorney General of Texas 

APPROVED: 

DAVID M. KENDALL, First Assistant 

C. ROBERT HEATH, Chairman 

Opinion Committee 

lg 

p. 2435