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 ajunior college is governed by section 13.101 et seq. ofthe 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 Cofthe Education Code tojunior colleges. Subchapter Cdeals 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 onthe circumstances and context involved. See Shepherd v. San Jacinto Junior College District, 363 S.W.2d 742- (Tex. Sup. 1962); Mumme v. Marrs, 40S.W. 2d31(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 awhole, it is clear that subchapter Capplies only to those educational institutions within thejurisdiction ofthe Central Education Agency. Subchapter C provides for anappeal to the commissioner ofeducation from certain orders discharging teachers. A further appeal to the State Board of Education is also provided. Education Code 513.115. However, with the exception ofcertain aspects ofvocational and technical programs, neither the commissioner of education nor the State Board ofEducation exercises control over junior colleges, that control generally being vested in the Coordinating Board, local public junior college districts, and the governing

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board of each public junior college. Education Code $61.060. Inaddition, chapter 130ofthe Education Code specifically governs junior college districts and grants to the Coordinating Board “general control ofthe public junior colleges of Texas. ‘I Education Code b130.001.

The Legislature has provided for the exercise ofthis control by the Coordinating Board with respect to the faculty-institution relationship. Section 61.05 ofthe Education Code provides:
To achieve excellence in the teaching of students at institutions and agencies ofhigher 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 offaculty time between teaching, research, administrative duties, and special assignments; (D) faculty improvement programs, including a plan for sabbatical leaves,’ appropriate foi thejunior 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 ofhigher education. ” Expressly included within the definition ofthis 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. ” Inaddition to the entitled subject matter, the Paper provides for written terms ofemployment, due process proceedings in dismissal cases and cases where academic freedom infringement is alleged, and the recruitment and resignation offaculty members.

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

Since public junior colleges are under the control ofthe 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, ofthe Education Code was not intended to apply to public junior colleges. Consequently, “school district” as contained in section 13.101does not encompass junior college districts.
SUMMARY Chapter 13, subchapter C, ofthe Education Code is not applicable to teachers in public junior colleges. Very truly yours,

Attorney General ofTexas
APPROVED:

DAVID M. KENDALL, First Assistant

C. ROBERT HEATH, Chairman Opinion Committee 

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