OFFICE OF THE AmORNEY GENERAL OF TEXAS **AUSTIN**

--=--

goaorableLi A. Woods State Superlntehdentof Public Instruotions

**. -AU&ill,**  Texas

**. .** 

**nine months**  **ax monies**  **for** sses

## ror adults Suoh funda in State nnd Feded forVocational Ed1 

## of the Constitutionof Texas

era1 +iffusion ot knowledgebeing o the preservation OS the liberties 8 of the people, it shallbe the he Legislature of the State to eetvbmake suitable

## p~ovislonfor the support and maintenance ot an effioient system. of publio free 

## 8oho018.w

In eocordonoe with the constitutionalmandate that a Wtem or publlo irea sohools be establishsd,the Legislature hasauthorizedthe creation or independentschool districts.. &helocal taxea, or rmintenanoe taxes, voted by sald dlstriots

## 30

Troaorable

I.. A. Foods, Page 8

are authorizedby 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 eleotionheld ror that purpose; * * *I1

..-tithe 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 expendswney belonging thereto exoept for : the purposes,authoriaqdby statute.” The authorizedexpenditure of public school funds is providedfor inArticle 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 .Stateand 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 salariesbecome sue before the school fucds f’or the curreatyear 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 entitledto free tuition and other local. . 

## -..

. 310

gonorableL; 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 propositionof whether or not the conducting of~classes Scr adul.te isa part of a public free school systen. The scholastic age of students'whoare to receive.the benefits of our public free eehoolsyeten 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 'trusteesof 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-oneyears 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'foradults is not suoh % function of the public free tQhoo1system of this State as to authorize expenditure of local ~~utenancepublicylhool funds SOT said purpose. A3 stated byhonorableL. A. 

## 30iai3, Pi66 

## 4

the Supreme Court. of Alabama in then--case of State Tax Cotis

## 8i0nII.

## countyBoardof Eduoatioa

## or Jerrerson

## couatg, 179 southern197, *Operation‘oiadult 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 tii e public 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 theLegis!ature InArticle 2902, supra.

In this conneatlon your attention is called to Artiole 2904 of the F&vised Civil Statutes, whioh reads as Sollam: ‘“Thetrusteh 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 .properand just; provided,-thatin admit- .tlng.pupilsover and under the scholastlo age, the schoo3.shall not be overcrowdea **to** the neglect and injury of pupils vithin the scholastic age. Theymey **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

## ‘suohterms as the trustees of the school may deemproper **to, classes**  **regularly** conductedfor pupils of scholastioage as a part of the public free school system. Nowhere doesthis ,%rtioleauthorize .thetrustees to establish and maintainclasses for persons over tmanty-one years of age. Certatily itdoes not give the trustees authority to spend money from the localmaintenanoe fund jMr.the establishmentof such adult classes,

Vihileit oonnot be denled that the establishment of adult ~l~$sse's- is,

a pio~rthwhile

project, this Department fails toBonorableL. **A.** Woode, Page 5

**tlnd** any authority tenanoe

## fund8. for the expenditurethereon ot local mainYours very truly

BG:RS

. ATTORNEY GXNERAL 03 Q?XIS