.
.- R-564
Hon. BI‘ S, Kieke Opinion Noa V-274
County Attorney
Lee County R.: Effect of Acts 1947,
Giaabgs, Texas 50th Leg,, R,S,,-HqBe
300 on Art, 2883,
VoC9S,, relative te
Dear Sir: tea&e&s salsry,
We refer to your letter of mcent date ac-
knowledged by the Attorney General onJUne 9, 1947,
wherein YOU r8qU8st atI Opinion COnC8rning the 8ff8Ct,
if any, of Acts 1947, 50th Legislature, R. S., H. B.
300 (00difiea as Article 2891-l# v.cose) ea Article
2SS3, V.C&B~ rslaBiv8 to salaries of publio school
teachers,
Th8 Sp8CifiC Situation and qUeStiOn sub-
Itdtt8a reads as follows:
"The Lincoln Cemm~n Schoel Dietrid,
in this county, has no local maintenance
tax+ Will the tivstees be pennittea to
enter into a contract with a teacher hold-
ing a permanent teacher's certificate, to
pay him in 8xee88 or $150 per month for
taaohing?"
drtiCi8 26$3,
v&i?.s.b 8titd8d by AC@3 19211
37th Legislature, R.S., page, 211, authorizes schoo2.
trustees to determine the salary to be paid sohool t8a-
chars in their aistrim ana provides the maximum month-
ly salaries which may be paid such teachers out of the I
Public FI'88 Sohool Fund by a district which dO8s not
levy and coll8ot a looal maintenenee taxa the msxim~m
salaries payable being dep8ndent upon and to be detar-
mined by the kind of teacher's certificate the teacher
holds,
Aote 1947, 50th Legislature, R,S,; H-B, 300,
Ch. 109, COdifi8aas Article 2891-1, v, c. s., in malla-
atory 1aDguage authorizes sohool districts maintaining
an aCC!?di8#4d or aifiliafX& SOh0d or St38kiM aoCredi-
tation ana affiliation to iIOtmnl3na the ~l&i& to 6s
paid school tra&here in their dietriot, ahd prtid8s a
ainimm amual salary of a bbgfnaing full-time teacher
who holaa a ~OOgRiZ8a bachelor38 &egree 0f not less
than 82000 with inor8&8nts above the mitium for addi-
tional college training, ana for experience ana effi-
ciOnoy base& 00. a sohedule prrwfded in th8 State Equal==
ization%aw, which shall be paid by all district Wheth-
er or noWthere is levied and colledea a local main-
t8mtD38 tax in the dietriot, under Seatlen 2 ~0r B, B.
300, h0W8V8r, ii: the total rOV8llU8 Of a school diOtriCt,
as sgt out in the Aot to be oonslaerea by the aistrict
providing a pay sohedule for its teachers, is not suf-
ficient to permit the payment of the minimum anmal
salary therein provided, then the district shala pay
to its teacbsrs ths highest poss%?318 salaries with the
reveillleavailable for'suoh purpose.
,
38otion 4 of H, Ba 300 prmide&: "j&y law
of wrta Of lawa in conflict with the provieions of
this Act am repealed in so far as such cshflict is con-
oerned . 9 em
Sections 1 and 2 of H, B, 300 by its terms
governs and controls sohool trustees in school.districtO
~intaining an aooredlted or affiliated school, or seek-
ing aooreditation or affiliatiom, in the matter of mini-
mwn annual teacher'8 salaries whioh shall be paid by
.said distriot to its full-time beginning teachers who
hold a recognized baCh8lor's degree. Thus, kticle 2883
to the extent it provides for maximum monthly salaries
sf school teachers in such school districts to be deter-
min8d by the kind of teacher's certificate they may hold
is in dir8Ot conflict with the provisions of 8. B, 300,
and ammrdingly, is repealed by Section 4 %h+m8of,
With respmt, however, to teachers wmploybd
fi &&hools which are not accredited or affiliated schools
and which are hot seeking accreditation or affiliatien,
ws believe the provisions of ArticJe 2883 are applioabl8
.and contr01 the school trustees in the maximum salary
payment which may be paia to the teachers thereof out Of
public school f?UIaS when the district aO8S not 18Vy ana
collect a local maintenance tax,
Ref8rriIlg IIOW t0 JroUr qUet&iOll, it-is Our
&apiniOn thet the trustees ,of a school district, whether
,-
.:
Hon. M. 5. Kieke - Page 3
or not it has a local maintenance tax;are governed by
the provisions of H. B. 300, 50th Leg,, in the payment
of minimum salaries to its t8aOherS~ if the teacher
holds a recognized bachelor's de$xWe ad iS dIUpiOy8d
to teach in an accredited or affiliatea schodor one
seeking accreditation or affiliations If, however,
the school in which suoh teacher is 8mplOy8a to teach
is not accredited or affiliated, nor seeking acoredi-
tation or affiliation, or the teacher dees not hold a
-recognized bacQelor*s degree, the maximum salary which
may be'paid to said'teacher by a school district which
has no local main%enance tax is'governed by the provis-
ions of Article 28S3, V. C. S.
The trustees of a school district,
whether or not it has a local mdntenance
tax; are governed by the provisiuns of H.B,
300, 50th Leg., in the payment of minimum
salaries to its teaahers, if the teaoher
hold8 a rsoognizea baohelor's degree and
is employed to teach in an aeore&itecl or
arriliated school or one seekiag acmeal-
taticn or arriliation. Ir,'howevbr, the
school in which such teacher is~e?nployed
is not acareaited or affiliated, nor seek-
ing accreditation or affiliation, or if
the teacher does not hold a recognized
bachelor's degree, the max5.m~ salary which
may be paid to said teacher by a sohool dis-
triot whioh has no looal naintenanoe tar is
governed by the provlsiona of Art* 13883,
V.C.S.
Very truly yours,
ATTORNltY GENBEtALOF m
Es2 By-r'a .
ATTORUEYGENERAL
Chester YL Ollison
Assistant