Untitled Texas Attorney General Opinion ( 1948 )

,~ y6n*:~ ,L, &, Q&&*’ ‘~
Opinion-No* V-674 '~. .'
'tat0 Superintendent ‘.’
)S Education Re: Appllcabll~ty of the
base pay PequlPements
of Se,ea'2 of'kbicle
1II;~H. B, ~295,-,'gOth
Legislaturep 'ta;voca-
tional teacheP,$k::
of recent dste ftiom
~., fi
pay POP Vooational Agri-
"~~~WQ'l!-i&'b&&
cdlti&; i ~&&$&al Home',Ec~olPics ,' and ~'
~d$e~',anQ.Siid~~tries Teachers shall be ':
"~ One Hunapea'and Twenty-POW Dollars ($124.-
00) her month P&P twelve (12) months in
both~accreaitea ana unaccredited schools
a a ."
?lke State Dkpartment of Education
has late~p~etecl this to apply both to
teachers who receive Federal subsidies,
ana teacbePs,who do not Peceive Feaeral
sub$iaiea,
"'Ous InteiPpretatlon of' the wopa qvo-
catdonalD has been challengea ana we are
ir$+ag'y?~ opinion as to whether the word
{A
Wo'dtfon.$I9" as'used In'H; B, 295, enact-
ed :~:tb~'~qeh,~egi$letpape, applies only
tQ.pe&&s
&&$y; iiho:+,+e
:. I rxp,iv+g Federal sub-
"!~'i iRidtl&i $680, V. 0, So, proviaes.that besides
the subjkts pP&$&ibpd by law to be taught in the pub-
lic gcl$hls~ o~'T~x~s,,spch,aaaitional subjects as api-
culture~i~M&nti'&itraliilhg; domestic economy OP other vo-
sha. t. A. WQOUS;page 2 (v,(i74)
oatlonal branches shall be lnoludea in the course of
RtUdy in all high schools provided hrraln and that sPe-
clal attention shall be given to the teaching of such
subjests. Thus is indioated Ohe a prosmed &a&s a
iatrsa4 of the Legisxature of Ohsa x t&e that v@cat&*n-
al educatton be provided and be given rpeolat atted-
tlon by the educational adimlnibtratlvs agencies oreatid
by the Legislature.
In 1917, Congress passed an Act, coppmnl~ oak.l-
ad t&s “Sath-Hughee Act?, the purpose o,Z whi& wa41to
@frrovlde for the promotion of vocational eaucat%on in co-
operation with the States la the Pf&+%s of a rilaul?+r%,
home e~onomlcta, trades and lnduatvles. Pub&c
f Law Be.
347, 164tb Cctng~ess, approve8 Peb. 23, lga7. ZWs Act
appropriates certain aumI of money, upan ooadltions
there&n stated, for the purpoar of oaoperatipg wiQh t;he
Stat&r w&&ohaccept the benefit8 of t&e Aat in pnyiw
the malariss of teaohers, tauperv~tboms, and d&Postorr of
aploki%~tural subjects an@ beaohern (Pf Wade, heme eoono-
mioa, and lndustrirl subjsete, and in paging expenses la-
ounrad in the training of teachera of suoh subjeots.
eduoatlon both In the fields rl-
ready a&dad and aleo In the field of dirtributdre ooeu-
pbtioRR.
Sectiond4 ati 5 OS H. br 23 Aotr 1923, 38ta
Lag. R.S., Chap.131, p. 271, where&n 8#oxa lose)tti the’
,provirion. of the Smith-Hughe Aot, #Z’ovlde:
nseO. 4. In order for aar m.ohooJ.to
EOQUVIthe benefits of the appropriation
for the purposes s)solfled in thlr hot,
lass eM12 be mubmlttrd to tRa Stata
%o&d of Vooatlonal Eduoatlon shewtng the
kinds of vocational eduoatlon for rhloh it
1s propo6rd to use the eald ap@sWp~iatlons;
the kind of sohool and equlpnent$ ooua’ae~
of studyi method@ of instructfen; qualifi-
qatlons of teaohers; plans for We rupe~vi-
- .
-..
