Untitled Texas Attorney General Opinion ( 1968 )

3%~ ATTORNEY’ GENERAL
OF TEXAS
AUS-lVN. %-ExAl3 78711
February 9, 1968
Commissioner J. K. Williams Opinion No. M-199
Coordinating Board
Texas College & University System Re: Whether Public Junior Colleges
Sam Houston State Office Building in Texas are "institutions
Austin, Texas 78701 which are local educational
agencies" as provided by the
Dear Mr. Williams: State, and related questions.
In your request for an opinion from this office you
state the following:
"In 1965 the Central Texas Union Junior
College District was created by a vote of the
people. The College District is comprised of
the Independent School Districts of Killeen
and Copperas Cove and the Connnon School Dis-
trict of Nolanville. The tax base was estab-
lished on the recommendation of consultants
who estimated opening enrollment would be
approximately 155 students.
"Evidently, the consultants did not
consider the sheer vastness of the military
complex located at Fort Hood, Killeen Base,
and Robert Gray Army Airfield. There are ap-
proximately 40,000 permanent personnel, most
of whom are eligible to attend Central Texas
College under the Department of Defense As-
sistance Program or the G.I. Bill. The truth
of the matter is that Central Texas College
is committed to serve what amounts to a vast
Federal District.
"The assessed valuation of Central Texas
College District is approximately $72,000,000.00,
which would be adequate to provide the civilian
population of the District, not including mili-
tary dependents. In reality, these military
reservations are legally a part of the College
District and were voted as such when the Dis-
trict was created.
‘- 956 -
Hon. J. K. Williams, page 2 (M-199)
"As a result, Central Texas College had to
allocate several times as much money to con-
struction and equipment as was initially visu-
alized, since students registered for classes at
a rate of 1,300% in excess of the original esti-
mate.
"The composition of the Fall Semester, 1967
Enrollment (Head-count) was as follows:
"1,187 Active Military
315 Militarily-Connected Dependents
112~ Federal Employees and Dependents
470 All Other
"The basis for junior college taxation is
very similar to that of the public school system.
The problems of finance are also much the same.
The tax rate for Fiscal Year, 1968 for opera-
tion and maintenance is $.25 per $100 assessed
valuation, the maximum rate authorized when the
District was established. Due to the unique
situation whereby Fort Hood was created, Central
Texas College is legally prohibited from taxing
any private business located on these military
reservations. The only remaining alternative to
proper financing of the College is to seek possi-
ble federal financial assistance as an impacted
junior college district under . . . federal pro-
grams :
”
. . .
"The purpose of this letter is to request
your opinion in regard to the following four
questions:
"1.) are Public Junior Colleges in Texas
'institutions which are local educational
agencies' as provided by the state,
"2.) are Public Junior Colleges in Texas
institutions which provide 'public free' sec-
ondary education at public expense, pursuant to
the laws of the State of Texas,
"3.) is Attorney General's Opinion WW-868
altered by the passage of the Higher Education
-957-
Hon. J. K. Williams, page 3 (W-199)
Coordinating Act of 1965, (H.B. 1, Acts of the
59th Legislature, Regular Session 1965), and
"4.) are Public Junior Colleges in Texas
'in fact, under public supervision and direction?'
First Question
Article 2815h, Vernon's Civil Statutes, authorizes
the establishment of junior college districts with powers to
assess and collect taxes for support and maintenance. Section
5 of Article 2815h provides:
"The Board of Trustees of Junior College
Districts shall be governed in the establish-
ment, management and control of the Junior
College by the General Law governing the estab-
lishment management and control of Independent
School Districts insofar as the General Law is
applicable."
In Shepherd v. San Jacinto Junior College District, 363
S.W.2d 742 (Tex.Sup. 1962), the Court held Article 2815h to be
a constitutional enactment. In this case, the Court said at page
744:
The junior colleges, developed for
the moit'p&t since 1929, are sandwiched in, so
to speak, between the high schools on one hand
and the colleges or universities on the other
hand. In certain respects, the junior college
is what its name implies, that is, a school
which is above the high school level yet one
whose highest grade is below the educational
level required for a degree from a university.
Yet, as pointed out by one of the briefs on
file here, it would not be inappropriate to
refer to the districts which support such
schools as 'junior college districts,' 'ad-
vanced independent school districts' or 'grad-
uate high school districts.' The point of this
is that junior colleges and their districts may
in some instances be regarded as colleges and in
other instances as schools in the nature of ad-
vanced high schools. The Junior College Act it-
self makes numerous references to independent
-958-
Hon. J. K. Williams, page 4 (M-199)
school districts when delineating the powers and
operations of a junior college district.*
Public junior college districts have some attributes
of both high school districts and of colleges and in some areas
are considered to be local agencies as provided by the State.
Attorney General's Opinion WW-868 (1960).
In our opinion public junior colleges in Texas are
"institutions which are local educational agencies" as provided
by the State of Texas.
Second Question
We are unable to find any statutory authority defining
"public free" secondary education at public expense, pursuant
to the laws of the State of Texas. In Shepherd v. San Jacinto
Junior College District, 363 S.W.Zd 742 (Tex.Sup. 1962) , it was
held that junior colleges constitute a part of the public free
schools of Texas.
It is our opinion that public junior colleges in Texas
are institutions which provide "public free" secondary education
at public expense, pursuant to the laws of the State of Texas.
Third Question
The Higher Education Coordinating Act of 1965, codified
as Article 2919e-2, Vernon's.Civil Statutes, in Sections 3 and
17 expressly provide that the State Coordinating Board, Texas
College and University System, shall exercise general control of
all public junior colleges, including functions set out~in said
statute and in other laws of the State,of Texas. However, said
Act further provides that functions vested in the governing boards
of the respective public junior colleges, not specifically dele-
gated to the State Board, shall be performed by such local boards.
Section 5 of Article 2815h also provides that the board of trustees
of junior college districts shall be governed in the establishment,
management and control of the junior college by the general law
governing ,the establishment, management and control of independent
school districts insofar as the general law is applicable. It is
our opinion that Attorney General's Opinion WW-868 (1960) is not
altered by the terms of the Higher Education Coordinating Act of
1965.
Fourth Question
The Higher Education Coordinating Act of 1965 (Article
-959-
Hon. J. K. Williams, page 5 (M-199)
2919e-2) in Sections 3 and 17, provide that the Higher Education
Coordinating Board shall exercise general control of all public
junior colleges and shall perform such functions as provided by
said Act and by other laws of the State of Texas.
In our opinion public junior colleges are under public
supervision and direction.
SUMMARY
Public junior colleges in Texas are "in-
stitutions which are local educational agencies"
as provided by the State.
Public junior colleges in Texas are in-
stitutions which provide "public free" secondary
education at public expense, pursuant to the
laws of the State of Texas.
Attorney General's Opinion WW-868 (1960) is
not altered by the passage of the Higher Edu-
cation Coordinating Act of 1965.
Public junior colleges in Texas are under
public supervision and direction.
/7
s very truly,
cm=
C. 'MARTIN
General of Texas
Prepared by Jack Sparks
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Hawthorne Phillips, Chairman
Kerns Taylor, Co-Chairman
W. V. Geppert
John Banks
Fisher Tyler
James Quick
A. J. CARUBBI, JR.
Executive Assistant
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