OFFICE OF TEE ATTOFiEEY GENEEAL OF TEXAS '~'
. AUSTIN

GROVER SW ATl!ORWEY GE=

Hr. T.M. Trlmble, First Assistant State Superintendent of' Pubic Instruction Austin, Texas Dear sir1 Opinion Ho. O-7258 Rer Whether teachersemployed in public sohools of Eastland County may accept part-time employmentas teachers In the Eastland County Vocational Schools for G.I.123. We acknowledgereceipt of your letter of recent date on behalf of Mr. Homer Smith, County School Superintendent of Eastland County~,

requestingan opinion from this departmentas to the above stated question,

From a letter written by'&. Smith, in reply to a request by us for further information,the followingfacts appear:

1. The Eastland CountyVooational School for G.I.'s was organtied to help meet the needs of' returning veterans in adjusting %enmtlves to eivilian'li~e by providingvooational training for %ueh veterans, The school was sponsoredby the Board of School Trustees of Eastland County, who arersaponaible to the State Board&r Vocational Training for the efficientmanagementand operationof the school. The said trusteeshave appointed a supervisoryboard, and have delegated to suah board authorityfor the hiring of teachersfirsuoh G.I. Vocational SoheM. 2. The Veterans Administration of the Federal Government pays t&Ion fees to the said G.I. vocatibnalschool for the veterans attending .?uch

school, said Sees being remittedmonthlyby a U.S. Treasury vocherpayable to the Eastland County,Vocatlonal School for G.I.ls for the purpo8e of paying teachers' salariesand other operatingexpenses of said school. Ho state or county funds whatsoeverare used tooperate the said sahool. 3. The Eastland Connty VocationalSchool for 0.1.'~ has no connectionwith the public school system of this State and, subject to the above stated facts, is a private school.

In regard to the question at Issue,we quote from Mr. Smith's letter as follows:

"There are full-time, capable teachers in the State Aid Schools of this, county who would be available to the vocational sahool on a part-time basis, as the classes In the vocational school are held at night, If they oan be 80 employed and the State Aid Sahools not be jeopardizedIn any manner.Wr. T.W. Trimble,page 2 -COPY- O-7258

(the 1 of “We would like to know'whetharor not we can give a full time teacher ln a State Aid schoolparttlme teachlng in th.e

0.1. school and not jeopa.rdlze or penalize in any manner the State Aid School."

An examinationof Ch. 

### 36i, Acts 1945, 49th Legislature Current School Aid Act) reveals that para.graph~ 4, Section 1, Art. said Act contains the followingprovision:

'NO school districtwill be eligible for any type of aid, except tuition aid under the provisions of this Act, which pays any salary above those specified in this Act from any State, local or Federal funds wh,etsoever except Federal f'unds used tCvsupp?.ement salaries of Vocationalagriculture, Home Economicsand Trade and Industriesteachersand funds from theBDera1 Lanhsm Act.'

The above-quoted

provision,however, does not apply to the situationpresented in this opinion, since the payment of Federal funds for the salariesof the teachers ln the G.I. vocationalschool is not made through any school district,but la made directly from the U.S. Treasury to the 0.1. vocationalekhool (such school,as hereinabove stated, having no connectlon,wlthfhe State pubilo school system). We find no other provisions In the School Aid,Aot which could be interpreted to deny equalization aid to State Aid Schools when the teachers of such schoolsacceptpart-time employmentIn such G.I. Vocational School.

..,. ..;,, ,,~: We have been unable to ,Slnd any~constitutlonai'~'~~r statutory objection to the acceptances of part-time teach+g ln a school such a,s the G.I. VocationalSchool by teacherswho are at the same time regularly employed ln the public SChoOIS of the State

Sections

### 33 'and

40 of ,&Article



### 16 of the State Constitution are not applicableto the present sltuatlon,for the aceountlng'offiaers of'thegtate are not called upon to pay any !G+XPant lsi ~the purvlew'of &&ion 

### 33 to the holders of either a pc&lon as public school teacher or as teacher ln the G.I. School, and,'as held in severalprior opinions of this Department (0-3‘71, O-5087),a,

public school teacher does not hold such an office of emolument In the purview of Section 40 as would prohibit his acceptinga position as teacher in the 0.1. Schoolf nor do we find any lnconslstency

or lncompatlblllty between the duties involved in the two positions,You are thereforeadvised that your question 1s answered In the affirmative, vlzr that teachers employed~lnthe public schools of Eastland County may at the same time accept part-time employmentas teachers In the Es&land County Vocational gchool for G.I.'s without penallzlng In any manner equalization aid to the countypublic schools. Trusting that we have satisfactorily answeredyour question,we remain_ ...

Mr. T.FI. 'Trlu~ble,page3 O-7258

Very truly yours, ATTORNEY ff-OF!CEXAS

BY3 s,fW.N.

Blanton, Jr. W.N. Blanton, Jr. Assistant WNE3:rt:wc

APPROVEDOCT 

### 18, 1946 e/ Harris Toler FIRSP ASSISTW A%=l’O= QlPNgllAL
Approved Oplrd.on

Committeeby s/U?IG Chairmen