Hod. L. A. Woods, page 3 (V-674)
slon and in the case of teacher-training ln-
stltutions plans for the training of teach-
lP8 a s providea in the Act Of Congress. It
shall be the duty of the State Boara o f Vo-
cational Education to thoroughly invsstl-
ate such applieetions fo p ala under this
f ct and to ~equirs fpon eaah school so ap-
plying for aid under this Act, & certificate
that such school meets substantially the P O-
quipements of the law before aia~ls gpantea.
Said board shall endeavor so far ae may be
practical, to encourage the development of
vocational education in the rural and small
town schools,
"Sec. 5. The State Board of Vocation-
al Education shall have authority to make
studies ana investigations relating to vo-
cational eduaation, to advise with the Fed-
oral board having in charge the dlroction
of this work, to prescribe quallficbtlons
for teachers, directors and supervisors
of the subjects fop which provision Is made
in this Act, and to proviae for the certl-
flcation of such teachers, directors and
supePvIsors, not to conflict with regula-
tions of the Federal board.’
This department has repeatedly held that the
State Board of Vocational Education is charged with the
duty and responsibility for the administration of the
said Federal-subsidized vocational education ppo ram,
the bonefits of which have been accepted by the 8 tate.
Opinions Has, O-5716, Q-4265, o-5630, Opinion Ro. 2905
in Report and Opinions of Attoxney General, Vol. 1932-
1934, page 409,
Any school in Texas, therefore, which desires
to secure the benefits of the Federal-subslaisea
voca-
tional ppogpam may, imdep R. B, 239, make application
to the State Board of Vocational Education and receive
same upon establishment of its qualifications therefor,
Under Section 1 of said H, B. 239, the good
faith of the State is pledged to make available through
approprlatlons for the several purposes of the Smith-
Hughes Act funds sufficient at least to equal the SLUSS
that may be allotted from time to time to this State
from the apppoprlatlons made by virtue of said Act of
HOD. L. A. WorQ$, papa 4 (v-674)
Congmss, and to meet the conclltlons neco88ary ts en-
tftls the State to the benefits af said Act of Congrws.
The State has made such appropriations since its accep-
tance of said Federal-subsidized vocational
Acta 1947, 50th Le Acts 1945,
S. B. ~320;Acts 19 H. Be 219;
47th Leg., 46th Leg.,
Aots 1937, Acts 1935, 44th Leg.,
H. B. 327; H. B. 167, page 470;
Acts 1932, pa e 697; Acts 1929,
418t Leg., pa c.s., Ii.B), 3, pate $19; Acts 1927, 40th
Le6., W, B, 2 QQ0 279. Acts 1925 39th Leg
S. B. ii; "$'i 549; A&s 1923, 38th Leg., $a C,S., I¶:'
B. 85, paie 2$8, "
The State's most recent appropriation in sup-
ort of the Federal-subsidized vocational. program is
Founa in H, B. 542, Acts 1947, 50th Legislature. Seo-
tions 2 and 3 of H. B. 542, provide:
nSQC. 2. The funds appropriated in
this Act shall be expended in acaordance
with all Federal laws and regulation8 gov-
srnlng vocational education, provSding
that In schools where equalfsation funds
are received, vocational agriculture, home
economics, trades and Industries and alS-
tributive education shall compgly with such
~a8ulatlons as set forth in the Equaliea-
tion Bill.
"sec. 3. Provldod that vocational
agPiculturop home economics, trades and
industries ana distributive education
teaohers may be paid for twelve (12)
months where the supoPintsnil@nt of the
school in which they are er)loya( ha8
certified to the State Board for Vooa-
tional Eaucation that such teacher is ac-
tually engaged in teaching this work twelve
(12) months.'
