THEAYTORNEY GENERAL
OFTEXAS
Honorable T.'M. Trimble
FirstAssIstant State Superintendent
Austin, Texas
.,,, .__
Dear Sir: Opinion No. O-3764..
Re: Whether scholastic enrollment'may
be~transferred 'without donsent bf
board of trustees of sending dis-
trict.
In,gour letter of July 14,,1941, you direct our at--.
tention toSection 1 of Article , House Bill 281(,47th Legisla-
ture, (JZquallzationLaw, 1941-43), reading as follows:
"For the school year 1941-42, upon the
agreement of the Board of Trustees of the dls-
tricts concerned or on petition si.gnedby a
ibajo~ltgof the qualifiedvoters of the district
and subject to the approval of the County Super-
intendent, State Superintendent, and Joint Leg-
islative Advisory Committee, the trusteesofa
district which magbe unable to maintain a sat-
isfactory school may transfer its entire scholastic
enrollment, or any number of grades thereof, to
a convenient school of higher rank, and in such
event,'all of the funds of the district, including
the State Aid to which the district would other-
wise be entitled under the provisions ofthi.
Act, or such proportionate part thereof ss may be
necessary shall be used In carrying.out said
agreement; provided that no ald shall be allowed
for teachers that are not actually employed in
the contracting schools."
You request our opinion In response to the following
questions:
"Under the provisions of the Equallza-
tlon I&w referred to above, may the majority of
the qualified voters of a school district enter
Into a contract with another school district to
teach their students, even though the majority
of the Board of Trustees of the school d'istrlct
to be contracted object to making the transfer?
Honorable T. M. Trimble, page 2 o-3764
"If the majority of the qualified voters
of the district have the authority to contract
their school with an adjoln,lngdistrict how may
the funds of th,esending district be transferred
to the receivingdistrict over the protest and
without'the signature of the'Board'of Trustees of
the sending district, who have refused to sign
the contract?" ; _
We answer your firstquestion in the negative. Un-
der the quoted terms of the Act, the board of trustiiesof the
sending distrltitIs 'thebody“which is clothed with authority to
malcethe ultimate transfer, and.its action ls~indispenslble.
We"are sending you a copy of our Opinion No. O-3814 concerning
a similar question. .
This renders unnecessary an answer to your second
question.
Yours very truly
ATTORNEY GENERAL OF TFXAS
By ,s/GlennR. Lewis
Glenn R. Lewis
Assistant
GRL:db:wc
APPROVED AUG 7, 1941
s/Grover Sellers
FIRST ASSISTANT
ATTORNRYGRNRRAL
Approved Opinion Committee By s/BG Chairman
Untitled Texas Attorney General Opinion
Combined Opinion