. : O,oU
OFFICE OF THE ATTORNEY GENERAL OF TEXAS.
AU$TIN
QROVERSELLERS
*,,O”NLY QLNKRAL
Honorable 3. F. Holubec
County Auditor
iavaci County
Eallsttsvillo, Texas
.,
to this Department
44 the .Statd be&t-
paid $4.00 per capita
rated on the 1943-44
state and county available fund
1 nalntonance fund vere U.stcd a8
thus caused the school to receive
less state aid. As a result of this state aid
rchoola usually spent all balences before
Septeuber let for some Improvement or some
needed equlpmsnt. .
“TN8 year the schools recolved this
additional $4.00 per capita before September 1st
and in order not to have this money listed as a
balance on Saptembor lst, the state aid schools
OS Lwnca County spent the money before Septcm-
ber 1st.
:
p. J. F. Eolubeo - page 2
~quirlng all rural state aid schools to
inolude the $4.00 F capita payment as '~a-
eslpta ior the 194$ -45 school year, although
the manep was received and spent during the
x943-44 school term. X3 thla legal?"
Saation 1 of Art. 2 of Ii. 8. 176,Ch. 373,
4&h. Leglalature,read8 as follovsr
"The trustees of the dlatri&a
lwhorlaed to apply for aid under the pro-
visions of this Act shall &end to the State
SupWint9AdeAt of Publio fnatruot~on on forma
provided by sold authority: all information
that may be required. Said forma vi11 ln-
olude a budget by uhioh the amount ot Salary
fid to which a school vi11 be ellglble shall
be determlned. The receipts 88 ahoun in said
budget will include the state and County
Available and local maintenance balances
brought iorvard from the preoading year,
State and County Available and LQCel f4ainte-
naAoe reCeIpta for the current yew, tultion
to be oollocted locally, and miacelleneoua
receipts. The expenditure till Lnolude
salaries of teachers as detenalned by the
salary schedule stated herein, eAd a maximum
of One Hundred Eighty Dollars ($180) per
teacher per year in accredited schools end
One Hundred Sixty Dollars ($160) per teacher
per year in unaccredited schools for other
ourronc cxDenao3: Drovlded that if Salarv
M4 grant ?or th;fitrat year of the bie&um
exceeds or is lass %han the Salary Aid Allo-
cation. the 3.GatflSu3erlntendent shall in-
crease-or decrease a&d maximums proportion-
ately. The total amount of approved expendi-
turaa leas the to%1 amoUnt of receipts
'till be-ths a;nount-of Salary ALd to which a
school vlll be eligible; prwidad in no caa9
vLl1 such Jc:mnt exceed the syjwovcd mm&?.?^u
of teachers’ salaries. The State Supcrin$endent
Shall, awject LS the provlslons of this Act,
grent to the school sn mount of aid as will,
vlth State and County Available Fimds, togeth-
er vith all other funds including tuition,
goa. J. F. Holubeo - Page,3
maintain the school for such a Qerlod’and in
ruch a mann8r as authorized ln this Act. The
lQQliCatioZ3shall be sworn to by the county
superintendent of all Common School Districts
and Qr8sid8nt and secretary of the Board of
trustees of all Independent School Districts
applyi% iOr aid; School districts aC08Qtj.Jlg
aid IJnd8rthe provisions of this Aot shall
share In the distribution o? State and County
Available School Funds and In all other funds
as herein my be provided.' (Emphasis ours)
.' By Section 2 OS Article 3 of said R. B. 176,
_.
fhs Legislature has Qrovldod a Salary Schedule and Length of
term for schools to follow and maintain in order to r8celv.e
salary aid from the State.
A careful reading of Section 1 aforesaid re-
veals that State Aid Schools, for each school year of the
biennium covered thereby, V8T8 allowed 13Z&XimUm
expenses,
ohlch had to appear in the required budget. These 8Xpens8s
were IV38trlCt8dtc the salaries 0r tkachers as authorized
in Section 2 Of AltiC 3. Phs 8 maximums Of $180.00D8r
teacher per Year in accr%ilitedschools and $l$O.OO per teacher
per year ln unaccredited schools for other current expenses.
The wo school years covered by said H. B. 176 are those end-
Ing hxust 31, i944,and August 31, 1945. (i&i. 13, Section
1 thereof). Therefore, the maximum amount authorieed to be
spent per teacher per Year for other current expenses than
salaries 1s $180.00 in accredited schools and $160.00 1~
Uiacoredlted schools. It follows that no school which received
lqualisatlon aid for the school year 1943-1944 Yaa authorized
to spend more than said maximum amounts, subject to any ln-
Cr8ase or decrease therein that may have been authorized for
said year by the State Superintendent under said Act.
The Equallzatlon Aid grsnt for 1943-1944 was
‘? based UQOn 8 per capita revenue of $25.00 from the Stat8
Available School Fund. Therefore, the additional $4.00 per
Capita apportioned the latter part of August, 1944, was not’
authorized to be spent ln 1943-1944 in Rural Aid schools. The
Wounts represented by aald August apportior~ientrepresent a
balance to be brought forvati in the equalization budget for
1944-45 by any school applyiw for Rural Aid for said school
Year.
.
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1: 383
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Bon. J. F. Rolubed - Page 4
,
It iollovs that the question submitted
must be ansvered in the affirmative.
Yours very truly
LFlF:BT