May 5, 1949. 

Hon.‘Q:~C.‘M~rls, chairman 

Joint LeglsSative Advisory Committee 

Austin, Texas 

Opinion Bo. V-825. 

_’ Re: The necessity for peach 

vocational teacher to 

meet the staiwlards of 

the State Board 6f Vocational Rducatson't6 

qualify for~dompensatlon under the salary 

aid law. 

,Dear Senator: 

i We quote from yo& recent letter as follows: 

."The JMnt Legislative Commltt;6e has, had 

uxider'f3onsideratlon Attorney General's Opinion X0. V-674, dealing ilth the status of Vocatlbnal Agricultkre, Vocationi3~~Home RcOnomlcs and Trades.'and.Indtistry teachers. We be-.' 

Zleve that we are.ln complete agreement with 

this oplnlon except one pointwhich needs 

clarlflc&tlon ln'our minds. In view of this 

fact, I am subml$Mng to you this additional 

question with reference to said opinion. In 

order for a Vocatloxial Home Economics teacher 

to qualify for compensation for a twelve 

monthq period, Is lt~necessarg'that each lndlvldual tea&e? meet the standards and 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 requirements thereof. 

4, 5, 6. 8 and 9. 

Art. 2889, V.C.S., paragraphs 

Under this law any person desiring to 
Eon. 0. C. MorrIS, Page 2 (v-825) 

teach any of the designated special subjects in the 

Texas public free school system must hoId a teaoher certificate Issued by the Department of Education before 

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 vocational education 

by compl.lance wlth standards and quallflcdtlons ln a 

state plan bearing the approval of the State Board fcir 

Vocational Education, a person desiring to teach vocational subjects in Texas public schools which receive 

beneilts under."the Smith-Hughes law must acquire an additional certificate, commonly known as the Smith Hughes 

certificate. Such.a certificate shows ,that he has met 

the qualifications and standards prescribed for's vocational teach& covered In the aforementioned plan. Sec. 

5, H. B. 239. 

Consonant with such laws, we find ln accredltatlon standards and regulations of the Department of 

Bducatlop, Bulletin 476, clt?d in V-674, and ln its latest Bulletin 491, the followlngr~ -~ 

"A certificate certificate of Approval Approval for Hom&ak- Hom&aklng Education Education issued by the Homemaking Homemaking Department, partment, State Bijard for Vocational Vocational Educatlon, Austin, Austin, Texas,~ls Texas,~ls required required if the 

schbol e%uects e%uects to receive receive 'pelmbura 'pelmbura from 

vocational fuud 8. " (U nderscorlng ours.) 

The @rovlslons ~l.xi Ii. B. 295, Acts 1947, dealing with the salary of vocatlonal,~home economics teachers do not conflict wlth 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 . . . Vocational Home 

EconomQis . . . teachers shall be One Hundred 

and Twenty-four Dollars ($124.00) p&r month, 

f& twelve (12) months In both accredited and 

unaccredited schools." (Emphasis 0~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 multlplled b$ ttitilv& ,(12) . . . 

Salaries of . . . vocational teachers'may 

be& 

. 

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

ThLs'Offlce In Its OplnlciiV&'4 advised that 

the vocational te&her provlsloixs in'& B. 295 are not 

llmlted tti'vocatlonal teachers,trhi'me realizing r&m-' 

bureements or 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 consldsred and the donplusIons rea&ed'ln V-674,-it'.ls~o~~.op~on that a vocational. ,hoiae economics teacher tebchbg IB a sChoo1~ 

receiving ald under the Smith-Hughes Act, to, qualify 

for compensation for a twelve month~ls period, must meet 

the st&ndarda~ and.requlremenU ~S&t.oUt by the State 

BosFd for VocstXonal EdtictitSoni,.'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 requlremexitset out bs the State Bd&rd.f~r.Vocatlon~L Bducatlon. 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 subsidised program are 

advised by.the Department of Education to 

employ only such vocational teachers as 

have been. certified by the State Board of. 

Vodatlonal Education as meeting the standards and quallflcatlons required of teachers functioning under the Federal subsldlzed vocational program; 
Hon. a. C. Morrls,~Page 4 (v-825) 

"Department cf Educational Bulletin No. 

476, 1946-47, pages 99 to 105 inclusive, 

wherein are published departmental rules and 

regulatlons.governlng acaredltatlon of the 

public free schools of Texas, reveals that 

vocational programs offered'ln said sahOols 

to be recognized for accreditation or afflliation purposes should be organized In acaordante wlth requirements of the State plans for 

vocational eduaatlon and merit the approval 

of the State Board for Vocational Education. 

%l!hese rules evidence a cooperation lntent on the part OS the Departplent of Education to require a vocational educational program 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 enactment of Senate Bill 19, 51st Leglslature, whlah contains an amendment to Section 2 of 

Article III of B. B. 295, 50th Legislature, changing 

the present law as to ba&e,pay for vocational teachers 

by adding the following words: "provided the proposed 

plan for such twelve (12),months' pro&ms have been 

approved lndlvldually +d ln advance by the State Board 

for Vocational Education," etc. In Opinion v-784, we 

advised that this change In teacher salary schedules 

cannot be given a retroactive effect 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-Lee 011 to., 122 Tex.-21,' 

. . 5b (1932); A. Q. Opinion V-674. 

- . 

A vocational home eaonon&as teacher 

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 standards and 

requirements set 'out by~the State Board for 
. ” 

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

Vocatlonai Bduaakon. 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 

.