March 27, 1948
Hon. L. A, Woods Opinion Rob, V-527
state Superintendent
of Public Instruction Rer Inclusion of scholas-
Department of Rducation tics previously dmlm-
Austin, Texas erated on Census of
another District on
Attention: Hon. T. R. Triable the teacher&pupil
load for ~equallsation
aid of the District
to which these scho-
lastics have been
transferred.
Dear Sir:
Ue refer to your opinion request of recent
date which reads, in~part,~ as followsr
“The Somerset Independent School Ms-
trlct-of Bexar County, in applying for
equalization aid, included as those stu-
dents who are,eliglble to couut on the
teacher-pupil load &ildren who,are now
living in the Somerset District, bum we;;
enumerated in another district.
dren have been transferred prior to Aug-
ust 1, 1947, by proper applioation to the
county superlntendentls offiae from the
district In which they were enumerated to
the district in which they now reside and
attend school.
"Article I, SectIon 1 of the Equaliea-
tlon Aid Law provldias, in part that ‘State
aid under the provisions of this Aot shall
be distributed In such a way a8 to assist
all school districts whloh have not fewer
than twenty (20) nor mom3 than fifteen
hundred (1500) original enumerated seho-
lastics within the grades claaslfied to
be taught remaining in the district after
transfers out, above the trades tauaht in
the home district; . . . I
Hon. L. A. Woods, page 2 (V-527)
"Article III, Section 1 of this Law
provides, in part, that 'State aid under
provisions of this Act shall be allotted
upon the basis of one teacher for any num-
ber of scholastics of each race from twen-
ty (20) to thirty-five (35) and one (1) ad-
ditional teacher for each additional thir-
ty (30) scholastics, or fractional par;
thereof, residinu In the district. . .
'The students mentioned above are
residents of the district in which they
are attending school. They are not above
the grades taught in the home district,
as they are attending school in the home
district, and they comply with Article
III, Section 1, which provides for the
education,,ofchildren residing in the
district.
Question: Since the students were
not originally enumerated in their home
district in which they are now attend-
ing school, may such students be count-
ed on the teacher-pupil load and the
district be granted aid therefor.
Under the facts submitted, we understand that
the pupils in question were enumerated under Article
2816, V. C. S., on the scholastic census of districts
other than the Somerset District fD'rthe scholastic
year 1947-48. That after said census taken in March,
1947, but prior to August 1, 1947, the scholastics in
question moved into and became residents of the Somer-
set District and said pupils entered school in the Som-
erset District for the scholasticyear 1947-48. Their
State and County per capita apportionment funds (Arts.
2665, as amended, 2692, 2685, 2823, and 2830, V.C.g.1
were transferred to the receiving district, SOmOrSet,
under the general law governing the transfer of pupils,
Art. 2696, V. C. S., which also p$ovides that 'no trans-
fer shall be made after August 1.
Article 2901, V. C. S., provides:
'Every child in this State of scho-
lastic age shall be permitted to attend
the public free school of the district or
independent district in which It resides
Hon. L. A. Woods, page 3 (V-527)
at the time it applies for admission,
notwithstanding that it may have been
enumerated elsewhere, or may have at-
tendet school elsewhere part of the
year. (Emphasis ours,)
See also Articles 2902, and 2922L(l), Sec. 1, first par-
agraph, V. C. 3.
Thus, it is clear that under Article 2901,
v. c. s., an elementary or high school scholastic whose
grades are taught in the district wherein he resides
shall be permitted to attend school in the district
wherein he resides, and that the transfer of his per..
capita apportionment Is accomplished in accordance with
the provisions of Article 2696, provided the transfer is
not made after August 1.
Further, this De artment has previously ad-
vised in Opinion No. O-563$ that children transferred
out of a district prior to August 1, under Article 2696,
v. c. s., are no longer on the scholastic enrollment of
their home district, but are on the enrollment of the
receiving district.
We now consider those parts of the Equaliza-
tion Law cited in your letter,
Section 1, of Article I, of H. B. 295, Acts
1947, sets out the eligibility requirements which must
be met by a district seeking Stat&aid and showing need
therefor under State law. On the other hand, Section 1,
of Article III, of H. B. 295, concerns itself with the
teacher-pupil load or quota requirement which an eligi-
ble district must consider in the preparation of its
State aid budget submitted with its appliaation showing
need for State aid'. With regard to Section 1, of Arti-
cle I, we think that the term "original enumerated scho-
lastics" as used therein refers to and means that offi-
cial scholastic census of the ap lying district accom-
plished under Articles 2816or 2$ 16a, V. C. S., and tak-
en in the last preceding month of March of the school
year. All laws in pari materia must be construed to-
gether. Thus, if after an applying district accounts
for the transfers out of the district of those scholas-
tics residents of the district whose grades are not
taught in the district, the total original enumerated
scholastics, as herein defined, remaining in the dis-
trict is not 'fewer than twenty (20) nor more than fif-
Hon. L. A. woods, page 4 (V-527)
teen hundred (1500)", the district is eligible for State
aid under H, B. 295, other provisions of the Act having
been met.
However, the teacher-pupil load or quota of
an eligible district provided for in Section 1, of
Article III of said Act, is based not on the original
enumerated scholastics as provided in the eligibility
provisions of Section 1, of Article I, but rather on
the method of calculation set out in Section 1, of Art.
III; and insofar as the Somerset District Is concerned
under the facts submitted, Section 1, of Article 111,
as hereinabove quoted specifically,provides that the
teacher-pupil load of the eligible districts shall be
allotted upon the basis of one teacher for any number
of scholastics from twenty to thirty-five and one addi-
tional teacher for each additional thirty scholastics,
or fractional part thereof, residinn in the district,
Therefore, it Is our opinion that those scho-
lastics in question who were transferred to the Somer-
set District under Article 2696, V. C. S,, prior to
August 2,.1948, who were reported as transfers in the
districtsa a plication for State-aid for the scholas-
tic year, 19&7-48,and who were entitled to attend
Somerset schools under Article 2901, V. C. S., may be
counted on the teacher-pupil load of said district in
accordance with the provisions of Sec. 1, of Article
III, H. B, 295, 50th Legislature, notwithstanding said
scholastics were enumerated In districts other than the
Somerset Independent School District. Accordingly, the
Somerset District may be granted salary aid therefor,
SUMMARY
Based on the facts submitted, those
scholastics who were transferred to the
Somerset District under Artiole 2696, V.
c. s., who were reported as transfers in
the districtes application for State aid
for the scholastic year 1947-48, and who
were entitled to attend Somerset schools
under Article 2901, V. C. S., may be count-
ed on the teacher-pupil load of said dis-
trict in accordane-,xith provisions of
Section 1, of Article III, H. B. 295, 50th
Legislature, notwithstanding said scholas-
tics were enumerated in districts other
.
Hon. L. A. Woods, page 5 (V-527)
than the Somerset District. Accordingly,
the Somerset Independent School District
may be granted salary aid therefor.
Yours very truly,
ATTORNEY GENERAL OF TEXAS
By-r-
CEO:mw Chester E. Ollison
Assistant
APPROVED:
T ASSISTANT