R-94 

Oplp’ICE OF 

TRE ATTORNEYGENEAUS'~PIN, TEXAS 

UCE DANIEL 

rmlnlzv GENEW Feb. 25, 1947 

Hon. W. E. Lowry;, Executive Director 

State Bo.ard of Vocational Education, 

P. .G. Drawer BB, Uapitol Station 

Austin, Texas Opinion No. V-51 

Re: CountyBoard of School 

Trustees, authority of to 

sponsor and administer a 

vosational educational program in cooperation with 

the State Board for Vocational Education and the 

Veterans’ Administration. 

Dear Sir: 

: ? 

We refer to your letter of recent date wherein you request 

an opinion from this Department on the following subject and questfon, from.which’we quote: 

“The State Board for Vocational Education is now 

furnishing supervision on a State-wide level to some 

186 county units of Vocational Schools set up and operated by the County Sshool Boards in these counties. 

These schools are for the returning servicemen of 

World War II. They were established on the presumption that the County School Boards have authority to 

operate them in compliance~ with the powers given 

these County School Boards in the Public School Laws 

of Texas,, Article 2683. Each of these county units 

operates multiple units within the county and, in al! 

cases, such operation has the assistance and cooperation of the ,other school districts within then county, 

“The State Board for Vocational Education entered 

into this program as a result of the State-wide need 

for such a service, and as a result of an opinion of the 

Attorney General’s office written on ,the 13th of May, 

1946, and carrying the serial number O-6867. The program has prospered and grown in size and in quality, 

and the enrollment at present. represents some 10,000 

veterans. 

Y 
Opinion N&y+1 
Hon. W. E. ,Lowry, Page 3 Opinion No. V-51 

Article 2683 provides in part as follows: 

“The county school trustees of each county shall. 

constitute a body corporate, by the name of the County 

School’Trustees of. County, State of Texas, 

and-in that name may acquire and hold real and per- 

,nonal property, sue. and .be .sued, and may receive.bequests.and donations%r’othhi*monies or funds coming. 

legally ~‘mto their hhads, a&may perform other acts, 

for the promotion of education in the county. The title i 

to . . . any school property ,that may be acquired, shall 

vest fin tlie~‘kountykchool’trustees and their succetisors 

in officefor,public f&e shhool;purposes.* I !<li.. I ., 

._ ,.. I 

‘,,,‘Fhe ‘status of the co&&y school trustees is new to.Texas 

jurisprudenke. ~It’apparently~niore~nearly approximates that of 

county &niirissioners’tban any’other Texas office., ,S.uch a Board 

is a’-h&@drik :bbbdy? ‘~~rt;,268~~~~.A;CCS.; ,Board of School,TrustL 

.~ ,:eesof ‘Lublx%Xvs.~Wz$odrow I.S.Dii- 90 S: W.;~.(2d)333; countjr: Y’ . . 

c ‘SkhdolT~rustees -of ‘the’ CommonSchool District, ,192 5. :W; .(2d~.891. 

‘Article’2681 vests~%vi~them ~certahn.dutfese:th&etofortipe~fo,rqiid 

by the Commissionersl: Court. Chapter 11 of Ti~e~.49,;:R;S.,~,l92~;:and 

amendments (V.A.C.S.;Art. 2676, et eeq.) vests this B0ar.d with 

practically ,unbridled autho’i?itjr;.~~~$;~‘~~:.public free’schdols .of the. . 

c~ounty. Some oft its duties are quasi-judicial ,m character. Davis 

., vs. Bemphill;:243’S; W$$91. See~also:,’ Doni;iel I;S,DI;Ls.‘Freestone 

.Consolidated:‘itc’~,‘;l27~S.‘W.’:(2d)~ 205:‘~ibbon’vs. Couch,~,l53 .S. W. 

(2d),, 2.+jj:~*:‘: -*-f;. ;,-,, ::.z < T~..~! ::~‘ . 

. : .’ 

_. , .~ ill zp: i ? r~,;,.,:.. 

.,.. 

