Legal definition of "educational institution"

[ScottDLS]

Yes. It's a zoo, city park, daycare center, or anywhere else where "THE CHILDREN (anyone under 26)" are present.

Why would anyone guns around "THE CHILDREN"?

[WildBill]

Yes. It's a zoo, city park, daycare center, or anywhere else where "THE CHILDREN (anyone under 26)" are present.

Why would anyone guns around "THE CHILDREN"?

I was 22 years old when I graduated from college. Back then I never considered myself a children.
When I look back, my perception may have changed. a bit.

[ELB]

The Attorney General partially addressed this question in a Ruling Letter to the Elgin Independent School District. His letter does not provide a complete definition, since he was only trying to determine if a school administration building that has no students is an educational institution for the purposes of Section 46.03 (he determined it is), but his letter gives some references about the subject.

I think you can safely conclude that an independent school district is an "educational institution" for the purposes of open or concealed carry, but it's not certain that's all that qualifies.

The relevant section is this:

Section 46.03 of the Penal Code does not define school or educational
institution. In other contexts, Texas law defines "educational institution"' to include a school
district. El. TEX. GOV'T CODE § 552.114; Tex. Rev. Civ. Stat. Ann. art. 6228a-5, § 4(2); Tex.
Att'y Gen. Op. JC-03333 (2001) (opining that FERPA applies to student records at both the state
and local level because "educational agency or institution" includes any public or private agency
or institution that receives federal funding under an applicable education program, without regard
to whether it enrolls students"); Tex. Att'y Gen. Op. ORD 634 (1995) (assuming that Arlington
Independent School District is an educational institution as defined under the
Family Educational Rights and Privacy Act of 1974, Sec. 513, Pub. L. No. 93-380, 20 U.S.C. Sec.
1232g(a)(3) (1994)).

The entire letter is here: https://www.texasattorneygeneral.gov/fi ... n_Bldg.pdf

[srothstein]

Has there been any official-like clarification of what "educational institution" means in 46.03?

I understand the common sense definition would mean "school", however since 46.03 mentions "school OR educational institution", and not just "school", I would like a legal definition to be able to hang my hat on.

I just wanted to point out that this clause makes it very clear that an educational institution is not just a school. If it meant school, the phrase would mean a school or a school, which makes no sense.

By the same logic, it implies that schools are not educational institutions, which seems like a comment on the quality of our schools nowadays.

[WildBill]

Has there been any official-like clarification of what "educational institution" means in 46.03?

I understand the common sense definition would mean "school", however since 46.03 mentions "school OR educational institution", and not just "school", I would like a legal definition to be able to hang my hat on.

I just wanted to point out that this clause makes it very clear that an educational institution is not just a school. If it meant school, the phrase would mean a school or a school, which makes no sense.

By the same logic, it implies that schools are not educational institutions, which seems like a comment on the quality of our schools nowadays.

Maybe an education institution includes all of the associated support structures associated with a school, college or university.

In addition to classrooms this would include administrative buildings, dormitories, cafeterias etc.

[srothstein]

What are the chances of our legilators defining educational institution, if asked? Or is that path best to be avoided?

I think this may be one of those cases where you should be careful what you wish for or you might get it. As of right now, we have the AG's opinion, which includes support buildings for school districts. I would guess this could get reasonably expanded to universities, as Wildbill suggested, without too much trouble.

But if the legislators get involved, it could easily get expanded to include those commercial properties we do not think of as educational institutions normally. Remember, for example, that driving schools are registered/licensed with TEA. They could be included, as could real estate or barber schools, and even test prep centers.

We really need to be careful of how they define it. TSRA could get it through, probably, but it would take a lot of vigilance every session to keep it from being expanded much further than we want. As it is right now, the courts would be guided by the Code Construction Act, which says to interpret it how the general public uses the term.

[ITeach]

The Attorney General partially addressed this question in a Ruling Letter to the Elgin Independent School District. His letter does not provide a complete definition, since he was only trying to determine if a school administration building that has no students is an educational institution for the purposes of Section 46.03 (he determined it is), but his letter gives some references about the subject.

In addition to this letter I would refer to The Attorney General of Texas letter as of April 15, 1985 (https://www.texasattorneygeneral.gov/op ... 850427.pdf), which argues whether or not a police academy is an educational institution. What is more important, it provides several cases in which the meaning of "education" and "educational institution" is at issue:

Almost without exception these cases define "education" expansively. Girard School District v. Pittenger, F-= 392 A.2d 261, 264 Pa. 1978) ("education" is impartation or acquisition of knowledge, skill or discipline of character); Harbor Schools, Inc. v. Board of Appeals of Aaverhill, 366 N.E.2d 764, 767 (Mass. App. 1977) ("education" a broad, comprehensive term involving process of developing and training mental, moral, or physical powers and faculties). They also establish that in deciding whether an institution is an "educational institution" courts will ask, among other thinas. whether education is the primary function of the institution. See, e.g., LaManna v. Electrical Workers Local Union No. 474 of International Brotherhood of Electrical Workers, APL-CIO, 518 S.W.2d 348 (Term. 1974) (where union's educational services incidental, union not an "educational institution" entitled to property tax exemption); Melcancon v. State Board of Education, 195 So.2d 289 (La. 1967) ("educational institution," within meaning of state constitution, is permanent, state-controlled establishment located on state property and sustained by state appropriations to orovide education throueh staff of orofessionallv trained educators), : Birmingham Business College v. Whetstone, 82 So.2d 539 (Ala. 1955) (business college, which offered courses in business law, accounting and secretarial capacities, was "educational institution" within meaning of state constitution and laws)

Federal statute gives a broad definition, under which practically everything easily falls: "Any public or private preschool, elementary, or secondary school, or any institution of vocational, professional, or higher education". However, as usual, state statutes have slightly different approaches, usually more specific and narrow definitions https://definedas.com/legal/educational-institution

See also 20 U.S.C. 1001 on federal definitions https://www.gpo.gov/fdsys/pkg/USCODE-20 ... chap28.htm
Unfortunately, found nothing specific in Texas education code http://www.statutes.legis.state.tx.us/D ... ONCODE.pdf