The Attorney General of Texas 

November 27, 1979 

MARK WHITE 

Attorney General 

Honorable M. L. Brockette 

Commissioner of Education 

Texas Education Agency 

201 East Eleventh Street 

Austin, Texas 78701 

Opinion No. MW- 99 

Re: Legality of allowing 

professional organizations to 

utilize the “released time” of 

public school personnel. 

Dear Commissioner Brockette: 

In 1975 the Fort Worth Independent School District, which participates 

in the Foundation School Program, adopted a policy that allows certain 

professional organizations to use school personnel during working hours to 

pursue the business of the organization. You ask if such a policy is 

consistent with various constitutional and statutory provisions. 

The adopted policy statement reads: 

‘Nine days released time with full pay will be 

allotted to professional organizations for each 100 

members who are in good standing. Such allo:ments 

will be in blocks of 100. No allowance will be made 

for less than 100 in each block. The released time 

may be used at the discretion of the professional 

organization for pursuing the busineas of the 

organization by its officers or members. 

The released time will be based on members ig good 

standing for the school year immediately preceding 

the school year activating the released time. 

Professional organizations wiU include Fort Worth 

Classroom Teachers Association, American 

Federation of Teachers, and the Fort Worth 

Administrators Association. 

The roll of members must be filed with the bard of 

education for verification of numbers and employee 

status.’ 

p. 270 
Honorable M. L. Hrockette - I’ege Two (NW-89 j 

You inquire whether the prohibitions of article III, sections 51 and 52 and article XVI, 

section 6 of the Texas Constitution render this policy unconstitutional. Article Ill, section 

51 prohibits the grant of public moneys to any individual, association of individuals, or 

corporation. Section 52 of article IIl prohihits political subdivisions from granting public 

money or any thing of value to any individual, association, or corporation. Section 6 of 

article XVI prohibits appropriations for private or individual purposes unless authorized by 

the constitution. The Fort Worth Independent School District is covered by these 

provisions of the constitution. See Rarlingen Ind. School Dist. v. C. H. Page & Bro., 48 

S.W.2d 983 (Tex. Comm. App. 1932, jdgmt. adopted); Attorney General Opinions M-1074 

(19721, M-950 09711. 

These constitutional provisions prohibit the grant of pubhc funds or benefits to any 

association unless the transfer serves a public purpose and adequate contractual or other 

controls ensure its realization. Attorney General Opinion H-1309 (19781. The released 

time allotted to the professional associations constitutes a benefit financed from public 

funds. The policy permits teachers to pursue the business of the professional organization 

while being paid by the school district. In 1978-79, the Classroom Teachers Association 

used 301 days of released time at an estimated total cost of almost 523,000 in teacher 

salaries. In addition, the school district was required to pay substitute teachers. Thus, 

the poliey authorizes the transfer of a valuable benefit to the professional association. 

In our opinion, the school district has neither articulated a public purpose to be 

served by the released time program nor placed adequate controls on the use of released 

time to insure that a public purpose will be served. The time is to be used at the 

discretion of the professional organization for pursuing its business. In our opinion, this 

policy grants a substantial benefit to a private professional organization which has no 

obligation ‘to apply it to accomplish a public purpose. In Texes Pharmaceutical 

Association v. Doolee, 90 S.W.2d 328 (Tex. Civ. App. - Austin 1936, no writ), the court 

invalidated an act which unconditionally appropriated public funds to a private 

professional association, finding it in violation of article Ill, section 51. See also Attorney 

General Opinion M-661 (19701 (county may not grant money to charity;. We believe the 

unconditional nature of the grant of services to the professional organization renders the 

cited policy in violation of article Ill, sections 50 and 51 and article XVl, section 6. 

A!though the school district may constitutionally pay teachers’ expenses at school-related 

activities such as training or meetings for teachers, see Attorney General Opinions R-133 

(19731, and C-474 (19651, OF adopt certain types ofrelease time programs, it %S not 

specifically tailored the present expenditures to the accomplishment of school-related 

purposes. Therefore, we conclude that the policy is unconstitutional. In light of our 

decision in this issue, we need not address your other questions. 

SUMMARY 

A policy of the Fort Worth Independent School District, which 

p~ermits teachers to work for professional organizations while being 

paid salaries by the school district, constitutes an unconditional 

grant of public funds to a private organization and is therefore 

unconstitutional. 

P. 271 
Honorable M. L. Brockette - Page Three (NW-891 

MARK WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

TED L. HARTLEY 

Executive Assistant Attorney General 

Prepared by Susan Garrison 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

C. Robert Heath, Chairman 

Ernest Boardman 

David B. Brooks 

Bob Gammage 

Susan Garrison 

Rick Gilpin 

William G Reid 

Bruce Youngblood 

Lonny Zwiener 

p. 272