May 5, 1949.

Hon.‘Q:~C.‘M~rls, chairman Joint LeglsSativeAdvisory Committee Austin, Texas Opinion Bo. V-825.

_’ Re: The necessity for peach

vocational teacher to meet the staiwlards of the State Board 6f VocationalRducatson't6 qualify for~dompensatlon under the salary aid law.

,DearSenator: i We quote from yo& recent letter as follows:

."The JMnt LegislativeCommltt;6e has, had uxider'f3onsideratlon Attorney General's Opinion X0. V-674, dealing ilth the status of VocatlbnalAgricultkre, Vocationi3~~Home

RcOnomlcs and Trades.'and.Indtistry teachers. We be-.' Zleve that we are.ln complete agreementwith this oplnlon except one pointwhich needs clarlflc&tlon

ln'our minds. In view of this fact, I am subml$Mng to you this additional questionwith reference to said opinion. In order for a Vocatloxial Home Economics teacher to qualify for compensationfor a twelve monthq period, Is lt~necessarg'that each lndlvldual tea&e? meet the standardsand requirements set out by the State Board of'Vocatlonal: Rducatlon?"
By statute, the Department of R&cation ls.emPowered to Issue "certlflcates~.authorlxlng the holders to teach the special subjects of agriculture,domesticart

. . . industrial training"where the teacheti has met the requirementsthereof. 4, 5, 6. 8 and 9. Art. 2889, V.C.S., paragraphs Under this law any person desiring toEon. 0. C. MorrIS, Page 2 (v-825)

teach any of the designated special subjectsin the Texas public free school system must hoId a teaoher certificate Issued by the Department of Educationbefore he may contract to teach hi.8 special subject.

Under H. B/239,. Acts 1923, quoted In Opinion V-674, wherein the State under the Federal Smith-Hughes Act authorized Its public schools to secure the benefits of Federal appropriations for vocationaleducation by compl.lance

wlth standardsand quallflcdtlons ln a state plan bearing the approval of the State Board fcir VocationalEducation,a person desiring to teach vocational subjects in Texas public schoolswhich receive beneilts under."the Smith-Hugheslaw must acquire an additional certificate, commonlyknown as the Smith Hughes certificate. Such.a certificateshows ,that he has met the qualifications and standardsprescribed for's vocational teach& covered In the aforementioned plan. Sec. 5, H. B. 239.

Consonantwith such laws, we find ln accredltatlon standards and regulationsof the Department of Bducatlop,Bulletin 476, clt?d in V-674, and ln its latest Bulletin 491, the followlngr~-~

"A certificateof Approval for Hom&ak- certificate Approval Hom&akEducation Homemaking lng Education issued by the HomemakingDepartment, State Bijard for VocationalEducapartment, Vocational tlon, Austin, Texas,~ls required if the Austin, Texas,~ls required schbol e%uects to receive 'pelmbura from e%uects receive 'pelmbura vocationalfuud

8. " (U nderscorlngours.)

The @rovlslons

~l.xi Ii. B. 295, Acts 1947, dealing with the salary of vocatlonal,~home economics teachers do not conflictwlth these laws governing their certlflcatlon. In the first paragraph of Se&Ion 2 of Article III, H. B..295, we read:

"The **base** pay for

. . . VocationalHome EconomQis

. . . teachers shall be One Hundred and Twenty-four

Dollars ($124.00)

p&r month, f& twelve (12) months In both accreditedand unaccreditedschools." (Emphasis0~s.)

,In the last paragraph of same Section 2, we find:Hon. 0. C. Morris, Page 3' (V-825)~ ,~.-:

.- "99~1

ainiisal.~ sax- of ~. .I:;

Vi$Oational

‘ Hom~~EcoimsUc8~teabhers’ '. '.m&~be the monthly balarf’ as~ dM$&&ed.by:sch&dule stated herein multlplledb$ ttitilv& ,(12)

. . . Salaries of

. . . vocationalteachers'may be&

. p July first rat&e~,tha&~p~mb~~

ThLs'Offlce In Its OplnlciiV&'4 advised that the vocationalte&her provlsloixs in'& B. 295 are not llmlted tti'vocatlonal teachers,trhi'me

realizing r&m-' bureementsor benefits under tha: Federal Smith-Hughes Act, but that same applies also,to yotiatlonal teachers who are **pard** .wholly fromState~an&local.fuuds.

