Attorney General Opinion WW-1321

April 25, 1962 Mr. W. W. Jackson Ch&rman- State Board of Education Austin, Texas Onlnion No. WW-1321 Re: Whether the State Board of Education has the authority to establish and pay salary supple- mentations from certain special funds to personnel In positions not classified under the provisions of H. B. 189, Acts of the 57th Legislature. Dear Mr. Jackson: You have requested an opinion from this office upon the question of: 11 . a . does the State Board of Education have the authority to establish and pay a supple- mentation to the salaries of the Commissloner of Education, Deputy Commissioner of Education and certain of the Assistant Commissioners of Education from Federal Funds received by the State Eoard of Education under the Vocational Education Act of 1946, Public flaw 586, 79th Congress, and the National Defense Education Act, Public Law 85- 864, Titles III, V, and X when the contract under which each of these funds are paid to the State Board of Education specifically provide for the supplementation of salaries?" House Bill 468, Acts of the 57th Legislature, Regular Session, 1961, Chapter 468, page 1052, codified as Article 2654- 3b, Vernon's Civil Statutes, provides in Section 5 thereof that: "The State Board of Education shall be respon- sible for maintaining State programs and activities designed to bring about Improvement in the public schools. In discharging this responsibility, the Board Is authorized to enter into contracts for arants from both aublic and urlvate organizations and to expend such funds for-the and in accordance with the terms with the contracting agency." (ti Senate Bill 1, Acts of tne 5'7th J,egislatlAre, First Callei; Session, 1961, the General Appropriations Bil.1, provides in Article IV In the departmental appropriation to the Central ‘:i!ucation Agellcy that: “The proper officer or o!Yi’icers of the Central Li;I.icatior1 Agency are hereby authorized, to make ap- plication for and accept any other gifts, grants or allotments from the United States Goveri.ment or other sources to be used on coogerat%ve and other projects and programs 1n Texas. Ar;y such Federal and other funds as may 'be depositel, In the State Treasury are hereby appropriated to the specif’ic nuruoses authorized bs the Federal Government and bther contracting organizations , grrtlie Ztate Board of klucation is authorized to exznd the,;e f'ur!ds in accordance with the terms of the cont:zct with the contracting agent.‘” (Emphas!.s am Your letter states that contracts with the Federal Government which govern the expenditure of Federal funds in r:L:ch areas as Vocational Education, Guidance and Testing, Im- proving Instruction in Mathematics, Science and Modern Ianguages and for the Improvement of Statistical Services contain specific provisions for the payment of supplementations to salaries in i;uch amounts as are authorized by the State Board o~i' Education. Illustrative of this point is the provision in the contract between the TJnited States Government and the Texas Central Kduca- tion Agency pertaining to the State Plan for the Strengthening oi Instruction In Science, Mathematics and Foreign ,!anguages nnrsuant to the National Defense Education Act, Pubi~ic J,aw ,?5- 204, Sections 301-304, Title III, 85th Congress, wh’!,o!? proYtl!es that : "2.9 Identifying and Prorating Expenses Salary payments and the supplementation ci' salaries will be in such amounts a,s are de+;eK-?ned by the State Board of Education. . . .II (E~phasi:; added] In view.of the provisions of Section 5 of' Article 26sh-3b and Senate Bill 1, we are of the opinion that the Leg- islature intended for the funds received by the Central Xucaticn .o Agency, L rom such sou'rces as public or ;Jr,tvate orgarr?zation::, to be expended in the manner and for the reasons set i'o,rtlq ifi the contracts entered into between the Central. Educa~t<.on !&;ehcy and t,he public or private OrganiZatiOn granting slJ?h f”~n!i.i:. :/her. such contracts have provisions allowing the :unds to be uc~ I . _-- -- Mr. W. W. Jackson, page 3 (WW-1321) for the supplementation of salaries, such as In the previous illustration, we are of the opinion that the State Board of Education is authorized to use the granted funds for the supplementation of salaries. Supplementation of salaries under similar condltlons has been O-3879 u held by this office In Attorney General Opinion No, (19 E l), pertaining to the Department of Public Welfare, and Attorney General Opinion No. O-6735 (1945!, pertaining to the State Commisslon for the,Blind. SUMMARY Pursuant to Article 2654-3b and Senate Bill 1, supplementation of salaries from funds granted to the Central Education Agency from public and private organizations is autkorlzed when the con- tracts between the Central Education Agency and the public or private organizations granting such funds provide that such funds may be used for supplementation of salaries. Yours very truly, WILL WILSON ,Attorney -General of Texas PB:wb:mkh APPROVED: OPINION COMMITTEE J. C. Davis, Chairman Jay Howell W. 0. Shultz Charles Lit-id John Hofmann By: Pat Bailey Assistant REVIEWED FOR THE ATTORNEY GENERAL BY: Houghton Brownlee, Jr.