Untitled Texas Attorney General Opinion

THE ATTO NEYGENERAL O~TEXAS AUSTIN,TEXAS October 11, 1949 Ron. Wayne L. Rartman Opinion No. v-932. County Attorney Dewitt County Re: Applicability of the Cuero, Texas "private-parochiai clause" in S.B. Ro. 116, 51st Legislature, Wh8Zl the district has been enlarged or re- ceives scholastics un- der contract. Dear Sir: Your letter inquires the effect on the profes- sional unit eligibility of a "private-parochial dis- trict* of enlargement of the district or receipt by the district of cootracted scholastics. "Professional units" are a measure of the State aid to be made available to a public school dls- trict, and "private-parochial districts" are those pub- lic school dlstrlctimentloned in the fifth paragraph of Section 1, Artlcle~III, Senate Bill Ro. 11.6, Acts 51st Legislature 1949, which reads: "Provided further, that for the school year 1949-1950, and for such school year only, a school district, containing a private or parochial school, which received salary aid from the State Equalization Fund for the 1948-1949 school year and was eligible for more teachers for the 1948-1949 school year than it Is under the general provi- dons of this Act for the 1949-1950 school year, shall be approved for pro- * fessional units in a number not to ex- ceed its 1948-1949 eligibility, pro- vided that such professional unit ell- gibillty shall not exceed one classroom teacher unit for each twenty (20) pupils Hon. Wayne L. Hartman - Page 2 (V-932) in average daily attendance in the public schools of the district for the 1948-1949 school year." Pertinent to COnSid8ratiOn of this problem 1s the third paragraph of the same section of Article 111, which prsVid8S in part: n any school district which is not'a'd&mant district sub- ject to the approval of thi bo.&%'hf trUSt88S Of the districts Concerned, the County Superintendent, and the State Com- missioner of Education, contract for a period of one year to transfer Its entire scholastic enrollment . . . to a contlgu- ous district, . . . the combined daily average attendance shall b8 used in de- t8ITUining the number Of prOf8SSional u- nits for which the receiving district Shall be eligible." Also pertinent to the question is this lan- guage in the first paragraph of the same section of Ar- tic18 111: " . . . where a school district is consolidated or contracted with another district, or Where a school district or part of a school district Is annexed to another district or districts. . . or Where for any reason there is a marked increase or decrease. in the attendance of any school district, adjustments in professional allotments shall be made by the State Commissioner of Education." All of the provisions of this section,taken together, are a comprehensive basis for determination of the professional units to be allowed each school dis- trict under the Foundation School Program of 1949, and the quoted provisions mUSt be viewed as forming but parts of a aomprehensive Scheme, no part of which is designed t0 penaLi. any type Of school district in r8- latlon to Other districts Under the program. Does the above language of the fifth para- graph, 'a school district, containing a private or pa- rochial school, which received salary eid from the State Hon. Wayne L. Hartman - Page 3 (v-932) Equalization Fund for the 1948-1949 school year," have application only to that exact geographical district which 8XiSt8d in the 1948-1949 school year? W8 think not. The act does not Categorically SO State. W8 f881 it reasonable to view this langW3g8 as contemplating that school district which received salary aid last year and now contains a private or parochial school,lr- respective of incidental alterations in Its geographic limits or its scholastic load. Being that specific type of district contemplated by the fifth paragraph, this "private-parochial district" may have as many pro- fessional units this school year as It had last year, provided, of course, that this 8ligibility does not ex- ceed one Classroom teacher unit for each twenty pupils in average daily attendance last year as the act specl- fi8S. If this "private-parochial district" has re- ceived the scholastics of a contiguous district under a proper transfer contract, the district also comes within the provisions of the third paragraph of Section 1, whereupon its professional unit allocation can be pred- icat8d on the combined average daily attendance. The Act dO8S not provide that this district may combine its professional unit eligibility under the "private-pa- rochial clause', on the one hand, with the~average dal- ly attendance from the contracted district, on the other hand; but we hold that the presence of a private or pa- rochial school in the district does not deprive the dis- trict of Its eligibility for professional units based on the combined average daily attendance which follows a proper transfer contract. Finally there remains to b8 considered that broad general power vested in the State Commissioner of Education by the first paragraph of Section 1; namely, he shall adjust professional unit 8ligibiliti8S in ac- cordance with the equities presented. If the district in question feels Its professional unit allotment Is in- adequate under either the fifth paragraph or the third paragraph of Section 1, the district can apply to the State Commissioner of Education for such adjustment in Its professional allotment as the Commissioner finds warranted by the specific alteration in the attendance of the district found "for any reason' to exist. Hon. Whyne L. Rartman - Page 4 (V-932) SUMMARY Under the provisions of Section 1 a school district which contains a private or parochial school and received salary aid from the Stat8 Equalization Fund for the 1948-1949 school year may have the pro- fessional units for which it was 8ligible in that school year despite a SUbSeqUent annexation or contracted transfer of scho- lastics. A school district which has re- ceived scholastics Under a proper contract of transfer may have professional units based upon the combined average daily at- tendance regardless of the fact that the district also contains a private or pa- rochial school and received salary aid from the Stat8 Equalization Fund last year. A school district which for any rea- Son has experienced a marked Change in its scholastic attendance may apply to the - State Commissioner of Education for such adjustments in its professional unit al- lotments as the Commissloner may find war- ranted by the specific circumstances pre- sented. Very truly yours, ATTORNEY GENERAL OF TEXAS David B. Irons DBI:eb AdminiStratiV8 Assistant FIRST ASSISTAET ATTORNEY GENERAL .