'. '.~ 'Based.~ on the statutea consldsredand the donplusIons rea&ed'ln V-674,-it'.ls~o~~.op~onthat a vocational. ,hoiae economics teacher tebchbg IB a sChoo1~ receiving ald under the Smith-Hughes Act, to,

qualify for compensationfor a twelve month~ls period, must meet the st&ndarda~

and.requlremenU ~S&t.oUt by the State BosFd for VocstXonalEdtictitSoni,.'Sec,; 3 oft H. B.~542.; Actb 1947, 50th Legislature. __

However, as to a voc.atlonal home economics teacher teachln&ln a school'no%;axi appll@nt for aid under the Smith-Hughes Act'but.'whcis

actually engaged in~teaching

this work twelv~~mont,hs,.ths~laws do'notrequire that such teacher&ieet. the'standards,and

requlremexits

et out bs the State Bd&rd.f~r.Vocatlon~LBducatlon. Art. 2889, V.C.S.; Sec. 2 of Art..III,H. B.. 295, Acts 19473 Opinion V-674. Howeve@, In connection aith this matter,.

we quote'~

from. v-674 as follows: "purtliep,

we ares a@rised that those schools desiring to offer' vocation courses but not desiring to apply'for the benefits under the Federal subsidisedprogram are advised by.the Department of Education to employ only such vocationalteachers as have been.

certifiedby the State Board of. VodatlonalEducation as meeting the standards and quallflcatlons required of teachers functioningunder the Federal subsldlzed vocationalprogram;Hon. a. C. Morrls,~Page 4 (v-825)

"Department

cf Educational

Bulletin No. 476, 1946-47, pages 99 to 105 inclusive, wherein are publisheddepartmental rules and regulatlons.governlng acaredltatlon

of the public free schools of Texas, reveals that vocationalprograms offered'lnsaid sahOols to be recognized for accreditation or afflliation purposes should be organizedIn acaordante wlth requirementsof the State plans for vocational eduaatlonand merit the approval of the State Board for VocationalEducation.

%l!hese rules evidencea cooperationlntent on the part OS the Departplent of Education to require a vocationaleducationalprogram In Texas which meets the test of the State Plan~approved by the State Board and the Federal Government.'
Uhzit we have said applies only to contracts entered prior to enactmentof Senate Bill 19, 51st Leglslature,whlah contains an amendmentto Section 2 of Article III of B. B. 295, 50th Legislature,changing the present law as to ba&e,pay for vocationalteachers by adding the following words: "providedthe proposed plan for such twelve (12),months' pro&ms have been approved lndlvldually+d ln advanceby the State Board for VocationalEducation,"etc. In Opinion v-784, we advised that this change In teacher salary schedules cannot be given a retroactiveeffect In such a manner as to destroy any presently existing contractual rights of the teachers concerned, but It will of course apply to future contracts. Sec. 16 of Art. I. Tex. Cohst.; Federal Crude 011 Co. v. Yount-Lee011 to., 122 Tex.-21,'

. . 5b (1932);A. Q. OpinionV-674. - .

A vocationalhome eaonon&asteacher teaching In a school-not receiving aid under the Smith-Hughes

Act, who is actually engaged In teachlaig

this work~twelve

months, Is not required to meet the standardsand requirements set 'out by~the State Board for. ”

~0% Q- C. M~rrls, Page 5 (v-825)

VocatlonaiBduaakon. Arty. 2889 V.C.S * Sec. 2 Of Art. I of I$. B.-295, A&s 194:; / A. Q. Opinion v-674.

Yours very truly, ATTORHEYQEllgRALOFTEXBS

CEO:bh Chester E. Olllson Assistant

.