Untitled Texas Attorney General Opinion ( 1949 )

May 5, 1949.
Hon.‘Q:~C.‘M~rls, chairman
Joint LeglsSative Advisory Committee
Austin, Texas
Opinion Bo. V-825.
_’
Re: The necessity for peach
vocational teacher to
meet the staiwlardsof
the State Board 6f Vo-
cational Rducatson't6
qualify for~dompensa-
tlon under the salary
aid law.
,DearSenator:
i We quote from yo& recent letter as follows:
."TheJMnt Legislative Commltt;6e has,had
uxider'f3onsideratlon
Attorney General's Opin-
ion X0. V-674, dealing ilth the status of Vo-
catlbnal Agricultkre,Vocationi3~~Home RcOnom-
lcs and Trades.'and.Indtistry
teachers. We be-.'
Zleve that we are.ln complete agreement with
this oplnlon except one pointwhich needs
clarlflc&tlonln'our minds. In view of this
fact, I am subml$Mng to you this additional
question with reference to said opinion. In
order for a VocatloxialHome Economics teacher
to qualify for compensationfor a twelve
monthq period, Is lt~necessarg'thateach ln-
dlvldual tea&e? meet the standards and re-
quirements set out by the State Board of'Voca-
tlonal:Rducatlon?"
By statute, the Department of R&cation ls.em-
Powered to Issue "certlflcates~.authorlxlngthe holders
to teach the special subjects of agriculture,domestic-
art . . . industrial training" where the teachetihas met
the requirementsthereof. Art. 2889, V.C.S., paragraphs
4, 5, 6. 8 and 9. Under this law any person desiring to
Eon. 0. C. MorrIS, Page 2 (v-825)
teach any of the designated special subjects in the
Texas public free school system must hoId a teaoher cer-
tificate Issued by the Department of Education before
he may contract to teach hi.8special subject.
Under H. B/239,. Acts 1923, quoted In Opinion
V-674, wherein the State under the Federal Smith-Hughes
Act authorized Its public schools to secure the bene-
fits of Federal appropriationsfor vocational education
by compl.lancewlth standards and quallflcdtlonsln a
state plan bearing the approval of the State Board fcir
Vocational Education, a person desiring to teach voca-
tional subjects in Texas public schools which receive
beneilts under."theSmith-Hugheslaw must acquire an ad-
ditional certificate,commonly known as the Smith Hughes
certificate. Such.a certificateshows ,thathe has met
the qualificationsand standards prescribed for's voca-
tional teach& covered In the aforementionedplan. Sec.
5, H. B. 239.
Consonant with such laws, we find ln accredl-
tatlon standards and regulations of the Department of
Bducatlop, Bulletin 476, clt?d in V-674, and ln its lat-
est Bulletin 491, the followlngr~-~
"A certificateof Approval for Hom&ak-
lng Education issued by the HomemakingDe-
partment, State Bijardfor VocationalEduca-
tlon, Austin, Texas,~ls required if the
schbol e%uects to receive 'pelmbura from
vocational fuud8." (Underscorlngours.)
The @rovlslons~l.xi
Ii.B. 295, Acts 1947, deal-
ing with the salary of vocatlonal,~homeeconomics teach-
ers do not conflictwlth these laws governing their
certlflcatlon. In the first paragraph of Se&Ion 2 of
Article III, H. B..295, we read:
"The base pay for . . . Vocational Home
EconomQis . . . teachers shall be One Hundred
and Twenty-fourDollars ($124.00)p&r month,
f& twelve (12) months In both accredited and
unaccreditedschools." (Emphasis0~s.)
,Inthe last paragraph of same Section 2, we
find:
Hon. 0. C. Morris, Page 3'(V-825)~ ,~.-:
.- "99~1ainiisal.~
sax- of ~. .I:;Vi$Oational
‘Hom~~EcoimsUc8~teabhers’ '.'.m&~be the
monthly balarf’as~ dM$&&ed.by:sch&dule
stated herein multlplled b$ ttitilv& ,(12). . .
Salaries of . . . vocational teachers'may
be& p July first rat&e~,tha&~p~mb~~
.