Ana Section 7 of sala Act, the emergency clause, ‘provido8:
"The fact that many schools in this
State are desirous Of having the Se?-
viaas of vooatlonal teacher8 mentioned
In this Act, and the further faat that
if the school8 receive such B0P'fio.S it
ha, L. A. Woods, pap 5 (V-674)
is absolutely nocoesaPg that this appo-
pirtkmn bo pa8se6, oPaat6 an emergency
. * e
It is that H. g. 239, B. B, 542, OP the
c1eap
other pri.0~Stateappropriation Acts in support of the
Foderal vocational program do not raqulre the TaXas fub-
110 Soheolr to aacept the benefits of the Federal voca-
timaal program. R, B. 542 ahowr tha appPopPiatlon is
made for those schools in this State whleh are daslrous
of having the s~~vl.ces of vocational teachwo mestiond
ia the Act and for those schoels which neatd tke sub,-
sldlzad aid In order to have a Vocational program,
Thors is no statuta of whicrh wo a r elp p r lso d
vhich veuld forbid or prohlb$t a sOhoo1 from preriding
it8 own vocational educational pz-ogram ad financing
satm out of its~ own sohoof. funds aad/o~ rural all fun&.
Article 2680, harsinabove uotad, auth&rizes auoh a PPO-
tpa% We find nothing in 8, B. 239, wherein the State
accepted the Federal subsidy, which would show that th?
State fopfaitea its Fight8 to foster VoCatiOnal adUCa-
tian in Texas along with and in addition to the Fodarar-
Stata cooprPatlVe plan of the Smith-Bughes Act.
Furthermore, the Stata in svery rural aId Act
*Iace ths acoeptance of the Smith-Hughes plan in 1923*
sepapate and apart fPom Its appPopriatlons to the Fed-
eral PogPam, has made specific PuPal aid pl”QVisionS to
lsairt PuPal aid schools in the development Of a voca-
tional educational program, and in none of these provl-
sions can there be found .ang expression oP intimation
an the part of the Legislature, that such VOCatIOnal
pupal aid assistance should go only to those schools
eonductin(l a vocational plao Pam undoP the Federal sub-
sidizrd plan. Acts 1g23* 3 8 th Leg.9 3Pd C.S., % Be 61,
SW, 6; Acts 1925, 39th Leg., 8. B. 408, Sece 7 and SW.
14; Aots,1927, 40th LogO, lot C.S., S. B, 7, Set, 7;
Acts 192g, 41st Leg., 2nd C,S,, H. B, 1, Sec. 7; Acts
1931, 42na Leg., s. B, 263, Set, 9; Acts 1933, 43rd Leg.,
H. B, 256, 13; Acts 1935, 44th Leg,, H. Be 327, Sec.
Sec.
13; Acts 1937, 45th Leg,, S. B. 185, Smcs. 13 ad 20, pp.
1264 and 1269; Acts 1939 46th Lo H. B, 933 Sec. 7;
Act.8 1941, 47th Leg., H 'B 284 &la 111 kc 2'
Aots 1943, 48th Leg., a," Bl 176: APtlcle 3, 4s~~ 6; &ix
1945, 49th ~sg,, s0 B, 167* Apt. I, Sec. 1, 4th PaPa,
Art. III, Sea, 2, 1st and 5th Pars.
Under Sections 2 ana 3 of He B0 542 (hePein-
374
Hon. L. A. Woods, page 6 (V-674)
above quoted) in those schools accepting equalization
funds under B. B. 295, 50th Leg., and accepting also the
benefits of the Federal-subsidized vocational program,
it is required that vocational agriculture, home econ-
omics, trade and industries education shall comply with
such regulations as are set forth in H. B. 295, 50th Leg.
The fourth paragraph of Section 1 of Article
I, B. B. 295, provides:
"No such 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 anv state. local, or Federal funds
whatsoeier, extent Federal funds used to
sunnlement salaries of Vocational Anricul-
ture. Home Economics and Trade and Indus-
tries teachers, and funds from the Federal
nham Act.'
In the first paragraph of Section 2 of Article
III, H. B. 295,~we find:
n
The base pay for Vocational
Agrlcuit&, Vocational Home Economics and
Trades and Industries, tdachers shal .be _
One Hundred and Twent -four Dollars t $124)
Der month for twelve 9 12) months In both
&credited and unaccredited schools.-?
phasis ours)
In the last paragraph of Section 2 of Article
III, II. B. 295, we read:
"The annual salary of . . . Vocatlon-
al Agriculture teachers Vocational Home
Economics teachers and +rades and Indus-
tries teachers may be the monthly salary
as determined by.schedule @ated herein
multiplied by twelve (12).
