The Honorable Bevington Reed

Commissioner, Coordinating Board Texas College and University System P. 0. Box 12788. Capitol Station Austin, Texas 78711

Dear Commissioner Reed: Opinion No. H- 580
Re: Authority ofthe Coordinating Board and the State Board of Vocational Education to 

### revoke approval of out-of-district vocational course offerings ofapublic junior college.
You have requested our opinion concerning the authority ofthe Coordinating Board and the State Board ofVocational Education to refuse to renew approval ofout-of-district vocational courses or programs ofa public junior college.
Section 130.086(d) ofthe Education Code provides:

Before any course may be offered by ajunior college within the district ofan operating public junior college itmust be established that the public junior college is not capable of or is unable to offer the course. After the need is established and the course is notlocally available, then thejunior college may offer the course when approval is granted by the appropriate state educational agency. The appropriate state agency in this instance is actually two agencies. Pursuant to the Coordinating Board’s general control of public junior colleges as provided in section 130.001 of the Education Code, that body undertakes an annual examination ofthe out-of-district programs offered by **junior** colleges. See also Education Code, sec. 61.051. Inaddition, the State Board of Vocational Education has responsibility for the approval oftechnicalvocational programs and courses. Education Code, sets. 31.33, 31.39, 31.71(d). Consequently, the two boards confer over the approval ofout-of-district technical-vocational programs. “ReguI,ations for Out-of-District Course Offerings by Community Junior Colleges, ” Coordinating Board, April 21. 1972.

p. 2584The Honorable Bevington Reed, page 2 (H-580)

Section 130.086 provides noindication concerning the authority ofeither ofthese boards torefuse to renew or to revoke approval ofanout-of-district offering. InAttorney General Opinion H-299 (1974) we held the two boards to lack the power to revoke approval ofout-of-district offerings by Texas State Technical Institute, noting theuse ofthe term “prior and continuing approval” in another section. Education Code, sec. 135.03(b). Itis now our understanding that in some instances the administrative practice has been tomake such out-of-district approvals onayearly basis, as in essence is required for the distribution offederal funds. Sec. 3.21, Texas State Plan’for Vocational Education; see 20 U.S. C. 1243; 35 Fed. Reg. NO. 91, sec. 102.31(a), May 9, 1970. Inthis distribution, the State Board for Vocational Education is required to consider various factors which may change from year toyear. 20 U.S. C. 1135(a)(5); 20 II.S.C. 1263(a)(6)(C)(D); 35 Fed. Reg. No. 91, sets. 102. 34(d). 102. 59, May 9. 1970. The Board has included these considerations in its State Plan, section 3.26, and is empowered to do so by sections 31.33(3) and 31.39 ofthe Education Code.
The administrative construction of section 130.086(d) is to be upheld unless clearly erroneous. Koy v. Schneider, 221S.W. 880 (Tex. Sup. 1920); Thompson v. Calvert, 301S.W. 2d 496 (Tex. Civ. App. --Austin 1957, nowrit). Since section 130.086(d) is ambiguous in its silence and since the board’s construction is reasonable, that construction is tobe adopted. Itis therefore our opinion that the Coordinating Board and the State Board for Vocational Education may give **yearly approvals**  ofout-of-district offerings under section 130.086(d), and may refuse to renew such approval. Attorney General Opinion H-299 (1974) is overruled insofar as it conflicts with this opinion. SUMMARY
Pursuant to section 130.086(d) ofthe Education Code, the Coordinating Board and the State Board for Vocational Education may give yearly approval to out-of-district offerings ofjunior colleges, and may later refuse to renew such approval. Very truly yours,

Attorney General ofTexas

p. 2585The Honorable Bevington Reed, page 3 (H-580)

APPROVED:

: DAVID M. KENDALL, First Assistant

C. ROBERT HEATH. Chairman Opinion Committee

p. 2586