Texas Attorney General Opinion: O-1676 Page: 4 of 5
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Honorable L. A. Woods, Page 4
the Supreme Court-of Alabama in the-case of State Tax Commis-
sion v. County Board of Education of Jefferson County, 179
Southern 197,
"Operation of adult schools is holly
statutory and not within the system of pub-
lic schools defined in Section 260 of the
Constitution."
By way of analogy, our Constitution and Statutes, in setting up
the public free school system and allowing the collection of
a local maintenance tax for said public free schools, contem-
plate that the benefits of said public free school system
should inure to students of public school age as defined by
the Legislature in Article 2902, supra.
In this connection your attention is called to Ar-
tile 2904 of the Revised Civil Statutes, which reads as fol-
lows:
""The trustees of schools shall have
the power to admit pupils over and under
scholastic age, either in or out of the
district, on such terms as they may deem
proper and just; provided, -that in admit-
tin pupils over and under the scholastic
age, the school shall not- be overcrowded
to the neglect and injury of pupils with-
in the scholastic age. They may suspend
from the privileges of schools any pupil
found guilty of incorrigible conduct, but
such suspension shall not extend beyond
the current term of the school."
It is the opinion-of this Department that the above
uoted Article looks to the allowing of pupils over and under
Scholastic age on such terms as the trustees of the school may
deem proper to classes regularly conducted for pupils of schol-
astic age as a part of the public free school system. Nowhere
does this Article authorize the trustees to establish and main-
taWin classes for persons over twenty-one years of age. Certaily
it does not give the trustees authority to spend money from the
local maintenance fund tr the establishment of such adult classes,While it cannot be denied that the establishment of
adult classes is a worthwhile project, this Department fails to
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-1676, text, November 13, 1939; (https://texashistory.unt.edu/ark:/67531/metapth258867/m1/4/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.