,
The Honorable Kenneth Ashworth Opinion No. H-929
Commissioner
Coordinating Board Re: Applicability of
Texas College and University Texas Education Agency
system regulations to grievance
P. 0. Box 12788, Capitol Station proceedings before boards
Austin, Texas 78711 of public community college
districts.
Dear Dr. Ashworth:
You have asked whether the procedures for hearings and
appeals promulgated by the Texas Education Agency pursuant
to section 11.13 of the Education Code are applicable to public
junior or community college districts. Section 11.13 provides
in pertinent part:
(a) Persons having any matter of dispute
among them arising under the school laws of
Texas or any person aggrieved by the school
laws of Texas or by actions or decisions of
any board of trustees or board of education
may appeal in writing to the commissioner of
education . . . .
(b) The decisions of the commissioner of
education shall be subject to review by the
State Board of Education.
(c) Any person, county, or school district
aggrieved by any action of the Central
Education Agency may appeal to a district
court in Travis County, Texas . . . .
p. 3884
,
The Honorable Kenneth Ashworth - Page 2 (H-929)
You state that the board of trustees for the El Paso
Junior College
- District recently received a. request
. ~. from a
number of its employees for a hearing at which those eIIplOyeeS
might present grievances. The district's board of trustees
has indicated its commitment to satisfying pertinent standards
of procedural and substantive due process, but questions the
applicability of regulations issued by the Texas Education
Agency pursuant to section 11.13.
The Education Code authorizes the Coordinating Board
for the Texas College and University System to exercise
"general control of the public junior colleges" of Texas.
Education Code, 55 61.060, 130.001. All authority not vested
in the Coordinating Board is "reserved and retained locally
in each respective public junior college district . . . ."
Education Code, 5 61.060. Thus, we have previously said:
[Wlith the exception of certain aspects of
vocational and technical programs, neither
the commissioner of education nor the State
Board of Education exercises control over
junior colleges, that control generally
being vested in the Coordinating Board,
local public junior college districts, and the
governing board of each public junior college.
Attorney General Opinion H-541 (1975) at l-2.
We consider Attorney General Opinion H-541 to be dis-
positive of the question you pose. Section 11.13 of the
Education Code confers upon neither the commissioner of
education nor the State Board of Education authority to hear
appeals from actions of public junior college boards of
trustees. Accordingly, rules and regulations relative
to the conduct of hearings and appeals issued by the Texas
Education Agency pursuant to section 11.13 of the Education
Code are inapplicable to hearings before the governing boards
of public junior or community college districts, except
insofar as those hearings concern vocational and technical
programs under the jurisdiction of the State Board of
Vocational Education. See Attorney General Opinions H-580 and
-
H-541 (1975).
p. 3885
The Honorable Kenneth Ashworth - page 3 (H-929)
SUMMARY
Rules relative to the conduct of
hearings and appeals issued by the Texas
Education Agency are inapplicable to
hearings before the governing boards of
public junior or community college
districts, except insofar as those
hearings concern vocational and technical
programs under the jurisdiction of the State
Board of Vocational Education.
Very truly yours,
($G?sK2~
Attorney General of Texas
APPROVED:
KENDALL, First Assistant
C. ROBERT HEATH. Chairman
Opinion Committee
jwb
p. 3886