Texas Attorney General Opinion: C-548 Page: 4 of 6
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Mr. J. W. Edgar, page 4 (C-548 )
1959, and for each of the five succeeding fiscal years,
and $10 million for the fiscal year ending June 30,
1965, and for each of the three succeeding fiscal years, for pay-
ments to state education agencies for the expansion or improvement
of supervisory or related services in public elementary and second-
ary schools in the fields of science, mathematics, history, civics,
geography, modern foreign languages, English, and reading and for
the administration of the State plan.
As announced in Attorney General's Opinion No. WW-868,
dated June 28, 1960, one of the criteria for determining eligibil-
ity for financial assistance under the National Defense Act of
1958 is whether a school is a part of the public elementary and/or
secondary school program of a State.
Section 403(g), Title 20, USCA, contains the following
definition:
"The term 'elementary school' means a school
which provides elementary education, as determined
under state law or, if such school is not in any
State, as determined by the Commissioner."
Section 403(h), Title 20, USCA, contains this defini-
tion:
"The term 'secondary school' means a school
which provides secondary education, as determined
under state law or, if such school is not in any
State, as determined by the Commissioner, except
that it does not include any education provided
beyond grade 12 . . ."
In determining whether Texas Public Junior Colleges were
eligible for assistance under Title III of the National Defense
Act of 1958, this office said in Opinion No. ww-868:
". .. the Texas Public Junior Colleges are
governed, administered and controlled by the Board
of Education of the Independent School Districts
or Junior College Districts of the particular dis-
trict in which each is located and all such dis-
tricts are under the general control of the Cen-
tral Education Agency as stated in Article 2654-I,
Vernon's Civil Statutes. Under Article 2815h, Vern-
on's Civil Statutes, the Junior College Districts are
given power to issue bonds, levy taxes to service
same, and levy and collect taxes for their support
and maintenance. Therefore, Junior Colleges of
Texas are an integral part of the local public
school system, and, as such, are a part of the-2635-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: C-548, text, November 16, 1965; (https://texashistory.unt.edu/ark:/67531/metapth268967/m1/4/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.