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 of the 

Coordinating Board 

and the State Board of 

Vocational Education 

to revoke approval of 

out-of-district vocational course offerings 

of a public junior college. 

You have requested our opinion concerning the authority of the Coordinating Board and the State Board of Vocational Education to refuse to 

renew approval of out-of-district vocational courses or programs of a 

public junior college. 

Section 130.086(d) of the Education Code provides: 

Before any course may be offered by a junior college 

within the district of an operating public junior college 

it must 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 not locally available, 

then the junior 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 of the out-of-district programs offered by 

junior colleges. See also Education Code, sec. 61.051. In addition, the State 

Board of Vocational Education has responsibility for the approval of technicalvocational programs and courses. Education Code, sets. 31. 33, 31.39, 31. 71(d). 

Consequently, the two boards confer over the approval of out-of-district technical-vocational programs. “ReguI,ations for Out-of-District Course Offerings 

by Community Junior Colleges, ” Coordinating Board, April 21. 1972. 

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

Section 130.086 provides no indication concerning the authority of either 

of these boards to refuse to renew or to revoke approval of an out-of-district 

offering. In Attorney General Opinion H-299 (1974) we held the two boards to 

lack the power to revoke approval of out-of-district offerings by Texas State 

Technical Institute, noting the use of the term “prior and continuing approval” 

in another section. Education Code, sec. 135.03(b). It is now our understanding that in some instances the administrative practice has been to make 

such out-of-district approvals on a yearly basis, as in essence is required 

for the distribution of federal 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. In this distribution, the State Board for Vocational Education 

is required to consider various factors which may change from year to year. 

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 of the Education Code. 

The administrative construction of section 130.086(d) is to be upheld 

unless clearly erroneous. Koy v. Schneider, 221 S. W. 880 (Tex. Sup. 1920); 

Thompson v. Calvert, 301 S. W. 2d 496 (Tex. Civ. App. --Austin 1957, no writ). 

Since section 130.086(d) is ambiguous in its silence and since the board’s 

construction is reasonable, that construction is to be adopted. It is therefore 

our opinion that the Coordinating Board and the State Board for Vocational 

Education may give yearly approvals of out-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) of the Education Code, 

the Coordinating Board and the State Board for Vocational 

Education may give yearly approval to out-of-district 

offerings of junior colleges, and may later refuse to renew 

such approval. 

Very truly yours, 

Attorney General of Texas 

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

APPROVED: 

: 

DAVID M. KENDALL, First Assistant 

C. ROBERT HEATH. Chairman 

Opinion Committee 

p. 2586