ThLs'Offlce In Its OplnlciiV&'4 advised that
the vocational te&her provlsloixsin'& B. 295 are not
llmlted tti'vocatlonal teachers,trhi'merealizing r&m-'
bureements or benefits under tha:Federal Smith-Hughes
Act, but that same applies also,to yotiatlonal teachers
who are pard .whollyfromState~an&local.fuuds.
'.'.~
'Based.~ on the statutea consldsredand the don-
plusIons rea&ed'ln V-674,-it'.ls~o~~.op~onthat a vo-
cational. ,hoiae economics teacher tebchbg IB a sChoo1~
receiving ald under the Smith-HughesAct, to,qualify
for compensationfor a twelve month~lsperiod, must meet
the st&ndarda~ and.requlremenU ~S&t.oUtby the State
BosFd for VocstXonal EdtictitSoni,.'Sec,;3 oftH. B.~542.;
Actb 1947, 50th Legislature. __
However, as to a voc.atlonal
home economics
teacher teachln&ln a school'no%;axi
appll@nt for aid
under the Smith-HughesAct'but.'whcisactually engaged
in~teachingthis work twelv~~mont,hs,.ths~laws do'not-
require that such teacher&ieet.the'standards,andre-
qulremexitsset out bs the State Bd&rd.f~r.Vocatlon~LBd-
ucatlon. Art. 2889, V.C.S.; Sec. 2 of Art..III, H. B..
295, Acts 19473 Opinion V-674. Howeve@, In connection
aith this matter,.we quote'~
from.v-674 as follows:
"purtliep,we aresa@rised that those
schools desiring to offer'vocation courses
but not desiring to apply'for the benefits
under the Federal subsidisedprogram are
advised by.the Department of Education to
employ only such vocational teachers as
have been.certifiedby the State Board of.
Vodatlonal Education as meeting the stand-
ards and quallflcatlonsrequired of teach-
ers functioningunder the Federal subsl-
dlzed vocational program;
- .
Hon. a. C. Morrls,~Page4 (v-825)
"Departmentcf EducationalBulletin No.
476, pages 99 to 105 inclusive,
1946-47,
wherein are published departmentalrules and
regulatlons.governlngacaredltatlonof the
public free schools of Texas, reveals that
vocational programs offered'lnsaid sahOols
to be recognized for accreditationor afflli-
ation purposes should be organized In acaord-
ante wlth requirementsof the State plans for
vocational eduaatlon and merit the approval
of the State Board for VocationalEducation.
%l!heserules evidence a cooperationln-
tent on the part OS the Departplentof Educa-
tion to require a vocational educationalpro-
gram In Texas which meets the test of the
State Plan~approvedby the State Board and
the Federal Government.'
Uhzitwe have said applies only to contracts
entered prior to enactment of Senate Bill 19, 51st Leg-
lslature,whlah contains an amendmentto Section 2 of
Article III of B. B. 295, 50th Legislature,changing
the present law as to ba&e,pay for vocational teachers
by adding the followingwords: "providedthe proposed
plan for such twelve (12),months'pro&ms have been
approved lndlvldually+d ln advance by the State Board
for Vocational Education," etc. In Opinion v-784, we
advised that this change In teacher salary schedules
cannot be given a retroactiveeffect In such a manner
as to destroy any presently existing contractualrights
of the teachers concerned,but It will of course apply
to future contracts. Sec. 16 of Art. I. Tex. Cohst.;
Federal Crude 011 Co. v. Yount-Lee011 to., 122 Tex.-21,'
. . 5b (1932); A. Q. Opinion V-674.
A vocational home eaonon&asteacher
teaching In a school-notreceiving aid under
the Smith-HughesAct, who is actually en-
gaged In teachlaigthis work~twelvemonths,
Is not required to meet the standards and
requirements set 'outby~the State Board for
. ”
~0% Q- C. M~rrls, Page 5 (v-825)
Vocatlonai Bduaakon. Arty.2889 V.C.S *
Sec. 2 Of Art. I of I$.B.-295, A&s 194:; /
A. Q. Opinion v-674.
Yours very truly,
ATTORHEYQEllgRALOFTEXBS
Chester E. Olllson
CEO:bh Assistant
.