EAY~TORNEW GENERAL 

OIFTEXA~ 

WI& WILSON 

A’LTORNEY OENISRAL. 

A~-STIN 11, TEXAS 

June 28, 1960 

Dr. J. W. Edgar Opinion NO. w-868 

Commissioner of Education 

Capitol Station Re: Legal Status of Texas 

Austin 11, Texas Public Junior Colleges 

as regards their ellgibillty for financial 

assistance under Title 

III of the National Defense Education Act of 

Dear Dr. Edgar: 1958. 

We have received your letter of recent date in 

which you ask the opinion of this Department as to the 

legal status of Texas Public Junior Colleges as regards 

their eliglblllty for financial assistance under Title 

III of the National Defense Education Act of 1958. 

Your letter requesting this opinion contains the 

following information: - 

The National Defense Act of 1958 

authorizes financial assistance to the 

States over a period of four fiscal 

years In establishing and maintaining 

a two-part program for strengthening 

science, mathematics and modern foreign 

language instruction in public schools. 

(Sections 441-445, Title 20, USCA) 

Section 441, Title 20, USCA, authorizes an appropriation of $70 mllllon for 

the fiscal year ending June 30, 1959, and 

for each of the three succeeding fiscal 

years for payments to state educational 

agencies under this Title for the acquisition of equipment suitable for use In providing education in science, mathematics 

and modern foreign languages In the elementary and secondary schools of the State and 

for minor remodeling of laboratory or other 

space used for such equipment. This section 
Dr. J. W. Edgar, Page 2 (ww-868) 

further authorizes $5 million for like 

fiscal years for payments to state 

educational agencies for the expansion 

and improvement of state supervision 

and related services in the fields of 

science, mathematics and modern foreign 

language instruction in the elementary 

and secondary schools and for the 

administration of the.state plan. 

"Under other provisions of Public 

Law 85-864, and a Texas State Plan 

adopted pursuant thereto many of the 

elementary and 12-grade school districts 

of this State are currently participating 

In Title III program, which Is administered through the Texas Central Education 

Agency. 

"Recently, Interested Public Junior 

College Districts of Texas have observed 

that such districts may likewise realize 

Title III program benefits needed If this 

Agency would obtain a ruling from the 

Office of Attorney General that Texas 

Public Junior Colleges constitute a part 

of the State public secondary school system 

for purposes of that law." 

Section 403 (h), Title 20, USCA, known as the 

National Defense Education Act of 1958, contains the 

following definitions of the terms or clauses used in 

the law: 

"The term 'secondary school' means 

a school which provides secondary education, as determined under State law, except that it does not include any education provided beyond grade 12. For purposes of Sections 441 through 444 of the 

title, the term 'secondary school' may 

include a public junior college, as 

determlned under State law." 

Regulations adopted as applicable to the admlnistration of Title III, Sections 301-304, issued by the 

U. S. Commissioner of Education define in Subpart A.1 as 

follows: 
Dr. J. w. Edgar, Page 3 (w-868) 

"(PI 'Secondary school' means a 

school which provides secondary education, as determined under State law, at 

grade 12 or below, and may include a 

public junior college providing education beyond the 12th grade if determined 

under State law to be a part of the State 

public secondary school system." 

Webster's International Dictionary, second 

edition, defines "secondary," from an educational standpoint, as being "intermediate between elementary and 

collegiate." Webster's International Dictionary defines 

"Junior College" as "a college providing courses of 

Freshman and often of Sophomore grade, either as an 

independent unit, or as a part of a standard college, or 

as a secondary school." 

- 

Section 12, Article 281511, Vernon's Civil Statutes, states that a junior college consists of the Freshman and Sophomore College work taught either separately or 

in conjunction with the Junior and Senior years of the High 

School and the course of study must be submitted and approved by the Central Education Agency before it may be offered. 

The Texas statutes have not specifically defined 

the meanlngof theterm Junior College nor has Its legal 

status been determined, but neither has the meaning of the 

term been limlted in any way. (Nixon-Clay Commercial Colle e v. Wood, 170 S.W. 2d 1019, 1 

a-e question before us,g~~'~ec~~~ef;~~~~s~~y 

to look to the characteristics of Public Junior Colleges in 

Texas and the similarities between public junior colleges 

in relation to public secondary schools in Texas, such as 

public high schools, to determine the legal status of public 

junior colleges under State law. 

Sections 1, 2 and 3, of Article 2654-1, Vernon's 

Civil Statutes, read in part as follows: 

"Section 1. There is hereby established a Central Education Agency composed of the State Board of Education, the 

State Board for Vocational Education, the 

State Commissioner of Education, and the 

State Department of Education. It shall 

carry out such educational functions as 

may be assigned to It by the Legislature, 
Dr. J. w. Edgar, Page 4 (w-868) 

but all educational functions not specifically delegated to the Central Education 

Agency shall be performed by County Boards 

of Education or District Boards of Trustees. 

