Untitled Texas Attorney General Opinion

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The Attorney (General of Texas
Deceuber 28. 1984
d MAllOX
..iorney General
)r.n cowl Sulldlnq Nr. George U. NcNlel Opinion No. JX-276
3.0. Boxens State Auditor
~Ullhl.lx. 1871%2549 P. 0. Box 12067 RLX: Whether the tuition charges
w752501 Austin, Texas 78711 listed in section 54.051(k) of
ex 9lwS74.1#7
‘alecopier 51214750299
the Education Code apply to
vocational/technical course*
taken on the baais of contract
hours
Dear Xr. Mcliel:
IS24AlbWtS A”.., Suite I(10 You have requested our opinion about the proper tuition to be
il Pana TX. 7990S.2793 charged to students enrolled in nursing programs at junior colleges.
i1s3534s4 Specifically, you asl: for answer* to the follovfng questions:
‘1v, irxss. suttr 700 1. Doe11 the $50 per semester rate established
.uston. TX. 77902.311
I by section 54.051(k) of the Education Code apply
.Y223sSS9 to students enrolled in an associate nursing
degree prollram at a junior college? If ao. is the
$50 rate 41 minimum, or must the junior college
9 Srosdway. Suite 312
i.lbbock. TX. 79401.3479 charge exactly $50 per semester?
8oY747.523a
2. Doe!3 the $50 per semester rste established
by section 54.051(k) of the Education Code apply
a29 N. Tenth. Suite S
McAllm. 7x. 78501.105
to studen!:s enrolled in a licensed vocational
“2lSS2-4Y7 nursing degree program at a junior college? If
so, is the $50 rate a minimum. or must the junior
college cbwge exactly $50 per semester?
2m Main Plaza. Suite 400
“\n Antonio. 7X. 782052797
3. Does the fact that nursing courses are
1212254191
taught on a. quarter basis rather than a semester
length bap:Ls have any impact on the required
a.1Equal OpportunityI tuftion w:es addressed in questions 1 and 2
IflrmstlvaAction Employer above?
We will turn our attention first to your questions 1 and 2, which
may be answered together. Section 54.051(k) of the Texas Education
Code reads as follows:
Mr. George U. HcNial - Page 2 (.M-276)
Tuition for students registered in a school of
nursing ae a nursing atudent is S50 per smarter
and per 12-ueek surm``r seasion.
Attorney General Opinion M-940 (1971) defined “school of nursing” ss
any course of study in nursing ,receiving accreditation from the Bosrd
of Nurse Examiners or the :3oard of Vocational Nurse Examiners.
Therefore. if an associate nursing degree program; or a vocational
nursing degree program. at a jcoior college has received lccredltatfon
from the appropriate board, the program is s “school of nursing” for
the purposes of section 54.051tIk) of the Education Code.
Chapter 54 of the Education Code, o f which section 54.051(k) Is a
part, provides for tuition and fees at state Institutions of higher
education. The chapter, hwevec, applies to junior colleges “only to
the extent provided by Sectl,n 130.003(b) , . .” of the Education
Code. Educ . Code 554.002. Section 130.003(b) lists eligibility
requirements for state supplemental funding of public junior colleges
and reads in part as follws:
(b) To be ellgi~le for and to receive a pro-
portionate share of the appropriation. a public
junior college must:
. . . .
(4) collect, from each full-time snd part-time
student enrolled, mz&riculation and other session
fees in the amounts required snd provided by law
for other stste-supported institutions of higher
education. . . .
This office has interpreted section 130.003(b) as making “those
portions of Chapter 54 pertaining to tuition . . . for other
institutions of higher edul:ation [applicable] to public junior
colleges ,” regardless of whether a particular junior college program
ts academic or vocational. Attorney Cenersl Opinion M-1129 (1972).
The important distinction for tuition purposes is not whether s
course is academic or vocatiollal. but vhether the course is taken for
college credit. As stated in en earlier opinion from this office:
We conclude . . , that any course, whether
academic or vocational. offered for credit in s
public junior coXl~:~e wishing to participate in
state funding most be offered on a tuition basis.
By necessary implication. no tuition is required
for non-credit courises.
Mr. George U. HcNiel - Page 3 m[.lH-276)
?or this reason, a strict lcatiemic-vocational dichotomy is especially
inadequate vhen usmining nursing prograu.
We therefore conclude, PII response to your first two questiona,
that the SSO tuition charge iri section 54.051(k) of the Mucatlon Code
spplies both to properly accrltdited associate nursing degree programs
and to properly accredited vocrtional nursing degree programs offered
for credit st public junior colleges vhich receive state supplemental
funding. The $50 tuition charge is not a minimum; it ie e fixed
charge which must be sssessad try a junior college.
In your third question, you ask whether the fact that some
nursing courses are taught 011 a quarter basis has any impact on the
tuition rate required by sec:tion 54.051(k). You have not supplied
information regarding a p,%:cticular program, and vithout such
Information we cannot adequstc!:ly address this issue.
The S50 tuition charge in section 54.051(k) of
the Education Code spplies to properly sccredited
associate nursing dagree programs a* well as to
properly accredited vocational nursing degree
programs, if they ace offered for credit at public
junior colleges which receive state supplemental
funding. The $50 tA~Ltion charge is a fixed charge
rather than a minimum.
JIU MATTOX
Attorney General of Texas
TOMGREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
RICK GILPIN
Cbsirman, Opinion Committee
Prepared by Rick Gilpin
Assistsnt Attorney Ganeral
D. 1227
Hr. George Ii. McNiel - Pale 4 (3~476)
APPROVED:
OPINIONCOk@IITTEE
Rick Gilpin, Chairman
Jon Bible
Colin Carl
Susan Carrieon
Jfm Wellinger
Jennifer Riggs
Nancy Sutton