The Attorney General of Texas
December 22, 1982
MARK WHITE
Attorney General
Mr. Raymon L. Bynum Opinion No. m-529
Supreme Court Building Comtlssioner of Education
P. 0. Box 12548
Austin, TX. 78711. 2548
Texas Education Agency Re: Whether an institution
5121475-2501
201 East Eleventh Street of higher education may issue
T&X 9101874-1367 Austin, Texas 78701 scholarships under section
Telecopier 512/475-0266 54.201 of the Education Code
to two students who tie for
valedictorian
1607 Main St., Suite 1400
Dallas, TX. 75201-4709
2141742-8944 Dear Mr. Bynum:
You have requested our opinion regarding the application of
4824 Alberta Ave., Suite 160
El Paso, TX. 79905.2793
section 54.201 of the Education Code. That statute provides:
915l533.3464
The governing board of each institution of higher
education may issue scholarships each year to the
1220 Dallas Ave., Suite 202 highest ranking graduate of each accredited high
Houston, TX. 770026986
7131650-0666
school of this state, exempting the graduates from
the payment of tuition during both semesters of
the first regular session immediately following
806 Broadway, Suite 312 their graduation. This exemption may be granted
Lubbock, TX. 79401.3479 for any one of the first four regular sessions
8061747-5238
following the individual's graduation from high
school when in the opinion of the institution's
4309 N. Tenth, Suite S president the circumstances of an individual case,
McAllen, TX. 78501-1685 including military service, merit the action.
5121682-4547
You ask whether an institution of higher education may issue a
200 Main Plaza, Suite 400 scholarship "to more than one person in the event that the school
San Antonio. TX. 78205.2797 district in which such high school is located certifies a tie [for the
5121225-4191 title of 'highest ranking graduate']."
An Equal OpportunityI
In our opinion, the use of the term "highest ranking graduate" in
Affirmative Action Employer section 54.201 is not necessarily restricted to a single individual.
"Highest" is used here, we believe, in the sense of "none higher."
For example, a court observed in Ilges v. St. Louis Transit Company,
77 S.W. 93 (MO. App. 1903),
there can be no degree of care higher than the
highest.
p. 1915
Mr. Raymon L. Bynum - Page 2 (m-529)
If the two graduates are tied for the highest position, it is clear
that both are the "highest" in the sense that no other graduates can
occupy a higher position.
In addition, we believe that "graduate" may refer to more than
one individual in an appropriate instance. Article 10, V.T.C.S.,
which contains the general rules of construction, provides, in
pertinent part:
The singular and plural number shall each include
the other, unless otherwise expressly provided.
We conclude that an institution of higher education is authorized to
issue scholarships to more than one person in any case in which the
relevant school district certifies a tie for the title of "highest
ranking graduate."
SUMMARY
An institution of higher education is
authorized to issue scholarships to more than one
person in any case in which the relevant school
district certifies a tie for the title of "highest
ranking graduate," pursuant to section 54.201 of
the Texas Education Code.
A-7
&W
WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COElMITTEE
Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
Patricia Hinojosa
Jim Moellinger
Susan Wheeler
Bruce Youngblood
p. 1916