Ar.$icle,i26@ pSp’*des that besiddes the subj*.ets,:prescribed 

by ~l<w’to be-taught in.tf;e public sc,h&ls- of ‘Texas, .sukh additional 

subjects as agriculturd;.~anual~traixiing~;-domestic economy~br 

others vocational .branche’s’ shall be included in the course qf study 

in 611 hlgh&iools~ p%&id:ed for herein which are located outside of 

incorppra~~d~to)wns.o’r~,Siti~s, and ‘that special attention shall be 

given-to. the~~teaching.~&such subjects. Thus is indicated’the expressed. desire land intent of the Legislature of this State that vocational~*ducation be.provfded and be given special attention by the 

~*edu&tidnal adininiitrat&e.~agencies created by the Legislature. 

. . - 

Under the various ‘provisions of the. statutes above en&nerated the County Boardsof School Trustees are under ‘the-duty’%f 

maintaining, and establishing for their county the mos,t efficient 

school .system for the general diffusion of knowledge in the cowty. 

This is the mandate of the Constitution of the State of Texas. In 

order to effectuate this~ higtipurpbse, said Board has the discretion 

to exercise wy pow+‘+., relating to the school system of such county. 

not prohibited.by’law, ‘whi+~it~.believes will accomplish this result. 

Article 2683 chargekthe countyschool trustees with the management~of the ,affairs .of their districts and the protection of their best 

interest. Henderson vs. Miller, 286 S. W. (2d) 501; County Board vs. 
Hon:W. E. Lowry, Page 4 Opinion No. V-51 / 

Bullock Common School District: ~37 S. W. (2d) 829;‘Cowan vs. Clay 

County Board of Education, .4l.S. W,: (2d) 515. 

:’ 

The express pow.er ‘given to the County Board’ of Trustees 

by the Constitution and laws.of..this .State$o do the things ,specified 

therein, necessarily inciudes,the right and power to dot,the incidental things reasonably proper audnecess,ary.to accomplish.the ’ 

end and purpose sought .thertin. City of DaJlas: vp. Mosely, 286 S.W. 

497, affirmed,in 17 .S...W1 (Zd) ,36.,1 ail ,.:. zI .: ,.,,, 

‘2 (1 ., i( 1; . ~. ,. 

It is the, opinion:of thfs.&ffict .&at the’ &&Board of 

School Trustees has,the diecretion.and requisite.autho,rity to spon- 

‘sor and administer the schools designed and contemplated for the 

vocational tducation:of World W.ar.;Vettrans under ,the ,g+anct and 

directionof the StateBoard .of -Vocational Education acting in assistince~d cboperation:with!thelVttersns’:,Admiaist,~ation, which fit 

nanoes~thiseommendablt +ducational.,plan.~ ;We.be,l.ieve that the ;ci 

sponsoring’and:‘admmistration of :$his vocational educational pro-: i. 

grani?ti within .tht leg~;discr.etionary~,powsrs :of :said,Clounty Boa+ 

tif:S+oblTrusttes~;~ when.itt,is installed or ,orga&ed, for this, lawful 

j ,dnd .xi+arthy purpose; ‘: :, .: ;: ,.,.:,~ 

_, ~, /~ .v_ i 

is of School Trustees.‘.have theltnal 

:,’ .discretionary. aui&o.rity;to; ‘sponsor and,admidi&tr ;schgols 

OrganiZtd by the State Board for Vocational’Education in i 

cooperation with the Veterans’ Administration for the pur- 

::, poseof providing~-~ocational.e.ducstional tr,aiping.for World 

% WarI veterans.li Arts, ,i$@$, 23.81 .and 2683 Y,A&S.; Art. ,.< ,.. *. ,, :,, 

-VII~Sec.,l. Conrjitution!ptTexas.r,- _, _~,. ,~,. ,’ : 

.,.,>C~J~ ; , .,‘~~ :j,a, I.i~ 

‘.. :. d,,,, I .;# jJ,., ,:_y..:.- +;.~ I ., WY trulr ycys * ‘: !