L . THE AITBRNEY GENERAL OFI'EXAS ALWTIN, Texae 78711 February 21, 1968 Hon. J. Vi. Edgar Opinion No.&205 Commissioner of Education Texas Education Agency Rer Whether the Rio Grande In- 201 East 11th Street dependent Rehabilitation Aus tin, Texas 78711 District is an independent school district within the meaning of the Foundation Program Act (Article 2922- 15, V.C.S.) authorizing the payment of state transporta- tion aid to it for transpor- tation of eligible pupils on school buses, and related Dear Dr. Edgar: questions. In your recent request to this office for an opinion, you asked the following questions: "1. Is the Rio Grade Independent Rehabil- itation District an independent school district within the meaning and intendment of the Founda- tion Program Act (Article 2922-15 V.C.S.), su- thorizlng the payment of State transportation aid to it for transportation of eligible pupils on school'buses? "2. Assuming the Rio Grande Independent Re- habilitation District operates an exceptional children program for such exceptional pupils 8s are defined in subsection a of Section (4A), Arti- cle 2922-13 (added to the law, effective beginning the scholastic year, 1967-68)r Is the District an independent school district within the meaning and intendment of the FciundationProgram Act, authorizing -984- . . Hon. J. WQ. Edgar, page 2, M-205 payment s . 0 (for) . . . transportation . . . (of eligible pupils)? (Parenthesis wording ours.) '3. If Article 2875k cannot be construed to authorize payment of transportation benefits alrectly to the Rehabilitation District, may the citea Founda- tion Program Act transportation benefits be psid in- directly to school district(s) or county unit(s) operating transportation system(s) within the two-county comprised Rio Grande Independent Re- habilitation District, who may cooperate to transport eligible pupils to the Rio Grade In- dpendent Rehabilitation District central schools?* The Foundation School Program is contained in Article 2922-11, et seq., Vernon's Civil Statutes. In paragraph (4) of Article 2922-13, provision is made to provide comparable education services for exceptional children in Texas who are over six (6) and not over twenty-one (21) years old at the be- ginning of the scholastic year, for whom the regular school facilities are inadequate or not available. This Section pro- vides for exceptional children teacher units for each school district and defines the meaning of *exceptIonal children." In 1965 the 59th Legislature amended Article 2922-13, by adding paragraph (4A) to Section 1, to provide an annual transportation cost allotment for each district operating an approved exceptional child program as a part of the Foundation School Program. The statute providing for rehabilitation districts is Article 2675k, Vernon's Civil Statutes. This statute was amended by House Bill No. 528 in 1967 (Acts 60th Leg., R.S., 1967, ch. 519, p. 1165). The caption to said amending Act, in part, provides that the Central Education Agency is authorized to allocate Founaa- tion School Program funds directl+ to rehabilitation districts. Section 6 of Article 2675k was amended, in part, in 1967 as follows: * . . D "(d)(l) To prwide for the continuance of an educational program for handicapped per- sons between the ages of six (6) and twenty-one - 985 - I . Hon. J. 99. Edgar. page 3, M-205 (21) inclusive, the training facility(s) operate8 by and within the District shall be eligible for and allotted exceptional children teacher units to the extent herein provided directly through the Foundation School Program of the Central Education Agency. “(2) The basis for establishing, operating and the formula to be used for determining alloca- tion of said exceptional teacher units shall be as required by the Centrel education Agency of indepen- dent school districts except that the District's allocation shall be limited, computed upon and restricted to include only exceptional children between the ages of fourteen (14) and twenty-one (211, both, inclusive. Provided, however, that no local fund assignment shall be charged to a Rehabilitation Distr,ict. "(3) The cost of approved professional units authorized including the per unit operational cost proviaea,by law shal,lbe considered by the Pounda- tion Program Committee in estimating the funds needed for Foundation Program purposes.' This Act also amended.Subsection (I) of Section 7 of Article 2675k. to read,’in,part, as follows: * . . . "(I) Powers of the Board of Directors. In addition to other powers granted herein, the Board of Directors is~empowered and required to: "(1) Govern the District: employ all ad- ministrators, Teachers, special and/or exceptional children teachers, psychologist, social workers, housekeeping and other personnel as may be re- quired to carry out the purposes of the District: and to discharge persons so emplayed. *The teachers and other employees of any -986- Hon. J. W. Edgar, page 4, M-205 such Rehabilitation District shall be eligible to become members of the Teacher Retirement Sys- tem of Texas on the same basis and under the cir- cumstances as teachers and employees of an in- dependent school district; . . . *. . . "(5) Conduct the business affairs of the District with the sams oowers and duties orovided bv law for the Board of Trustees of indeoendent school districts; . . . *. . . "(8) Rake reasonable limitation on the Uura- tion of residence ana attendance by trainees, according to standards adopted by its ” . . . "(10) Apply to any agency of the Federal Government for funds made available, as loans or grants, by the United States Government to carry out the purposes of such Rehabilitation District, in the same manner, according to the same proce- dures, and in all $espects as provided for the receipt of such funds by independent school dis- tricts.. (Emphasis added.) Under the above statutory authority, it is our opinion that the first two questions should be answered in the affirmative. In view of these conclusions, it is not necessary to answer the third question. It should be noted that Attorney General's Opinion No. C-548 (1965) has been rendered moot by the above cited statutory amendments insofar as question No; 1 therein was concerned. -987- . . Hon. J. w. Edgar, page 5, R-205 SUMMARY 1. The Rio Grande Independent Rehabilitation District is an independent school district within the meaning and intendment of the Foundation Pro- gram Act (Article 2922-15, Vernon's Civil Statutes) and is entitled to receive payment of state trans- portation aid for transporting eligible pupils on its school buses. 2. Assuming the Rio Grande Independent Re- habilitation District operates an exceptional children program for such exceptional pupils, as are defined in subsection (a) of Section (4A) of Article 292243, it is operating as an independent school district within the meaning and intendment of the Foundation Act program, and is entitled to receive payment of state transportation aid for transporting eligible pupils on its school buses. truly yours, Lsb7 z-= C. MARTIN rney General of Texas Prepared by Jack Sparks Assistant Attorney General APPRWRD: OPINION COMMITTEE Hawthorne Phillips, Chairman Kerns Taylor, Co-Chairman W. V. Geppert David Longoria Alan Minter Edward Ii.Rsquivel A. J. CARURBI, JR. Rcecutive Assistant -988-