"Sec. 2. The Central Education Agency 

shall exercise, under the Acts of the Legislature, general control of the system of 

public education at the State level. 

activity with persons under twenty-oneATil) 

years of age which is carried on within the 

State by other State or Federal Agencies, 

except higher education in approved colleges, 

shall in its educational aspects be subject 

to the rules and regulations of the Central 

Education Agency. 

"Sec. 3. The Central Education Agency 

shall be the sole agency of the State of 

Texas empowered to enter into agreements 

respecting educational undertakings, including 

the providing of school lunches and the construction of school buildings, with an agency 

of the Federal Government, except such agreements as may be entered into by the Governing 

Board of a State university or college. No 

County Board of,Education or Board of Trustees 

of a school district shall enter into contracts 

with, or accept moneys from, an agency of the 

Federal Government except under rules and 

regulations prescribed by the Central Education 

Agency." 

Sections 1, 2 and 3, of Article 2654-3, Vernon's 

Civil Statutes, read In part as follows: 

"Section 1. The State Board of Education is hereby declared to be the policy 

forming and planning body for the Public 

School System of the State. . D q 

"Sec. 2, It shall have the duties and 

powers prescribed in the statute for the 

State Board of Education and the State Board 

of Vocational Education. As one part of the 

Central Education Agency, It shall have the 

specific responsibility for adopting policies, 

enacting regulations and establishing general 
Dr. J. w. Edgar, Page 5 (wb-868) 

rules for carrying out the duties placed 

upon It or upon the Central Education 

Agency by the Legislature. . . . 

"Sec. 3. The State Board of Education 

shall review periodically the educational 

needs of the State and adopt or promote plans 

for meeting these needs. It shall evaluate 

the outcomes being achieved in the educational 

program. . . . 

Sections 1 and 3 of Article 2654-6, Vernon's 

Civil Statutes, read In part as follows: 

"Section 1. There is hereby establlshed the State Department of Education, which 

shall be the professional, technical, and 

clerical staff of the Central Education AgenIt shall be organized Into such divisions 

z,"d subdivisions as shall be established by 

the State Board of Education upon recommendation of the State Commissioner of Education," 

"Sec. 3. The functions of the State Department of Education shall be to carry out 

the mandates, prohibitions, and regulations 

for which it is made responsible by statute, 

the State Board of Education, and the Commlssioner of Education. It shall have no power 

over local school districts except those 

specifically granted in statute, but it shall 

seek to assist local school districts in 

developing effective and improved programs 

of education through research and experimentation, consultation, conferences, and evaluation. In discharging these functions the State 

Department of Education shall make free and 

full use of advisory committees and commissions 

composed of professional educators and/or other 

citizens of the State." 

Sections 1, 3, 4 and 7, of Article 2815h, Vernon's 

Civil Statutes, read in part as follows: 

"Section 1. Any Independent School District, or city, which has assumed control of 

its schools, having In either case an assessed property valuation of not less than Twelve 
Dr. J. w. Edgar, Page 6 (w-868) 

Million ($12,000,000.00) Dollars . 

that will meet the needs of the proposed Junior College District, said need 

to be determined by the State Board of 

Education . may by vote of the quallfied voters of-the district or city 

estab$ish and maintain a junior college 

. . . 

"Sec. 3. It shall be the duty of 

the State Board of Education, with the 

advice of the State Superintendent of 

Public Instruction1 to determine whether 

or not the conditions set forth in Section No. 1 have been complied with, and 

also whether, in consideration of the 

geographic location with respect to 

colleges already established, it is feasible and desirable to establish such 

Junior College District. In passing upon 

this question, it shall be the duty of 

the State Board of Education to consider 

the needs of the State and the welfare of 

the State as a whole, as well as the welfare of the community involved. The 

action of the State Board of Education 

shall be final and shall be communicated, 

through the State Superintendent of Public 

Instruction, to the Board together with an 

order of the State Board of Education, 

authorizing further procedure in the establishment of the Junior College District, if 

said State Board lndorses its establishment. !I 

. . . 

"Sec. 4. A junior college established 

and maintained by an independent school district or city that has assumed control of 

its schools, or where the same has been organized as a junior college district under 

the provisions of this Act prior to October 

15, 1935, as an Independent entity, or may 

hereafter be so created, and/or wherein the 

lOfflce abolished and powers and duties transferred to 

State Commissioner of Education. See Arts. 2654-5, 

2654-7, Vernon's Civil Statutes. 
(. - 

Dr. J. w. Edgar, Page 7 (w-868) 

boundaries of the junior college district 

are the same, or substantially the same, 

as the independent school district, shall 

be governed, administered, and controlled 

by and under the direction of the board of 

education of such district or city. The 

said board of education of such junior 

college district, under the provisions of 

this Act, shall in addition to all of the 

powers and duties vested In them by the 

terms of this Act, be furthermore vested 

with all the rights, powers, privileges, 

and duties conferred and Imposed upon 

trustees of independent school districts 

by the General Laws of this State, so far 

as the same may be applicable thereto and 

not inconsistent with this Act. . . .' 