A careful reading of the pertinent provisions
In all the above designated Rural Aid Acts, including
H. B. 295, 20th Leg., pesever have been usednth~~o~~.
the words: Vocational Vocational subjects
tlonal teacher", "Agric$tural~teachers", "Voc~tlonal
Agrlculture,teachers", "Home Ecoffomics teachers', "Vo-
cational Home Economics teachers , will reveal that such
wo r d8
h sr boon
o l~plojed in th6lr trrer81, all-iqula8lro
sea80 to mm mad lnoludo all rosatleM1 toaahor8 ld '.
Fro ~8~ whether the taaehsm m popiru are qttl)ert-
ld r f F a do r fund8
a l w not, ho Loglrlatao ha8 ma ver
e%prl?881~ nor lnt8ntlonall~, 80 far 88.W8 8uL 48ktain,
poridod that the rurrl ai4 Frovlrira rfglieable to ve-
eatloal pepsma and/or rboatiaaml tu&*zc-saWrii8
should bo wnstmod fer tho rr828tiMle Wy M th88o
rchooE8 sad to8oMr who a8 l Feratl4 -or urd roco)t-
FGk honefit of th8 Fdwrl-rubmttirl vocrtloul
w
Fwthmbor*, wa c ¶o1 r.
l. 542, sew, tytrtturc,
r*cutloaaf ~leultwrl tewJh.rs, *068t&unD keklo*goa-
eda8 t*rQhorr, sad tmd88 and iadwtxu8 twokerr ti
state-aid di8trlotl,, who** ~rarrior ma 8awld$sqd w-
do]? the Fodorrl progrsm,‘srs oqwarty -do rubjeot to
tho reluy-rehedule aoVirion8 of tha Stbto-&%d frw,
jurt a8 ape e&l other vocitleaal toaeheF8 i.a Tsxa8 wh8
l 18 84 by 8 Qtateeaid 86hool distrlat. Artla18
iii&'%. h. 9 *
Furthor, we are sdrlred that th.80 rohoels dm-
rlria$ ta offa' vocational ceur8.8 but sot de8lrS.q te
rp#l~ for th8 bonefits under the Federal 8ubsldlted pro-
gram are ldvl88U b7 the Department of Wucatlem to em-
ploy onily euch vocational teacher8 as have been carti-
fled bj the State Board of Vocational Education as reat-
ing the standards and quallfiaatlo~a required of teach-
ora function14 under the Federal subsldlzod vocational
pograr.
Department of Education Bulletin
No. 476, X946-
47, pages 99 to 105 inclusive, wherein ~8 published do-
partm8ntal rules and regulation8 jovepnl4 accredltatisa
of tiq public free schools of Texa8, rsvsrls that voca-
tional programs offered In said sahools to be recognle-
ed f8r accreditation or affiliation purpos88 should be
organiced In rccordance with requirements of the Stat8
Flanr for vocational education and merit the approval of
the State Board for Vocational Education.
Those rules evltlanc8 a cooperative Intent on
the Fart of the Dopartrent of Education to require a
vrgatlonrl lduoatlonal program In Texas which meets the
tsrt of the State Plrn approved by the State Board and
the Fedora1 Oovmrnm8nt,
It Is reaaonablo to 886-8 tbit th8 Le&rlr-
. .
Hon. L. A. Woods, page 8 (v-674)
t2WO MS full kAOWl@dge Of them Z%iatOd fbOt8, M that
if it had intended that the voortlonal t y-
rahedule provisloni of the State-•ld law
should be applicable only to vocat%onrZ teaahors who>re-
ceiva Federal subsidies, it would hat6 eX$PeSSed 8Wh
IntentIon in clear, unmistakable larigu8gsrIn th8 l&ht
OS the lawa cited herein, wo can find no SUch 18glsla-
tlve Intent in H. 8. 295, 50th Le@elatuzlo.
The word mVoaational~ as used in %c-
tidh 2 of Artiole III, H. B, 295, 50th Lsg-
lslature, .is not lirited to those voo&tl&-
al teaahers who are receiving Fedora& Sub-
sidy QUADS, but applies al80 t0 teBChW8~
therein named who 8.m mid W~OQJ from Stits
and loch1 funds.
Yours very trul7,
AT~ORHEY (t]GHIRAL CF !I’-
motml