### EAY~TORNEW 

### GENERAL

OIFTEXA~

WI& WILSON
**A ’** **LTORNEY** OENISRAL. A~-STIN 11, TEXAS

June 28, 

### 1960

Dr. J. W. Edgar Opinion **NO.** 

### w-868 Commissionerof 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 PublicJunior 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 information: - following

The National Defense Act of 1958

authorizes financial assistance to the States over a period of four fiscal years In establishingand 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 appropriationof $70mllllon 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 sectionDr. J. W. Edgar, Page 2 

### (ww-868)

further authorizes 

### $5million for like fiscal years for payments to state educationalagencies for the expansion and improvementof state supervision and related services in the fields of science,mathematics andmodern foreign language instruction in the elementary and secondary schoolsand for the administrationof the.stateplan.

"Underother provisions of Public Law 

### 85-864,and a Texas State Plan adopted pursuant theretomany of the elementary and 12-grade school districts of this State are currentlyparticipating In Title III program,which Is administered through the Texas CentralEducation Agency. "Recently, Interested Public Junior College Districts of Texas have observed that such districtsmay likewise realize Title III program benefits needed If this Agencywould 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 EducationAct of 1958, contains the following definitions of the terms or clauses used in the law:

"The term 'secondaryschool'means

a schoolwhich provides secondary education, as determinedunder State law, except that it does not include any education providedbeyond grade 12. For purposes of Sections 441 through 444 of the title, the term 'secondaryschool'may include a public junior college, as determlnedunder State law." Regulationsadopted as applicable to the admlnistration of Title III, Sections 

### 301-304,issuedby the U. S. Commissionerof Education define in Subpart A.1 as follows:Dr. J. 

### w. Edgar, Page 

### 3 (w-868)

"(PI 'Secondaryschool'means a schoolwhich provides secondary education, as determinedunder State law, at grade 12 or below, and may include a public junior collegeproviding education beyond the 12th grade if determined under State law to be a part of the State public secondary school system."

Webster's InternationalDictionary, second edition, defines "secondary,"from an educational standpoint, as being "intermediatebetween elementaryand collegiate." Webster's InternationalDictionary defines "JuniorCollege" as "a collegeproviding courses of Freshman and often of Sophomore grade, either as an independentunit, 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 Collegework taught either separately or in conjunctionwith the Junior and Senior years of the High School and the course of studymust be submittedand approved by the CentralEducation Agencybefore it may be offered.

The Texas statuteshave not specificallydefined the meanlngof theterm Junior Collegenor has Its legal statusbeen determined,but neitherhas themeaning of the term been limlted in any way. (Nixon-ClayCommercial Colle e v. Wood, 170 S.W. 2d 1019, 1
a-e question before us,g~~'~ec~~~ef;~~~~s~~y to look to the characteristicsof Public Junior Colleges in Texas and the similaritiesbetweenpublic junior colleges in relation to public secondary schools in Texas, such as public high schools, to determine the legal status of public junior collegesunder 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 StateBoard of Education, the State Board for Vocational Education, the State Commissionerof 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 shallbe performedby 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 educationat the State level. activitywith 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 educationalaspects 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 educationalundertakings, including the providing of school lunches and the construction of schoolbuildings,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 CountyBoard of,Educationor Board of Trustees of a schooldistrict shall enter into contracts with, or acceptmoneys from, an agency of the Federal Government except under rules and regulationsprescribedby the Central Education Agency."
Sections 1, 2 and 

### 3, of Article 

### 2654-3,Vernon's Civil Statutes, read In part as follows:

"Section1. 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 shallhave 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 EducationAgency, It shallhave the specific responsibilityfor adopting policies, enacting regulationsand establishinggeneralDr. 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 outcomesbeing 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 EducationAgenIt shallbe organized Into such divisions z,"dsubdivisionsas shallbe establishedby the State Board of Education upon recommendation of the State Commissionerof Education,"

"Sec. 

### 3. The functions of the State Department of Education shallbe to carry out the mandates, prohibitions,and regulations for which it ismade responsibleby statute, the State Board of Education,and the Commlssioner of Education. It shallhave no power over local school districts except those specificallygranted in statute,but it shall seek to assist local school districts in developing effectiveand improved programs of education through research and experimentation, consultation,conferences,and evaluation. In discharging these functions the State Department of Education shallmake free and full use of advisory committeesand commissions composed of professional educatorsand/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 propertyvaluation of not less than TwelveDr. 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 determinedby the State Board of Education

. may by vote of the quallfied voters of-the district or city estab$ish andmaintain a junior college

. . .
"Sec. 

