Honorable Bevington Reed OpinionNo. M-365

Commissioner of Higher Education Sam Houston State Office Building Re: Whether establishment of Austin, Texas 78701 a Center as recommended by the Coordinating Board, Texas College and University System, r,equires
Dear Dr. Reed: specific authorizing legislation.
In your letter requesting the Attorney General to render an opinion on the above question,you advised that the Coordinating Board, Texas College and University System, has adopted a recommendationreading as follows:

"That there be established immediatelya Center in Laredo to offer upper-division collegelevelwork giving special emphasis to upperdivision programs in teacher education and business administration leading to the baccalaureate degree. "The Board is of the opinion that the Center shouldbe administeredby Texas A&I University, which has a distinctive teacher education program and is rapidly developing a bilingual business administrationprogram with a grant from the federal government. "The CoordinatingBoard is of the further opinion that Texas A&I can provide these facilities through contractwith Laredo Junior College for the use of its appropriate facilities. The use of the Center by Laredo residents can demonstrate to the Coordinating Board the effectiveness of higher educational opportunities in helping to solve the problems of the region and can serve to support a recommendation for the ultimate establishment of a free-standingupper-divisionmaster's level institution in Laredo."
You advised us, further, that the SouthernAssociation



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of Colleges and Schools, through the college delegate assembly, establishes the standardsby which institutions in Texas are accreditedby that regional organization,and that said associationdefines a Center in the following terms:

"A center is a non-degree granting division or unit of an institution, located in a geographical setting separated from the parent institutionand established for a statedpurpose in relation to the parent institutionand to the area served. The center shall have a pattern or sequence of courses which leads to terminalprograms or degrees on the parent campus or at other degree granting institutions. "The center shall operate under the supervision of an administrativeofficer responsible to the parent institution. Its admission requirements and procedures, courses to be offered, and faculty shall have the approval and be under supervision of the appropriatedepartments on the home campus. Each course offered shall have physical facilities (includingspace and equipment) and libraryholdings equivalent to those required for the same course on the home campus. Academic requirements and instructionalquality shallbe equivalent to thosemaintained at the parent campus. "For the purposes of identification,the parent institutionmust indicate on its transcripts the name of the center where courses are completed." Subsequent to your request for an opinionwe have received the following information from your office:

"Inmaking its recommendationson Laredo, the CoordinatingBoard: "a) Did not intend to create a permanent installation in Laredo by Texas A&I University. (notethe language in the recommendation,emphasis added.) "'Theuse of the Center by Laredo residents can demonstrate to the CoordinatingBoard the effectiveness of higher educational opportunities in helping to solve the problems of the region and can serve to support a recommendation for the ultimate -1803-Hon. Bevington Reed, page 3 (M-365)

establishmentof a free-standingupper-division master's level institution in Laredo.' "b) Considered a 'center'~asa place where extensionwork may be done. "C) Recognized that offering extension courseswas within the present University. roie of Texas A&I
"d) Did not believe that the.establishment of a center would establish or create any university systembecause a 'center'has no individual lifewithin itselfbut draws life from the institution offering extension services. "e) ~Understoodthat this concept of a 'center'is in agreementwith the accreditation definitions of the SouthernAssociation of Colleges and Schools, ie. a center is a place where one does extensionwork,,and as long as studentsdo a prescribedportion of their curriculum on'the Texas A&I campus for the degree the Associationwill judge it as a 'Center.' "f) Determined that extensionwork as described above would be the only function of the 'Center.' "g) Believed that a 'system'ismade up of independent units, each of which has a life of its own and each of which can exist and function without the other units, all of which are under a common Board of Governance." The duties of the Coordinating Board, Texas College and University System, are defined in Section 10 of the Higher Education CoordinatingAct of 1965 (Article2919e-2,Vernon's Civil Statutes); and, insofar as creation of such Center is concerned, the Board's duties are set forth in sub-sections (3)and (9)of said Section 10, in the following language:

"Sec. 10. The Board shall represent the highest authority in the State inmatters of higher public education and shall * * * t "(3) Classify, and prescribe the role and

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scope 'for,

each public institutionof higher education in Texas and make such changes in classifzcationor role an dsti- tutions as it deems necessary. * * * * "(9) Make continuing studies of the needs of the State for research and for extension and public services and designate the institutions of higher education to perform research,public service and,extensionprograms, including limitation of extensionprograms for credit to specific geographic areas." (Emphasisadded.)
Texas A&I University is among the institutions subject to the provisions of the Higher Education CoordinatingAct of 1965. Article 2919e-2, Section 2, subdivision (c). Therefore, the Coordinating.Board~mustprescribe-that- university's role and scopewithin.the State's higher education system, in compliancewith Section lO(3) of the Act. The act of the Coordinating Board, authorizingestablishmentof such Center, as a facility of Texas A&I University,whollymanaged by and dependent upon that institution,broadens the role and scope for Texas A&I University, as an institutionof higher education,by providing,educational services for a given area of the State, through its central campus and its Center at Laredo. Thus, in authorizing,creationof the Center at Laredo, the Board will have done exactly as it is authorized to do in Section lO(3) of the CoordinatingAct.

Section lO(9) of the CoordinatingAct requires the Board to designate those institutionswhich are to carry out educational extension serviceswithin the State to be carried out at the proposed Center, in of;er?$!$%?ed college level courses for credit from Texas A&I University, will be an.extensionprogram of that university. Therefore, the CoordinatinaBoard. in addition to hauina,orescribedan aspect of the.educations role and scope~ofTexas A&I University, will have compliedwith the Legislature?sdirection that the Board designate the institutionsto.carry out extension programs. Texas A&I Universityhas been designatedby the Board as the institution,tocarry out anyextensionprogram in that area of Texas, through a Center in Laredo.

The Board, having had authority delegated to it as *thehighest authority in the State inmatters of public education," clearly has the authority,andduty to act, with additional legislativeaffirmance of its acts,within the area -1805-I .

Hon. Bevington Reed, page 5 (M-365)

of its delegated powers and duties. Within that area lie prescription of the educational role and scope for each educational institutioncoveredby the Act, and a designation of the institutionsto carry out extension programs,without geographic limitation. Since the Board, in recommending establishment of the Center, has acted wholly within the scope of the powers and duties delegated to it, there exists no need for legislativeaffirmance of such action. SUMMARY Establishmentof a Center at Laredo, to be administered by Texas A&I University, as recommended by the CoordinatingBoard, Texas College and University System,will not require specific legislative authorizationprior to its inaugu i"ption.

General of Texas Preparedby Rick P. Fisher AssistantAttorney General
APPROVED: OPINION COMMITTEE
Kerns Taylor, Chairman George Xelton, Vice-Chairman Charles Parrett Neil Williams Fisher Tyler Robert C. Crouch
W. V. GEPPERT Staff Legal Assistant

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