Untitled Texas Attorney General Opinion ( 1971 )

: - EZNEX GENEHAL XAS AUSTIN.TEXAR 78711 cxL‘iwPo- c. MAIRTIN .4lTOR1CEzYGENRRAL March 24, 1971 Mr. 0. W. McStay Opinion No. M-819 Executive Secretary State Board of Barber Examiners Re: Barber school teachers 512 Sam Houston Building teaching in more than Austin, Texas 78701 one school. Dear Mr. McStay: In your recent letter you stated that your office has information that throughout the State several teachers in barber schools teach in different schools instead of remaining attached to one particular barber school, and you ask the question as follows: ,I . . . whether or not a teacher in a Barber School can be employed in and teach at more than one School at a time?" The answer to your question is "yes", provided each barber school provides the required theory instruction by a qualified teacher. The controlling portions of Article 734a, Vernon's Penal Code, Texas Barber Law, Section 9, Subsections (e), (f) and (g) which read, in part, as follows: "(e) A minimum of five (5) one-hour periods of each week shall be devoted to the instruction of theory in the classroom . . ." "(f) No barber school or college which issues 'Class A’ certificates shall be approved by the Board unless it . . . shall have at least one (1) teacher who has a teacher's certificate issued by the Board upon examination and who is capable and qualified to teach the curriculum outlined herein to the students of such school . . ." -3967- . . Mr. 0. W. McStay, page 2 (M-819) "(4) In addition to a minimum of one (1) teacher required . . . above, each barber school or college which issues 'Class A' certificates shall maintain at least one (1) qualified in- structor, holding a registered 'Class A’ certi- ficate, for each twenty (20) students or any fraction thereof for instruction in practical work; provided, however, that a teacher can also serve as an instructor in practical work in addition to his position as a theory teacher." We find no statutory or rule-making limitation on the duties of teachers, as opposed to instructors, other than the implication that the minimum number of teachers required by Subsection (f) should be on duty at the school at all times neces- sary to instruct the students during the teaching of theory re- quired by Subsection (e). If, however, under Subsection (g) a teacher serves also as an instructor, such teacher will be re- quired to remain at the school during the school hours unless the schoolhasa sufficient number of instructors to meet the minimum requirements as set out in Subsection (g) without the use of such teacher as an instructor. SUMMARY A barber school teacher may be employed in and teach at more than one school at a time, pro- vided the school has a teacher available for the required five one-hour periods each week devoted to the instruction of theory. Very truly yours, CRAWFORD C. MARTIN Attorney General of Texas By%&/& NOIA WHITE First Assistant -3968- Mr. 0. W. McStay, page 3 (M-819) Prepared by Melvin E. Corley Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E. Allen, Co-Chairman Ivan Williams Bob Davis Linward Shivers Camm Lary MEADE F. GRIFFIN Staff Legal Assistant ALFRED WALKER Executive Assistant -39b9-