## 3%~ ATTORNEY’ GENERAL OF TEXAS
AUS-lVN. %-ExAl3 78711
February 9, 1968

Commissioner J. K.Williams Coordinating Board Opinion No. M-199
Texas College &University System Re: SamHouston State Office Building Whether Public Junior Colleges inTexas are "institutions Austin, Texas 78701 which are local educational agencies" asprovided by the DearMr.Williams: State, and related questions.

Inyour request for anopinion from this office you state the following:

"In 1965 the Central Texas Union Junior College District was created by avote of the people. The College District iscomprised of the Independent School Districts of Killeen andCopperas Cove and the ConnnonSchool District ofNolanville. The taxbase was established on the recommendation of consultants who estimated opening enrollment would be approximately 155 students. "Evidently, the consultants did not consider the sheervastness of themilitary complex located atFort Hood, Killeen Base, and Robert Gray Army Airfield. There are approximately 40,000 permanent personnel, most ofwhom are eligible to attend Central Texas College under the Department of Defense Assistance Program or the G.I. Bill. The truth of thematter is that Central Texas College iscommitted to servewhat amounts to avast Federal District. "Theassessed valuation of Central Texas College District isapproximately $72,000,000.00, which would be adequate toprovide the civilian population of theDistrict, not including militarydependents. In reality, thesemilitary reservations are legally apart of the College District and were voted as suchwhen the Districtwas created.

‘-956-Hon. J. K.Williams, page 2 (M-199)

"Asa result, Central Texas College had to allocate several times asmuch money to construction and equipment aswas initially visualized, since students registered for classes at a rate of 1,300% in excess of the original estimate."The composition of the Fall Semester, 1967 Enrollment (Head-count) was as follows: "1,187 Active Military 315 Militarily-Connected Dependents 112~ Federal Employees and Dependents 470 All Other "Thebasis for junior college taxation is very similar to that of thepublic school system. The problems of finance are alsomuch the same. The tax rate for Fiscal Year, 1968 for operation andmaintenance is $.25 per $100 assessed valuation, themaximum rate authorized when the District was established. Due to theunique situation whereby Fort Hood was created, Central Texas College is legally prohibited from taxing any private business located on thesemilitary reservations. The only remaining alternative to proper financing of the College is to seekpossible federal financial assistance as an impacted junior college district under
. . .federal programs:

”

. . . "Thepurpose of this letter is to request your opinion in regard to the following four questions: "1.) are Public Junior Colleges inTexas 'institutions which are local educational agencies' asprovided by the state, "2.) are Public Junior Colleges in Texas institutions which provide 'public free' secondary education atpublic expense, pursuant to the laws of the State of Texas, "3.) isAttorney General's Opinion WW-868 altered by the passage of the Higher Education -957-Hon. J. K.Williams, page 3 (W-199)

Coordinating Act of 1965, (H.B.1,Acts of the 59th Legislature, Regular Session 1965), and "4.) 'infact, are Public Junior Colleges inTexas

under public supervision and direction?'

First Question Article 2815h,Vernon's Civil Statutes, authorizes the establishment of junior college districts with powers to assess and collect taxes for support andmaintenance. Section 5ofArticle 2815h provides:

"TheBoard of Trustees of Junior College Districts shall be governed in the establishment, management and control of the Junior College by the General Law governing the establishment management and control of Independent School Districts insofar as the General Law is applicable."
InShepherd v. San Jacinto Junior College District, 363 S.W.2d 742 (Tex.Sup. 1962), the Court held Article 2815h tobe a constitutional enactment. In this case, 744: the Court said atpage

The junior colleges, developed for themoit'p&t since 1929, are sandwiched in, so to speak, between the high schools on one hand and the colleges oruniversities on the other hand. In certain respects, the junior college iswhat its name implies, that is, a school which is above the high school level yet one whose highest grade isbelow the educational level required for adegree from auniversity. Yet, aspointed outby one of thebriefs on file here, itwould not be inappropriate to refer to the districts which support such schools as 'junior college districts,' 'advanced independent school districts' or 'graduate high school districts.' The point of this is that junior colleges and their districts may in some instances be regarded as colleges and in other instances as schools in thenature of advanced high schools. The Junior College Act itselfmakes numerous references to independent -958-Hon. J. K.Williams, page 4 (M-199)

school districts when delineating thepowers and operations of a junior college district.* Public junior college districts have some attributes of both high school districts and of colleges and in some areas are considered tobe local agencies asprovided by the State. Attorney General's Opinion WW-868 (1960).

In our opinion public junior colleges inTexas are "institutions which are local educational agencies" asprovided by the State of Texas. Second Question

We are unable to find any statutory authority defining "public free" secondary education atpublic expense, pursuant to the laws of the State of Texas. In Shepherd v. San Jacinto Junior College District, 363 S.W.Zd 742 (Tex.Sup. 1962),itwas held that junior colleges constitute apart of the public free schools of Texas.

It is our opinion that public junior colleges inTexas are institutions which provide "public free" secondary education atpublic expense, pursuant to the laws of the State of Texas. Third Question The Higher Education Coordinating Act of 1965, codified asArticle 2919e-2, Vernon's.Civil Statutes, in Sections 3 and 17 expressly provide that the State Coordinating Board, Texas College and University System, shall exercise general control of all public junior colleges, including functions set out~in said statute and in other laws of the State,of Texas. However, said Act further provides that functions vested in the governing boards of the respective public junior colleges, not specifically delegated to the State Board, shall be performed by such local boards. Section 5 of Article 2815h alsoprovides that the board of trustees of junior college districts shallbe governed in the establishment, management and control of the junior college by the general law governing ,theestablishment, management and control of independent school districts insofar as the general law is applicable. It is our opinion that Attorney General's Opinion WW-868 (1960) isnot altered by the terms of the Higher Education Coordinating Act of 1965. Fourth Question

The Higher Education Coordinating Act of 1965 (Article
-959-Hon. J. K.Williams, page 5 (M-199)

2919e-2) in Sections 3and 17,provide that the Higher Education Coordinating Board shall exercise general control of all public junior colleges and shall perform such functions asprovided by said Act andby other laws of the State of Texas.

In our opinion public junior colleges are under public supervision and direction. SUMMARY Public junior colleges inTexas are "institutions which are local educational agencies" asprovided by the State. Public junior colleges inTexas are institutions which provide "public free" secondary education atpublic expense, pursuant to the laws of the State of Texas. Attorney General's Opinion WW-868 (1960)is not altered by the passage of the Higher Education Coordinating Act of 1965. Public junior colleges inTexas are under public supervision and direction. /7svery truly,

cm= C.'MARTIN General of Texas Prepared by Jack Sparks Assistant Attorney General APPROVED: OPINION COMMITTEE Hawthorne Phillips, Chairman Kerns Taylor, Co-Chairman W.V. Geppert John Banks Fisher Tyler James Quick
A. J. CARUBBI, JR. Executive Assistant

-960-