Untitled Texas Attorney General Opinion

R-94

Oplp’ICE OF

TRE ATTORNEYGENE- TEXAS AUS'~PIN, UCE DANIEL rmlnlzv GENEW Feb. 25, 1947

Hon. W. E. Lowry;, Executive Director State Bo.ard of Vocational Education, P. .G. Drawer BB, Uapitol Station Austin, Texas Opinion No. V-51

Re: CountyBoard of School Trustees, authority of to sponsor and administer a vosational educational pro- gram in cooperation with the State Board for Voca- tional Education and the Veterans’ Administration.

Dear Sir: : ? We refer to your letter of recent date wherein you request an opinion from this Department on the following subject and ques- tfon, from.which’we quote:

“The State Board for Vocational Education is now furnishing supervision on a State-wide level to some 186 county units of Vocational Schools set up and oper- ated by the County Sshool Boards in these counties. These schools are for the returning servicemen of World War II. They were established on the presump- tion that the County School Boards have authority to operate them in compliance~ with the powers given these County School Boards in the Public School Laws of Texas,, Article 2683. Each of these county units operates multiple units within the county and, in al! cases, such operation has the assistance and coopera- tion of the ,other school districts within thencounty,

“The State Board for Vocational Education entered into this program as a result of the State-wide need for such a service, and as a result of an opinion of the Attorney General’s office written on ,the 13th of May, 1946, and carrying the serial number O-6867. The pro- gram has prospered and grown in size and in quality, and the enrollment at present. represents some 10,000 veterans. Y

Opinion N&y+1 Hon. W. E. ,Lowry, Page 3 Opinion No. V-51

Article 2683 provides in part as follows:

“The county school trustees of each county shall. constitute a body corporate, by the name of the County School’Trustees of. County, State of Texas, and-in that name may acquire and hold real and per- ,nonal property, sue. and .be .sued, and may receive.be- quests.and donations%r’othhi*monies or funds coming. legally ~‘mtotheir hhads, a&may perform other acts, for the promotion of education in the county. The title i to . . . any school property ,that may be acquired, shall vest fin tlie~‘kountykchool’trustees and their succetisors in officefor,public f&e shhool;purposes.* I !<li.. I ., ._ ,.. I ‘,,,‘Fhe ‘status of the co&&y school trustees is new to.Texas jurisprudenke. ~It’apparently~niore~nearly approximates that of county &niirissioners’tban any’other Texas office., ,S.uch a Board is a’-h&@drik :bbbdy? ‘~~rt;,268~~~~.A;CCS.; ,Board of School,TrustL .~,:eesof ‘Lublx%Xvs.~Wz$odrow I.S.Dii- 90 S: W.;~.(2d)333; countjr: Y’ .. c ‘SkhdolT~rustees -of ‘the’CommonSchool District, ,1925. :W; .(2d~.891. ‘Article’2681 vests~%vi~them ~certahn.dutfese:th&etofortipe~fo,rqiid by the Commissionersl: Court. Chapter 11 of Ti~e~.49,;:R;S.,~,l92~;:and amendments (V.A.C.S.;Art. 2676, et eeq.) vests this B0ar.d with practically ,unbridled autho’i?itjr;.~~~$;~‘~~:.public free’schdols .of the. . c~ounty. Some oft its duties are quasi-judicial ,m character. Davis ., vs. Bemphill;:243’S; W$$91. See~also:,’ Doni;iel I;S,DI;Ls.‘Freestone .Consolidated:‘itc’~,‘;l27~S.‘W.’:(2d)~ 205:‘~ibbon’vs. Couch,~,l53 .S. W. (2d),, 2.+jj:~*:‘: -*-f;. ;,-,, ::.z< T~..~! ::~‘. . : .’ _. , .~ ill zp: i ? r~,;,.,:.. .,.. Ar.$icle,i26@ pSp’*des that besiddes the subj*.ets,:prescribed by ~l<w’to be-taught in.tf;e public sc,h&ls- of ‘Texas, .sukh additional subjects as agriculturd;.~anual~traixiing~;-domestic economy~br others vocational .branche’s’ shall be included in the course qf study in 611 hlgh&iools~ p%&id:ed for herein which are located outside of incorppra~~d~to)wns.o’r~,Siti~s, and ‘that special attention shall be given-to. the~~teaching.~&such subjects. Thus is indicated’the ex- pressed. desire land intent of the Legislature of this State that voca- tional~*ducation be.provfded and be given special attention by the ~*edu&tidnal adininiitrat&e.~agencies created by the Legislature. .. - Under the various ‘provisions of the. statutes above en&n- erated the County Boardsof School Trustees are under ‘the-duty’%f maintaining, and establishing for their county the mos,t efficient school .system for the general diffusion of knowledge in the cowty. This is the mandate of the Constitution of the State of Texas. In order to effectuate this~ higtipurpbse, said Board has the discretion to exercise wy pow+‘+., relating to the school system of such county. not prohibited.by’law, ‘whi+~it~.believes will accomplish this result. Article 2683 chargekthe countyschool trustees with the manage- ment~of the ,affairs .of their districts and the protection of their best interest. Henderson vs. Miller, 286 S. W. (2d) 501; County Board vs.

Hon:W. E. Lowry, Page 4 Opinion No. V-51 /

Bullock Common School District: ~37 S. W. (2d) 829;‘Cowan vs. Clay County Board of Education, .4l.S. W,: (2d) 515. :’ The express pow.er ‘given to the County Board’ of Trustees by the Constitution and laws.of..this .State$o do the things ,specified therein, necessarily inciudes,the right and power to dot,the inci- dental things reasonably proper audnecess,ary.to accomplish.the ’ end and purpose sought .thertin. City of DaJlas: vp. Mosely, 286 S.W. 497, affirmed,in 17 .S...W1 (Zd) ,36.,1 ail,.:. zI .: ,.,,, ‘2( 1 ., i( 1; . ~. ,. It is the, opinion:of thfs.&ffict .&at the’ &&Board of School Trustees has,the diecretion.and requisite.autho,rity to spon- ‘sor and administer the schools designed and contemplated for the vocational tducation:of World W.ar.;Vettrans under ,the ,g+anct and directionof the StateBoard .of -Vocational Education acting in assist- ince~d cboperation:with!thelVttersns’:,Admiaist,~ation, which fit nanoes~thiseommendablt +ducational.,plan.~ ;We.be,l.ieve that the ;ci sponsoring’and:‘admmistration of :$his vocational educational pro-: i. grani?ti within .tht leg~;discr.etionary~,powsrs :of :said,Clounty Boa+ tif:S+oblTrusttes~;~ when.itt,is installed or ,orga&ed, for this, lawful j ,dnd .xi+arthy purpose; ‘: :, .: ;: ,.,.:,~

_,~, /~.v_ i is of School Trustees.‘.have theltnal :,’ .discretionary. aui&o.rity;to; ‘sponsor and,admidi&tr ;schgols OrganiZtd by the State Board for Vocational’Education in i cooperation with the Veterans’ Administration for the pur- ::, poseof providing~-~ocational.e.ducstional tr,aiping.for World %WarI veterans.li Arts, ,i$@$, 23.81 .and ,.< 2683 ,.. *.Y,A&S.; ,, :,, Art. -VII~Sec.,l. Conrjitution!ptTexas.r,- _, _~,. ,~,. ,’: .,.,>C~J~ ;, .,‘~~ :j,a, I.i~ ‘.. :. d,,,, I .;# jJ,., ,:_y..:.- +; .~ I ., WY trulr ycys * ‘: !