April 25, 1962

Mr. W. W. JacksonCh&rmanState Board of Education Austin, Texas OnlnionNo. WW-1321

Re: Whether the State Board of Education has the authority to establish and pay salary supplementations from certain special funds to personnel In positions not classified under the provisions of H. B. 189,Acts of the 57th Legislature. Dear Mr. Jackson:

You have requested an opinion from this office upon the question of:

11

. a
.does the State Board of Education have the authority to establishand pay a supplementation to the salaries of the Commissloner of Education,Deputy Commissioner of Education and certain of the Assistant Commissionersof Education from Federal Funds received by the State Eoard of Education under theVocational EducationAct of 1946, Publicflaw586, 79th Congress, and the NationalDefense Education Act, Public Law 85- 864, Titles III, V, and X when the contract under which each of these funds are paid to the State Board of Education specificallyprovide for the supplementationof salaries?"

House Bill 468, Acts of the 57th Legislature,Regular Session, 1961, Chapter 468, page 1052, codified as Article 2654- 3b, Vernon's Civil Statutes,provides in Section 5 thereof that:

"The State Board of Education shall be responsible for maintaining State programs and activities designed to bring about Improvement in the public schools. In discharging this responsibility, the Board Is authorized to enter into contracts for arants from both aublic and urlvate organizations and to expend such funds for-the and in accordancewith the terms with the contractingagency." (tiSenateBill 1, Acts of tne 5'7th J,egislatlAre,

First Callei;

Session, 1961, the GeneralAppropriationsBil.1, provides in Article IV In the departmentalappropriation to the Central ‘:i!ucation

Agellcythat:

“The proper officer or o!Yi’icers of the Central Li;I.icatior1

Agency are hereby authorized, to make application for and accept any other gifts, grants or allotments from the United States Goveri.ment or other sources to be used on coogerat%veand other projects and programs 1n Texas. Ar;ysuch Federal and other funds as may 'bedepositel, In the State Treasury are hereby appropriated to the specif’ic
nuruoses authorized bs the Federal Governmentand bther contracting organizations, grrtlie Ztate Board of klucation is authorized to exznd the,;e f'ur!ds in accordancewith the terms of the cont:zct with the contractingagent.‘” (Emphas!.s am

Your letter states that contractswith the Federal Government which govern the expenditure of Federal funds in r:L:ch areas as VocationalEducation, Guidanceand Testing, Improving Instruction in Mathematics, Science and Modern Ianguages and for the Improvement of Statistical Services contain specific provisions for the payment of supplementationsto salaries in i;uch amounts as are authorizedby the State Board o~i' Education. Illustrative of this point is the provision in the contract between the TJnited States Government and the Texas Central Kducation Agency pertaining to the State Plan for the Strengthening oi Instruction In Science,Mathematics and Foreign ,!anguages nnrsuant to the NationalDefense EducationAct, Pubi~ic J,aw,?5- 204, Sections 301-304, Title III, 85th Congress,wh’!,o!? proYtl!es that:

"2.9 Identifyingand ProratingExpenses

Salary payments and the supplementationci' salarieswill be in such amounts a,sare de+;eK-?ned by the State Board of Education.

. . .II (E~phasi:; added]

In view.of the provisions of Section 5 of' Article 26sh-3b and Senate Bill 1,we are of the opinion that the Legislature intended for the funds receivedby the Central Xucaticn

.o Agency, Lrom such sou'rces as public or ;Jr,tvate orgarr?zation::, to be expended in the manner and for the reasons set i'o,rtlq ifi the contracts entered into between the Central. Educa~t<.on

!&;ehcy and t,he

public or private OrganiZatiOngranting slJ?h f”~n!i.i:. :/her. such contractshave provisions allowing the :unds to be uc~I

.

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Mr. W. W. Jackson,page 3 (WW-1321)

for the supplementationof salaries, such as In the previous illustration,we are of the opinion that the State Board of Education is authorized to use the granted funds for the supplementationof salaries.

Supplementationof salaries under similar condltlons has been O-3879 u held by this office In Attorney General OpinionNo,

(19 El), pertaining to the Department of PublicWelfare, and Attorney General Opinion No. O-6735 (1945!,pertaining to the State Commisslon for the,Blind.

SUMMARY

Pursuant to Article 2654-3b and Senate Bill 1, supplementationof salaries from funds granted to the Central EducationAgency from public and private organizations is autkorlzedwhen the contractsbetween the Central Education Agency and the public or private organizationsgranting such funds provide that such funds may be used for supplementationof salaries.

Yours very truly,

WILL WILSON ,Attorney-General of Texas

PB:wb:mkh

APPROVED: OPINION COMMITTEE

J. C. Davis, Chairman Jay Howell W. 0. Shultz Charles Lit-id John Hofmann By: Pat Bailey Assistant

REVIEWED FOR THE ATTORNEY GENERAL BY: Houghton Brownlee, Jr.