Untitled Texas Attorney General Opinion

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN Maroh 20, 1939 Xonorablo T. IL Trlmble Yirrt Amletant State SUpOrintennd@t Auetln, Texarr Dear Sir: eblr than to sohools. Uaroh lb, 1999, where- ), or th&~$f-ay~i;lon as to whether suoh pujlle may at- tend o he aoorad ad igb schools and have thrir tuition aid out 11 Ho. 185, belug ths Rural Aid and Equalization Yund **propX$$2 $11 ror tbs current blrnnlun, is Chapter 474, found at page and Spaoial Laws d the 45th or the Geneurcrl Legislature, Regular Ses~l~. section 10 thereof reads as follows: “High School Tuttion. It is hereby expressly pro- vided that a sufrlolentamunt or rumis appropriated by this Aot ahall be used ror the paymant or hi@i school Wl- tlon not to exoeed Seven and 60/100 ($7.500)Dollam per ‘. pupil per month. High School tuition shall ba mid ao- oordlng to the provision8 of Xouee Bill No. 158, General Hon. T. Y; Triable, &oh 20, 1939, Page 2 Law8, Regular Se88lon, Forty-fourth Legislature, and subjlot to the llmltation and restrlotion proridrd In Seotlon?d of thir Aot lmporlng tax obllgatlon8 on eend- lng dietriot. Providing that the prorlrlo~ or thi8 Seotlon shell not apply to -grantingof 8ld under teram ;;l;~~nSeotlon for vocational eduoatlon or orlpgled It In rurther provided that high rohool tui- tion aid: a8 ebwe ret out, 8hall be granted for pup118 tranrferred to outride high rohool8 rrotathe Waoo State Home at Waoo, ald from the Alabama and Couehattl Indian Reaervatlon near Llrlngrton; provided the aid 80 granted shall not exoeed the per oaplta tuition obarged other 8ohool.s'tranaierred high rohool pupil8 by the high 8ohooln arrected thereby." House Bill No. 158, General Law8, Regular Seeslon 44th Leglelature, referred to in-said Seotlon 10, cohstltutss Art&Id 29221 (l), Revised Civil Statuterr,a8 amsnded, and a reading there- or disclose8 authority for the payment oi tuition for a high 8ohool pup11 who Is traneferred from one dlstrlot to another on acoount ot the tact that the grade to which such pupil has been promoted 18 not taught In the home dlstrlot. We a8su8m rrom your letter that the p&per grades are taught in the Training Sohool. A8 the law la now wrltten, there is no authority for the paymsnt or tuition ror the pup118 you Inquire about out or the State Equalization Fund, and your questlca must be answered in the negative. Your8 very truly A!l'TORREYGEbIERALO?TEXAS Se (SIONED) BY Glenn R. Lewis AssIstant GRL:N A;'PROVZD GEAxLDC.M (SIGNED) Ai-TORNXYGENHiuL OF TEXA+