Untitled Texas Attorney General Opinion

Hon. L. A. Woods QplnlonNo~ o-897 State.Superintendent of Re: Reconslderation'of~Opinion No. Public-Instrnctlon Q-1944, conceming~the granting of Austin, Texas salar a-idunder House Bill No. 933, 6th Legislature._ Acts ZE' bear Sir: Dear We are in receipt of your letter of March 7, 1949, re- questing that we reconsiderour Opinion No; O-1944, addressedto the Honorable Olan R. Van Zandt, Chairman of the Joint Legisla- tive Advisory Committee. In thatopinion we reuled that the State-Superintendent-of Public Instruction and the Joint Legis- lative Mvlsory Committee dld not have authority under the pro- visions-ofHouse Bill No. 933, Acts 46th Legislature,to direct applicantsfor rural aid under such Act, to omit receipts from the State per capita apportionmentwhich they would receive for pupils transferredinto the school district from a district in- eligible to receive aid under Section 6 of the Act, in showing the budgeted receipts of the receiving district-underSection 13. You suggest that Inequities and hardships to school districtswill result under our constr.uction of the Act, and state that: "1~1many Instances the number of pupils-transfer- ring into State aid schools make it absolutely essential that extra teachers be employed to take care of this influx." The questionsraised in your present request were con- sidered in.our original opinion, and It was pointed out that the Legislaturehad provided for adjusting such hardships or ln- e.qultlesasmight arise. In that opinion; we stated: "If this constructionworks a hardship upon the school receiving such ineligible transfers,such result does not justify a disregard of the statute. The wisdom of the stat- ute is for the Legislature. Besldes,.otherprovisions of the kct may take care of such situation. We refer espec- ially to that provision contained in Section 4 'that where unusual or extraordinaryconditionscause an actual in- crease in enrollment,an'adjustmentas to the number of teachers may be made by the State Superintendenton approv- al of said Joint Legislative-AdvisoryCommitteenot to ex- ceed the teacher-pupilload provided herein."' . Hon. L. A. Woods, page 2 (O-897) Section 4 of House Bill No. 933, Acts 46th Legislature, reads as follows8 "Sec. 1;. (Teacher-Pup11Load.)--Stateaid under pro- visions of this&t shall byeallotted upon the basis of one (1) teacher for any number of scholasticsfrom twenty (20)~to thirty-five (35) and one (1) additional teacher for-each additionalthirty (30) scholastics;or fractional part thereof residing in the district. It Is expressly provlded that In the event pupils are transferred into the district the excess fractionalpart thereof shall not be less than two (2) scholastics. The basis for calculation shall be the net-scholastlc,enumeration of white or col- ored r&e, as the case may be, including the transfers into the district and excludingthe transfers out of the district, provldeb such transfers are from the districts eligible to receive aid under Section 6 of this Act, for the current year; and there shall be deducted all schol- astics who have completedthe course of study in their home school, as authorizedby the county board of trustees, provided that where unusual or extraordinaryconditions cause an actual increase in enrollment,an adjustment as to the number of teachersmay be made by the State Super- intendent on approval of said Joint Legislative Advisory Committee .not to exceed the teacher-pupilload provided herein. .& condition of unusual enrollmentmay be said to exist when and If the average daily attendance'ofa school reaches a point in excess of the net scholasticsremaining in the district after transfer. Under no conditions shall aid be granted for teachers in excess of the teacher-pupil load based on the average dally attendance,for a period of at least five (5) consecutivemonths; provided further that under no condition shall aid be granted any district In excess of the number of teachers actually contracted for and employed as authorizedherein, and shall also be ~uthorlsedto increase the teacher-pupilload from thirty (30; to forty (40) after the employmentof the fifteenth teacher on the.teacher-pupilload provided herein, and shall further be authorized,If deemed advisable,to place all schedules of payment for the last year of the biennium on the net scholasticsfor such school districts for the year preceding." The teacher-ouoilload is one teacher for anv number of scholasticsfrom tw&%y (20) to thirty-five (351 and one (1) additionalteacher for each,addltiotial thirty (3O),scholastics- or fractionalpart thereof. The Act then directs-the method for calculatingthe net scholasticswithin the district for determin- ing the number of teachers which may be set up in the budgeted expendituresof the district under Section 13. This is based Hon. L. k. Woods, page 3 (C-897) upon the scholastic census, transfers in and out of a diStriCt and scholastics who have completed their course of study in their borne school. Under Section 5, the school district __ ..- Is not disqualLfied from receiving salary aid deternlnec. in this method ylle. i;8 t.3f >rerage daily attenI;mce Is less than sixty-five is>;,) per zent cf the scholastictens-us enrollment. ._ T’ke Se&ton then provides that the State Superlntend- azt atti Joint Legisi.tlve Gdvlsory &ommlttee may adjust the num- 3er 0T Fe;-ohers Yhere onuspal or extraordinay conditions caused se bw. zi _:&:,::l lncregs* f.Q cr Iher&, provided hcwever that the nu%b~ of.t~sachars shall :otOexceed the teacher-pupil load therern provlS?d. ‘IA condition of unusual enrollment may be said to exist when and if -the average dal’iy attendance of a school reaches a point in excess of the net scholastics remaining In the Zistrict after trwsrer.l~ Here WP find a specific provision au- ,& .horising the State Superlntri;dent L81dJoint Legislative ddvis- ory Committee to tilc~ addltloaA teachers when there is an ac- tual increase in enrolZ.ment a& the average dad.ly atteudance is’ greater than the number of the net scholastics apportioned to the. -district based upon the scholastic censns and trantieer record, if such Increase is sufficient to warrant additional teachers and oreate an unusual or extraordinary condition. The disquali- flc&ilon that the number of teachers allowed under this proti- . slon shall not exceed the teacher-pupil load refers to a calcu- laMon of teacher-pupil load based upon average dally ‘attendance and not upon the census and transfer records. Any other con- struction would render the %nusual or extraordinary bonditionsU portion of the Section wlthout any significance or meaning what- soever, since the school dlstrlct would already be entitled to the full number of teachers calculated upon the basis .ofthe census and transfer records wrthout any reference to unusual or extreordinary conditions. ’ /: lie adhere to the conclusions expressed In our origlnal Opinion Ro. O-1944, 31;d are of the opinion that the Inequities and hardships to which you refer should be adjusted in the man- ner provided by the Legislature and in accordance with the pro- visions of Section h-of House Bill No. 933, Acts 46th Leglsla- Wire. _ . APEROVZD MAR18, 1940 Yours very truly Id..GeralG_G. Mann ZTTORNEY GRRERAL OF TEXAS ATTWNEY GEI@El-&I, OF TFXAS By.fsJ-Cecil-C.-Cammack,. I?PPRQ~P:..QRINICON-COMITY Cecll‘C, CammackI,Assistant 4x2 4!Jds,- rn4~~~.. CCC:RS:wb