OFFICE OF THE AmORNEY GENERAL OF TEXAS 

AUSTIN 

--=-- 

goaorable Li A. Woods 

State Superlntehdent of Public Instruotions 

. -AU&ill, Texas 

. . 

nine months 

ax monies for 

sses ror adults 

Suoh funda in 

State nnd Feded for Vocational Ed1 of the Constitution of Texas 

era1 +iffusion ot knowledge being 

o the preservation OS the liberties 

8 of the people, it shall be the 

he Legislature of the State to eetvbmake suitable p~ovislon for the support and maintenance ot an effioient system. 

of publio free 8oho018.w 

In eocordonoe with the constitutional mandate that a 

Wtem or publlo irea sohools be establishsd, the Legislature 

has authorized the creation or independent school districts.. 

&he local taxea, or rmintenanoe taxes, voted by sald dlstriots 
30 

Troaorable I.. A. Foods, Page 8 

are authorized by Artiale 2790 of the Revised Ci*Il Statutes 

of 1.925, whloh reads, in part, as tollows: 

“If an Independent school distriot 

votes a maintenance tax, the boa&of 

trustee8 shall thereafter annually levy 

and cause to be assessed and collected 

upon the taxable property in the limits 

of the district for ths naintcnence of 

the pub110 free schools of the said dfstriot such ac valoreu tax a3 the qualifi- 

-voters of such district authorized at 

the eleotion held ror that purpose; * * *I1 

.. -ti the o&e oi Adam v. ‘Wles, et al, 35 S. ?i. (26) 

123 (Corn. App. Tex.) stated: 

*h school district is a quasi corporation of a public nature, and the trustees of said district cannot &awfully 

expend swney belonging thereto exoept for 

: the purposes ,authoriaqd by statute.” 

The authorized expenditure of public school funds is 

provided for in Article 2S27 of the Revised Civil Statutes of 

Texas, whioh reads as foll.ows: . 

‘The pubiio tree sohool funds shall 

no; be expended except for the following 

purposes: 

‘1. The .State and county available 

tunds shall be used exolusively for the 

payment of teachers’ and superintendents* 

salaries, fees. for taking the scholaetio 

census, and int%%st on money borrowed on 

short ttne to pay salaries of teachers and 

superintandents, when them salaries become sue before the school f ucds f’or the 

curreat year beooze available; providsd 

that no loans for the purpose of payimnt 

of teachera shall be paid out of fund8 

other thau those for the then current 

year. 

“2. Local mhool Suudo from dis-, 

trict taxes, tuition faea 4r pupils not 

entitled to free tuition and other local 
. . -. . 

. 310 

gonorable L; A. Woods, Page 3 

sources may be used SOT the pnrposes 

enumerated for State and county funds 

and for purchasing aDpllance3 and au?- 

plies, for the paymnt of insuranoe 

premiums, janitor6 and other enployes 

for buying sohool sites, buying, buil&- 

hg and,repairing and renting school 

houses, and for other purposes necessary 

In the oonduot of the pub110 schools to 

be determined by the Doard of !l?TUSteeS, 

the accounts and vouchers for county 

districts to be aDproved by the county 

superintendent; provided, thnt when the 

Dtate available sohobl fund in any oity 

or district is sufficient to maintain 

the schools thereof in any year for at 

least eight months, and leave a su~plu3, 

such surplus may be expended SOT the 

purposes mentioned herein." 

The question in this case resolve3 itself to the proposition of whether or not the conducting of~classes Scr adul.te 

is a part of a public free school systen. The scholastic age 

of students'who are to receive.the benefits of our public free 

eehool syeten is set out by Artiole 2902-0s the Devised Civil 

.jtatutes of 1925, whioh reads as follows: 

*All childTen, without regard to 

color, OVeT'six years of age apd under 

eighteen' years of age at the beginuing 

OS any.scholastio year, shall be ineluded 

In the scholastic census,%nd shall be 

entitled to the benelit of the public 

school fund SOT the year. The board of 

'trustees of any cltj‘or town oT independent or oomnon sohool district shall 

admit to the benefits of the public 

schools any person over six and not over 

~twenty-one years old at the beginning 

OS the schoiaetio year, if such person 

or hi3 parents or legal guardian reside 

within said city, town or district.W 

It is the opinion of this Dep%rtsent that the holding 

l: elassee'for adults is not suoh % function of the public free 

tQhoo1 system of this State as to authorize expenditure of local 

~~utenance publicylhool funds SOT said purpose. A3 stated by 
honorable L. A. 30iai3, Pi66 4 

the Supreme Court. of Alabama in then--case of State Tax Cotis8i0n II. county Board of Eduoatioa or Jerrerson couatg, 179 

southern 197, 

*Operation ‘oi adult schools is who& 

ISt+tUtOry CUId Mt Within the systen Of public.eohools aerinea in section 260 0r ths : 

Constltutlon.” 

2 way of analo$y, our Constitution and Statutes, in. setting up 

t ii epublic free school system and allowing the collection of 

alocal maintenance tex for said public free schools,oontanplate that the bencflts of said publio free school system 

should inure to students 02 public school age as defined by 

the Legis!ature In Article 2902, supra. 

In this conneatlon your attention is called to Artiole 2904 of the F&vised Civil Statutes, whioh reads as Sollam: 

‘“The trusteh of schools shall have 

the power to admit pupils over and under 

scholastic age, either In or out of the 

district, on such term as they may deem 

.proper and just; provided, -that in admit- 

.tlng.pupils over and under the scholastlo 

age, the schoo3. shall not be overcrowdea 

to the neglect and injury of pupils vithin the scholastic age. They mey suspend 

fxom the privileges of schools any pupil 

found guilty of incorrigible con&dot, but 

such suspension shall not extend beyond 

the current term of the school.n 

It $8 the opinionof this Department that the above 

Quotsd ‘ktlcle looks to the allowing of pupils over and under 

‘acholastlc age on ‘suoh terms as the trustees of the school may 

deem proper to, classes regularly conducted for pupils of scholastio age as a part of the public free school system. Nowhere 

does this ,%rtiole authorize .the trustees to establish and maintain classes for persons over tmanty-one years of age. Certatily 

it does not give the trustees authority to spend money from the 

local maintenanoe fund jMr.the establishment of such adult classes, 

Vihile it oonnot be denled that the establishment of 

adult ~l~$sse's- is, a pio~rthwhile project, this Department fails to 
Bonorable L. A. Woode, Page 5 

tlnd any authority 

tenanoe f und8. 

for the expenditure thereon ot local mainYours very truly 

BG:RS 

. ATTORNEY GXNERAL 03 Q?XIS