"Sec. 7. The Junior College District 

created under this Act shall have the power 

to issue bonds for the construction and 

equipment of school buildings and the acquisition of sites therefor, and to provide 

for the interest and sinking fund for such 

bonds by levying of such taxes as will be 

necessary in this connection. The Junior 

College District shall also levy and collect 

taxes for the support and maintenance of the 

Junior College, provided that no bonds shall 

be Issued and no taxes shall be collected 

until by vote of the majority of the qualified 

voters of the Junior College District, at an 

election called for that purpose in accordance 

with the provisions of the General Law providing for similar elections In Independent School 

Districts, such bonds and taxes are authorized. I, 

. . . 

Sections 1, 2 and 3 (a)(b) (c) and (d), Article 

2815k-2, Vernon's Civil Statutes, read in part as follows: 

"Section 1. The Central Education 

Agency shall exercise, under the Acts of 

the Legislature, general control of the 

Public Junior Colleges of this State. All 

authority not vested by this Act or other 

laws of the State in the Central Education 
Dr. J. w. Edgar, Page a (w-868) 

Agency or its component parts, is reserved and retained locally in each respective Public Junior College District or 

governing board of each Public Junior 

College as provided in the laws applicable 

thereto. 

“Sec. 2. The State Board of Education 

shall have the responsibility for adopting 

policies, enacting regulations and establishing general rules necessary for carrying out 

the duties with respect to Public Junior 

Colleges placed upon it or upon the Central 

Education Agency by the Legislature. The 

State Commissioner of Education shall be responsible for carrying out such policies and 

enforcing such rules and regulations. 

"Sec. 3. The State Board of Education, 

with the advice and assistance of the State 

Commissioner of Education, shall have authority to: 

"(a) Authorize the creation of Public 

Junior College Districts as provided in the 

laws pertaining thereto. In the exercise of 

this authority the State Board of Education 

shall give particular attention to the need 

for a Public Junior College in the proposed 

district, and the ability of the district 

to provide adequate local financial support; 

"(b) Dissolve any Public Junior College District which has failed to establish 

and maintain a Junior College therein within 

three (3) years from the date of its authorization; 

"(c) Maintain a Public Junior College 

Division within the State Department of 

Education. The State Commissioner of Education shall have the authority to appoint, 

subject to the confirmation of the State Board 

of Education, an Assistant Commissioner of 

Education for Public Junior Colleges, and to 

prescribe his duties and functions; 
&’ - 

Dr. J. w. Edgar, Page 9 (ww-868) 

"(d) Adopt standards for the 

operation of Public Junior Colleges 

and prescribe the rules and regulations therefor; . . ." 

As set out in Article 2815h, Vernon's Civil 

Statutes, the Texas Public Junior Colleges are governed, administered and controlled by the Board of Education of the Independent School Districts or Junior 

College Districts of the particular district in which 

each is located and all such districts are under the 

general control of the Central Education Agency as stated 

in Article 2654-1, Vernon's Civil Statutes. Under Article 

2815h, Vernon's Civil Statutes, the Junior College Districts are given power to issue bonds, levy taxes to 

service same, and levy and collect taxes for their support 

and maintenance. Therefore, Junior Colleges of Texas are 

an integral part of the local public school system, and, 

as such, are a part of the secondary public school program 

which Includes high schools and junior colleges. Although 

from a curriculum standpoint, the Texas Public Junior 

Colleges are considered higher education, since they offer 

work parallel to that of the first two years of the four 

year colleges, they also come within the definition of 

secondary schools in Texas, being governed and financed in 

the same manner on the State and local levels as are other 

secondary schools in Texas and we conclude that this is controlling in determining their legal status as secondary 

schools. 

Therefore, It Is the opinion of this Department 

that the Texas Public Junior Colleges are an integral part 

of the local public school system, and, as such, under 

State law, are a part of the public secondary school system 

of Texas which entitles them to financial assistance under 

Title III of the National Defense Education Act of 1958. 

SUMMARY 

The Public Junior Colleges of 

Texas, an integral part of 

local public school systems, 

are considered a part of the 

secondary school program of 

Texas under State law even 

though the curriculum Is parallel to that of the first two 
Dr. J. w. Edgar, Page 10 (hw-868) 

years of a four year college, 

and therefore, the Public 

Junior Colleges of Texas are 

eligible for financial asslstante under Title III of the 

National Defense Education Act 

of 1958. 

Yours very truly, 

WILL WILSON 

~y~~?L!!!d

Assistant Attorney General 

1BW:mm 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Mary K. Wall 

Robert G. Scofield 

Gordon Cass 

Arthur Sandlin 

REVIEWED FOR TRE ATTORNEY GENERAL 

BY: Leonard Passmore