### 3. It shallbe the duty of the State Board of Education,with the advice of the State Superintendentof Public Instruction1to determinewhether
or not the conditions set forth in Section No. 1 have been compliedwith, and also whether, in considerationof the geographic locationwith respect to colleges already established, it is feasible and desirable to establish such Junior CollegeDistrict. In passing upon this question, it shallbe 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 Superintendentof Public Instruction, to the Board togetherwith an order of the State Board of Education, authorizing further procedure in the establishment of the Junior College District, if said StateBoard 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 samehas been organized as a junior college districtunder 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 Commissionerof 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 substantiallythe 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 furthermorevested with all the rights, powers, privileges, and duties conferredand Imposedupon trustees of independent schooldistricts by the General Laws of this State, so far
as the samemay be applicable thereto and not inconsistentwith this Act.

. . .'

"Sec. 

### 7. The Junior College District created under this Act shallhave the power to issuebonds for the constructionand equipment of schoolbuildings 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 shallbe collected until by vote of themajority 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 EducationDr. J. 

### w. Edgar, Page 

### a (w-868)

Agency or its componentparts, 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 StateBoard of Education shallhave the responsibilityfor adopting policies, enacting regulationsand establishing general rules necessary for carrying out the dutieswith respect to Public Junior Collegesplaced upon it or upon the Central Education Agencyby the Legislature. The State Commissioner of Education shallbe responsible for carrying out suchpolicies and enforcing such rules and regulations.

"Sec. 

### 3. The State Board of Education, with the advice and assistance of the State Commissionerof Education, shallhave authority to:
"(a) Authorize the creation of Public Junior CollegeDistricts 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 PublicJunior College Districtwhich has failed to establish and maintain a Junior College thereinwithin three 

### (3)years from the date of its authorization;
"(c) Maintain a PublicJunior College Divisionwithin the State Department of Education. The State Commissionerof Education shallhave the authority to appoint, subject to the confirmationof the State Board of Education, an Assistant Commissionerof Education for PublicJunior Colleges,and to prescribehis duties and functions;**& ’**  **-**

Dr. J. w. Edgar, Page 9 

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"(d) Adopt standards for the operation of PublicJunior Colleges and prescribe the rules and regulations therefor;

. . ."

As set out in Article 2815h, Vernon's Civil Statutes, the Texas PublicJunior Colleges are governed, administeredand controlledby the Board of Education of the IndependentSchool Districts or Junior College Districts of the particular district inwhich each is located and all such districtsare 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 issuebonds, levy taxes to service same, and levy and collect taxes for their support andmaintenance. Therefore,Junior Colleges of Texas are an integralpart of the local public school system,and,
as such, are a part of the secondarypublic schoolprogram which Includeshigh schools and junior colleges. Although from a curriculum standpoint,the Texas Public Junior Colleges are consideredhigher education, since they offer work parallel to that of the first two years of the four year colleges, they also comewithin the definition of secondary schools in Texas,being governed and financed in the samemanner 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 PublicJunior Collegesare an integralpart of the local public school system, and, as such, under State law, are a part of the public secondary school system of Texaswhich entitles them to financial assistanceunder Title III of the National Defense Education Act of 

### 1958.

SUMMARY

The PublicJunior Colleges of Texas, an integralpart of local public school systems,
are considereda part of the secondary schoolprogram of Texas under State law even though the curriculum Is parallel to that of the first twoDr. J. 

### w. Edgar, Page 10 

### (hw-868)

years of a four year college, and therefore, the Public Junior Colleges of Texas are eligible for financialasslstante under Title III of the National Defense Education Act of 

### 1958.

Yours very truly,

WILL WILSON 

# ~y~~?L!!!df

AssistantAttorney General

1BW:mm

APPROVED:

OPINION COMMITTEE W. V. Geppert, Chairman

Mary K. Wall Robert G. Scofield Gordon Cass Arthur Sandlin

REVIEWED FOR TRE ATTORNEYGENERAL BY: Leonard Passmore