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 teachers employed in public 

sohools of Eastland County may accept 

part-time employment as teachers In the 

Eastland County Vocational Schools for 

G.I.123. 

We acknowledge receipt of your letter of recent date on 

behalf of Mr. Homer Smith, County School Superintendent of Eastland 

County~, requesting an opinion from this department as to the above 

stated question, 

From a letter written by'&. Smith, in reply to a request 

by us for further information, the following facts appear: 

1. The Eastland County Vooational School for G.I.'s was 

organtied to help meet the needs of' returning veterans in adjusting 

%enmtlves to eivilian'li~e by providing vooational training for %ueh 

veterans, The school was sponsored by the Board of School Trustees of 

Eastland County, who arersaponaible to the State Board&r Vocational 

Training for the efficient management and operation of the school. The 

said trustees have appointed a supervisory board, and have delegated to 

suah board authority for the hiring of teachersfir suoh G.I. Vocational 

SoheM. 

2. The Veterans Administration of the Federal Government pays t&Ion fees to the said G.I. vocatibnal school for the veterans 

attending .?uch school, said Sees being remitted monthlyby a U.S. Treasury 

vocher payable to the Eastland County,Vocatlonal School for G.I.ls for 

the purpo8e of paying teachers' salaries and other operating expenses of 

said school. Ho state or county funds whatsoever are used tooperate the 

said sahool. 

3. The Eastland Connty Vocational School for 0.1.'~ 

has no connection with 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 jeopardized In any manner. 
Wr. T.W. Trimble, page 2 -COPY- O-7258 

(the 

1 of 

“We would like to know'whethar or not we can 

give a full time teacher ln a State Aid school parttlme 

teachlng in th.e 0.1. school and not jeopa.rdlze or penalize 

in any manner the State Aid School." 

An examination of Ch. 36i, Acts 1945, 49th Legislature 

Current School Aid Act) reveals that para.graph~ 4, Section 1, Art. 

said Act contains the following provision: 

'NO school district will 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 tCv supp?.ement salaries of 

Vocational agriculture, Home Economics and Trade and 

Industries teachers and funds from theBDera1 Lanhsm Act.' 

The above-quoted provision, however, does not apply to the 

situation presented in this opinion, since the payment of Federal funds 

for the salaries of the teachers ln the G.I. vocational school is not 

made through any school district, but la made directly from the U.S. 

Treasury to the 0.1. vocational ekhool (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 

schools accept part-time employment In 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. Vocational School by teachers who 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 applicable to 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 several prior 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 accepting a 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 therefore advised that your question 1s answered 

In the affirmative, vlzr that teachers employed~ln the public schools 

of Eastland County may at the same time accept part-time employment as 

teachers In the Es&land County Vocational gchool for G.I.'s without 

penallzlng In any manner equalization aid to the county public schools. 

Trusting that we have satisfactorily answered your 

question, we remain 
_ . . . 

Mr. T.FI. 'Trlu~ble,page 3 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 Committee by s/U?IG Chairmen