Texas Attorney General Opinion: M-466 Page: 8 of 10
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Hon. Frank C. Erwin, Page 8 (M-466)
student. Vidor v. Peacock, 145 S.W. 672, (Tex.Civ.App. 1912)
no writ; Texas Military College v. Taylor, 275 S.W. 1089,
(Tex.Civ.App. 1925) no writ; See also, S.M.U. v. Evans, 115
S.W.2d 622, 131 Tex. 333, (1938).
We are of the opinion that the prior approval being
an exercise of conferred discretionary power to the Board of
Regents, to the prior committee and to the faculty as provided by
statute,was conclusive in the absence of bad faith, or abuse
of discretion, or a finding of fraud or false representation.
14 Corpus Juris Secundum, Colleges and Universities, Section 8,
p. 1338; Edde v. Columbia University, 8 Misc 2d 795, 168 N.Y.S.2d
643, 1957 (affirmed 175 N.Y.S.2d 556; Foley v. Benedict 122
Tex. 193 55 S.W.2d 805, 86 A.L.R. 477 (1932).
The court in Foley v. Benedict supra stated:
"A student who is admitted to the
University receives the privilege of attending that
institution subject to the reasonable rules and
regulations promulgated by the board of regents
and existing at the time of his entrance into
the school. The educational facilities of state-
supported institutions of higher learning are at
the disposal of the average student engaged in a
particular field of study, and a standard of
excellence which the average student in a particu-
lar field of study is able to satisfy is not an
unreasonable regulation. It follows that a student
who is unable to maintain and meet the standard
of proficiency required is not entitled to continue
to attend a state-supported institution, provided
the standard required is not unreasonable and
arbitrary. A rule which refuses readmission to a
student who has failed to meet a standard of pro-
ficiency which the average student in the parti-
cular field of study is able to satisfy, is not
unreasonable, where the facilities of the school
are inadequate to accommodate all who are eligible
to apply therefor."
The Court concluded:
"The Legislature of this state having
lodged the power with the board of regents to- 2320 -
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-466, text, September 11, 1969; (https://texashistory.unt.edu/ark:/67531/metapth269690/m1/8/?rotate=90: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.