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