Untitled Texas Attorney General Opinion ( 1946 )

OFFICE OF TEE ATTOFiEEYGENEEAL OF TEXAS '~' . AUSTIN GROVER SW ATl!ORWEY GE= Hr. T.M. Trlmble, First Assistant State Superintendentof'Pubic Instruction Austin, Texas Dear sir1 Opinion Ho. O-7258 Rer Whether teachers employed in public sohools of Eastland County may accept part-time employment as teachers In the Eastland County Vocational Schools for G.I.123. We acknowledgereceipt of your letter of recent date on behalf of Mr. Homer Smith, County School Superintendentof Eastland County~,requesting an opinion from this department as to the above stated question, From a letter written by'&. Smith, in reply to a request by us for further information,the following facts appear: 1. The Eastland County Vooational School for G.I.'s was organtied to help meet the needs of'returning veterans in adjusting %enmtlves to eivilian'li~eby providing vooational training for %ueh veterans, The school was sponsored by the Board of School Trustees of Eastland County, who arersaponaible to the State Board&r Vocational Training for the efficient management and operation of the school. The said trustees have appointed a supervisoryboard, and have delegated to suah board authority for the hiring of teachersfirsuoh G.I. Vocational SoheM. 2. The Veterans Administrationof the Federal Govern- ment pays t&Ion fees to the said G.I. vocatibnal school for the veterans attending .?uchschool, said Sees being remitted monthlyby a U.S. Treasury vocher payable to the Eastland County,VocatlonalSchool for G.I.ls for the purpo8e of paying teachers' salaries and other operating expenses of said school. Ho state or county funds whatsoever are used tooperate the said sahool. 3. The Eastland Connty Vocational School for 0.1.'~ has no connectionwith the public school system of this State and, subject to the above stated facts, is a private school. In regard to the question at Issue, we quote from Mr. Smith's letter as follows: "There are full-time, capable teachers in the State Aid Schools of this,county who would be available to the vocational sahool on a part-time basis, as the classes In the vocational school are held at night, If they oan be 80 employed and the State Aid Sahools not be jeopardizedIn any manner. Wr. T.W. Trimble, page 2 -COPY- O-7258 “We would like to know'whetharor not we can give a full time teacher ln a State Aid school parttlme teachlng in th.e0.1. school and not jeopa.rdlzeor penalize in any manner the State Aid School." An examinationof Ch. 36i, Acts 1945, 49th Legislature (the Current School Aid Act) reveals that para.graph~ 4, Section 1, Art. 1 of said Act contains the following provision: 'NO school district will be eligible for any type of aid, except tuition aid under the provisions of this Act, which pays any salary above those specified in this Act from any State, local or Federal funds wh,et- soever except Federal f'undsused tCvsupp?.ementsalaries of Vocational agriculture,Home Economics and Trade and Industries teachers and funds from theBDera1 Lanhsm Act.' The above-quotedprovision, however, does not apply to the situationpresented in this opinion, since the payment of Federal funds for the salaries of the teachers ln the G.I. vocationalschool is not made through any school district,but la made directly from the U.S. Treasury to the 0.1. vocational ekhool (such school, as hereinabove stated, having no connectlon,wlthfheState pubilo school system). We find no other provisions In the School Aid,Aot which could be interpreted to deny equalizationaid to State Aid Schools when the teachers of such schools accept part-time employment In such G.I. Vocational School. ..,. ..;,, ,,~: statutory We have been unable to ,Slndany~constitutlonai'~'``r objection to the acceptancesof part-time teach+g ln a school such a,s the G.I. Vocational School by teachers who are at the same time regularly employed ln the public SChoOIS of the State Sections 33 'and40 of ,&Article 16 of the State Constitution are not applicable to the present sltuatlon, for the aceountlng'offiaers of'thegtate are not called upon to pay any !G+XPantlsi~thepurvlew'of &&ion 33 to the holders of either a pc&lon as public school teacher or as teacher ln the G.I. School, and,'as held in several prior opinions of this Department (0-3‘71,O-5087), a,public school teacher does not hold such an office of emolument In the purview of Section 40 as would prohibit his accepting a position as teacher in the 0.1. Schoolf nor do we find any lnconslstencyor lncompatlbllltybetween the duties involved in the two positions, You are therefore advised that your question 1s answered In the affirmative,vlzr that teachers employed~lnthe public schools of Eastland County may at the same time accept part-time employmentas teachers In the Es&land County Vocationalgchool for G.I.'s without penallzlng In any manner equalizationaid to the county public schools. Trusting that we have satisfactorilyanswered your question, we remain _ ... Mr. T.FI. 'Trlu~ble,page3 O-7258 Very truly yours, ATTORNEY ff-OF!CEXAS BY3 s,fW.N.Blanton, Jr. W.N. Blanton, Jr. Assistant WNE3:rt:wc APPROVEDOCT 18, 1946 e/ Harris Toler FIRSP ASSISTW A%=l’O= QlPNgllAL Approved Oplrd.onCommittee by s/U?IGChairmen