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OFFICE OF THE AlTORNEY GENERAL OF TEXAS
AUSTIN
Bonorablr L. A. Woo&a A
Stat8 8up8rintindent 0r Publlo &strllotioJi
Autln, Toxar
ate whloh wm
-&blola 2699, Revlred Civil pro-
8tatute8,
via00in part:
. and proddad further that
Xonorable L. A. Woods, Pww 2
dlrtrlct may be trmmrerred to another
dlstrlat, or to sn independent dlstrlot,
Upon suoh term8 as msy be a@eed upon by
the trUMt666 of eald districts lntereated.
,(Aots 1905, 29th Lee., ??. 3. Ch. 124,
Q~Q. 92, p. 288)’
“Seation 2, Artiole 8 of ths real Aid &a,
pace 243 of the Publla Sahool Laws of Tezss, reade
as r0ii0ws:
**For the school gears thereafter,
upon the agreement of the Board of True-
tees of the Dlatrlots conosrnsd or on
petltlon eigned by e majority of the
quallfled voters of the dletrlct and
subjeut to the approval of the County
Superintendent and the State Scperlnten-
dent a district which mey be tmabls to
main 1aln a setisieotory sohool may trane-
fsr its entire aoholestlo anrollment for
one year to en accreditad school of
higher rank.’
Wy intsrpretstlon of this Section 2 1s that
it aontalns two ways by whloh eohool ohildren may
bo trsnsferred for the duration of one year: first,
it mny be done by an agsstient between the two
board8 o$ trustees aonoernedi and second, on petl-
tlon slensd by a prCljorltg of the quallfled votera
of the district end aubjsot to the approval of the
County Superintendent and Stats Superlntendsnt.
My interpretstlon with referencr to this se&ion
of the law 1s aorroborated by the last proviso in
&tiole 269, as quoted above. It seems to me that
any other oonstructioa than this would do violence
to the ganaral atetutr just retsrred to+
“I do not believe there’is any conflict between
the two statutes. On8 Is UUpph2lfiXltUry to the other,
and method number two of tronsfarrine as r6ierred to
herein is an addition to nmber one as aorrobmt6d
by thb general statute.
Xonoreble 1.. A. Woods, pace 3
“Do you agiree with me on this lnterpretetlon?
I? not, why not?”
Tou wish to know whether you, a6 State Superlnten-
dent, must under Seotion 2 above quoted approve the transfer
wizen the boards o? trustees o? the distrlots IAvolYsd have
agreed to suah transfer. It 113 our opinion that tour approval
16 required.
In the oese d? LToCorkel County SUpOrlAteAdeAt I.
Dlatrlat Truteteas of Robinson Sprhga Sahool Dist. No. 76 of
Comenohe County at al., 121 S. ii'. (26) 1048, the oourt had
before it for aonsideration ths followln~ provision of the
1937 rural ald bllljAat6 1937, Ch. ~$77c,Sec. 17)r
wgTrans?er of ~ntlre District. OA the aveo-
ment of the bosrd Of trustees 0: the dietriots COA-
oerned or on p6tItIon 6I ed by e majority o? the
qUelI?ltd voters o? the r lstriot and aubjeot to the
approrel of the County Superintendent and State
Superintendent, the trustee6 o? a dl6trlct which
6my be unsble to melnteln e satlsfeotory sohool may
transfer its entire soholastio enrollment, or any
nurPb6r o? -eden thereof, to 6 oonvenlent school a?
hi&her rank and ln such event all o? the funds o?
the 416trloC Includln~ the St&e aid to whlah the
dlatriat no& othenrlse be entitle4 tider the pro-
Yioiona of thl6 Aat, or suoh pxopartionate p%rt
thereo? ae 166x be AeO66saTy, msy be used in aarry-
iag out said agreenent.*D
One can r@sdfly 6~8 the slmllarlty of this provl-
slon and tha one uuder aomldaratlon. IA iaot with the
exception of the word %he* inserted in W.s 1911 aat, the
language providing for the approval o? the tdans?er by the
State Superintendent is the same In both sots. The court
held that the approval o? the oounty UuperIAten46At 6~4 the
State Superintendent was required whether the transfer WM
made oc amesllent o? the trustees or on the p@titIOn sI@W4
tiy 6 plajorlty oi'the quellrled voters, 2s quote the iollow-
1~6 iran the opinion of the oourtr
0
.ft (Section 17) simply authorize6 thS trUS-
tees 0; &taln districta whloh mag be unable to
ralntaln a satl~feotorg aohool therelA to make the
transfer provided ior, subjeat to the aondltlons
ipealflad, among whloh being thst the transfer be
rubjeot to the approval o? the &unty Superinten-
dent an4 State Superlnteodent, q , ,
.
Honorable I.. A. ktoda, paSe I,
” . Aleo, in either oaas, wa think the
tran&‘Is to be msdr *subjeot to the afiproral
OS the, County Superintendent and State Suprlntan- ’
dent.“’ (Paranthstloal Insertlen &dad)
We are o? the oplalon that this oaee preoludes any
holdlnc other than thst the approval of the State Superinten-
dent Is required on all transfers msde under Seotlon 2 of
Art1010 VIII. You have lnrormsd us thet you ham horetorore
a proved all thuiafera mnde under Mtlole VIII.’ You have,
t ii ereforo, &et the requirements of the rural aid bill.
le.do not think that the conclusion irhloh we here
reached meem that there la any oonrliot in Seotion 2 and
the Seneral law. Seotlon 2 merely sets up a way in whloh
the entlre enrollment of a sohool may be tranoferrcd under
the oondltlon specified, and provision la mds for tke pay-
ment’ of aid to the reo6lTinS district. It is too elemntarp
to rsqulro citation of authority thnt before money aan br
paid out under an item o? ap~roprlatlon, the terms under
whloh the appropriation is made must be met. ‘Both the stat-
utes, whloh you oite in your letter w@re In the statute books
at the time that the XoCorkc4 Oase W:BE decided. As we have
atated before it is our opinion that the XcCorkel case Is
bindlnc oa tds departaent as to the oonolanlon aMOun0ed.
You are therefore, respectfully advised that the
approval of the State Superintendent is required on all trana-
fexs made under Section 2 of Artiole VIII or the rural aid
bill whether the transfer la on agreament of the trustees or
on petition OS the ualifled Voters. The answer to your
question is a negat 9ve one for the reason8 heretofore Given.
Very truly poum,
By /8/ C&or&e ti. Sparks
George 8. Sparks
Aesittent
CWS:ld
APPROVEDOCT 19, 1942
/a/ Gerald 0. Mann AFFROITD
ATTORNEY GlWXR& OF TFXAS OPIMIO~ cmITTEE
z BY BKB
OEAm