EAY~TORNEW GENERAL
OIFTEXA~
A~-STIN 11, TEXAS
WI& WILSON
A’LTORNEY OENISRAL. 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 ellgi-
billty for financial
assistance under Title
III of the National De-
fense 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, author-
izes 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 acquisi-
tion of equipment suitable for use In pro-
viding education in science, mathematics
and modern foreign languages In the elemen-
tary 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 administer-
ed 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 educa-
tion, as determined under State law, ex-
cept that it does not include any educa-
tion provided beyond grade 12. For pur-
poses 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 admln-
istration 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 educa-
tion, as determined under State law, at
grade 12 or below, and may include a
public junior college providing educa-
tion 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 stand-
point, 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 Stat-
utes, states that a junior college consists of the Fresh-
man 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 approv-
ed 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 Col-
le 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 estab-
lished a Central Education Agency compos-
ed 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 speci-
fically 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 Legis-
lature, 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 con-
struction of school buildings, with an agency
of the Federal Government, except such agree-
ments 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 Educa-
tion 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 establlsh-
ed the State Department of Education, which
shall be the professional, technical, and
clerical staff of the Central Education Agen-
It shall be organized Into such divisions
z,"d subdivisions as shall be established by
the State Board of Education upon recommenda-
tion of the State Commissioner of Education,"
"Sec. 3. The functions of the State De-
partment 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 Commls-
sioner 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 experimenta-
tion, consultation, conferences, and evalua-
tion. 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 Dis-
trict, or city, which has assumed control of
its schools, having In either case an assess-
ed property valuation of not less than Twelve
Dr. J. w. Edgar, Page 6 (w-868)
Million ($12,000,000.00) Dollars .
that will meet the needs of the propos-
ed Junior College District, said need
to be determined by the State Board of
Education . may by vote of the quall-
fied voters of-the district or city
estab$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 Sec-
tion No. 1 have been complied with, and
also whether, in consideration of the
geographic location with respect to
colleges already established, it is feas-
ible 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 wel-
fare 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 estab-
lishment 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 dis-
trict or city that has assumed control of
its schools, or where the same has been or-
ganized 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 ac-
quisition 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 provid-
ing 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 reser-
ved and retained locally in each respec-
tive 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 establish-
ing 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 re-
sponsible 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 author-
ity 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 Col-
lege District which has failed to establish
and maintain a Junior College therein within
three (3) years from the date of its author-
ization;
"(c) Maintain a Public Junior College
Division within the State Department of
Education. The State Commissioner of Educa-
tion 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 regula-
tions therefor; . . ."
As set out in Article 2815h, Vernon's Civil
Statutes, the Texas Public Junior Colleges are govern-
ed, administered and controlled by the Board of Educa-
tion 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 Dis-
tricts 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 con-
trolling 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 paral-
lel 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 asslst-
ante 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