0 **OFFICE OF**  **THE AlTORNEY**  **GENERAL OF**  **TEXAS L** 

**Honorable** L. A. Woods State Superintendent of Public Instruotlon Austin, !l‘eXtSE

Dear Sir:

We have receivedyo ptember 14, 1942,
rerence to the owing from your

on about which

8 type Is tne &hanklin h was approved by the the Joint Legislative to transport their taught in Shsnklin to You will note that Seation 2 of BiU 284;Acts of the 47th Lsgthat .where

two receiving sohools out of the same sending district, pproval of the Department and the
er. developed that Shankllnwas a cor?tract

to tranafer the entire diatrict to Belton as provided for in Article 8 of House Bill 284. I should like your opinion on these two questione:

"1. Edward Yiilson

lived ln Shanklin and attended school at Salado rather than goiry to Belton. Whioh is the home district of Edward Wlleon--Shanklin, the district in which he aotually resides, or Belton?RonorableL. A. Woods, page #2

"2. Since the duplicate semlce was approved by the Departmentand the Comnittee, would the transferof the districtby contractmake it lllegal to pay transportation on children living in Shanklinwho continuedto attend the Salado Sahool aa originallyplanned and approved7 You will please bear in mind that no sohoolwas operated in the ShanklinDlstriot,and, therefore, the grades of none of the ohildrenwere taught in the dlstrlot in uhioh they aotuallyres1ded.s

The approval of the transportation routes was made **under** the **authority of**  **that pad**  **of** Seotion **2, Article**  **V, of**  the Rural Aid Act (Acts 1941, 47th Leg., R. S., Ch. 549, R.B. 2&M, p. SSO), whioh reads as followsr

*seo.2. In no inetanoea may aid be granted
for puplla transported rho attend a grade In another school whioh grade is taught in suoh pupilfshome district. Ro transportation aid shall be granted for a pupil being transported out of his home school dietriot if tuo (2) or more reoelring sahoola are applying for trsnsportation aid from such pupillshome district unless the bus routes through suah district have been approvedby the State Department of Education,and suah approval confirmedby the Joint Legislative

Advisory Committee. Aid shall not be granted under any provisfonsor this artiale unless the pupil so **tramported** actually residesmore than two and one-half (2 l/2) miles from the eohool attended and la transportedin

an approvedbus over an approvedroute. * * Q "

A short time after the routes were approved, the Shank- 'lin district contractedto traneferits entire enrollmentto the Belton IndependentSchool Dietriotunder the provisionsof ArtioleVIII of the Rural Aid Bill. You have informedue that this contraotwas for the schoolyear 1941-42. Section 1 of Article VIII reads aa follows:gonomble L, A. Woods, we #S

*Section1. For the eohoolyear 1941-42,upon the qgPeementof the Board of Trmateea of the distrlcta **conuerned** or on petition aigued **by a**  majorIty of the quallfled**voters** of the district and eubjeot to the approvalof the County Supsrlntendant, State Syperlntendent, and Joint Legislative Advlaory Cammltteo,the tmuteer,Of a dlatriot whlohmaybeunable Co&talna aati8faotory suhoolmay truufor its sntlre aeholaatS.0enrollment, or any number of grades thereof, to a oonveuient aohool of higher rank, and in auah event, all of the funds of the diatriot, includingthe State Aid to nhlah the diatrlot**would.** otherwise be entitledunder the pro~ialonaof this Aot. or auuh proportionate part thereof as may be neobeaary shall be uaed in carryingout said agreement) provldod that no **aid** &all be allowed for teachers zb&rnnot **aatually** employed in the oontraatlng

.

You rlah to know whether the Belton or the m dirtriet is the hme distriot of EdmaPd Vllaon and whether t&e pagnent of Crmnaportatfon oan legally be mde foP t&e ahildrenwho attended the **salado** Sohool after the above mentioned transferoontPaotwas entered into.

Transportation

aid may not be @antid under the Ruril Aid Bill for pupil8 who attend a grade in a aohool which grcrde la tmght in such pupil*s home dietriot. ArtiiiPle V, Seotlon 2, rupra. The questionneoeaaPrilyresolves itself into a deteminntion whether the transfer of the entire enrollmentunder ArtlaleVIII changes the home district of the pupils. WI are of the opinion that for the purpose of payIng transportation aid under the Rural Aid Bill suoh change is erfeoted.

The transferof the e&ire 8uholaati.a enrollmentla ,authorlsed

where the sendb$j~iat is uuable to &kin a aa.tiofaotory

aohool. Manifestly,one of the feotorawhio@ are consideredin detenmining whether a aahool is artiafaatory orHonorableL. A. **Woods,** pagefi

not Is the number of grades taught. It follows that one of the reasons for passingArtlele VIII, whereby the entire aoholaatloenrolkaeut may be trauaferred, was to supply the grades whloh were needed and do away with the neoeaaityof trazaaferrlug

atudenta lndlvlduallyto other aahoolawhere their grades are taught. The Peoelrlngdlatriotreceiuea the funds of the rendingdlatrlot, %noludlng the State Aid to Ihlah the dlatrlotrould otherulaebe entitledunder the provisionsof this Aot, or auah proportionate part thereof

**as** may be neceaaary ahaIl be uaod in orrryiug **out said**  **agree ment** **”**

**.** The bllI **providea** for the trauaferof the eentiree onrol&ent. **We** belleve that it mama what it aaya. FOP ptwal aid **purpoae8, therefore,**  the reeelving dlrtrlot la the hoam dlatrlotof the students transferred under Artlob VIII.

We do not thin)F

that the identity of the sending dlatrlot la dbatroyedby tihetraf~fer Of its entim **aoho&atio** l uroI3amntunder Seotion 1 of Artlole VIII. In other words, the ~hankllu Independaut S&o01 Diatriot remalna au independent aahool diatrlat, **and Its**  truateeaaontlnue to hold offioe aud perform the duties lnaldsnt thereto.

Artlale 2201, Revised Civil Statutes, reads as follows:

%very ehlld in this Skte of aaholaatloage **shall** be pemltted to attend the publlo fY?ee aahoola of the dlatrlator independent dlatrlot ln which it realdea at ths time It applies for adalaalon,notwlthatanding that it may have been enumeratedelsewhere,or amy have attended school elsewherepart of the pa&'.

It is our opinion that the aohoIaatlasresiding in the oonfiueaof the Shanl~lin diatrlat are residents of such diatrlct for general purpoaealbut after the entlre saholaatla Onrollmentof auoh dtatrlathas **been** transferredto the Selton Independentschool Dlatrlot such acholaatlaeare residentsof the Belton diatslot insofar as the payamnt of tranaportatfon aid la oonoerned. Xour firet quaatlon la answered In this
manner.HonorableL* A. Woods, page #S

I~I view of mhat we have said, it is our opinion that where the entire scholasticenrollmenthas been transferred under Section 1 of Artlole VIII, transportation aid may not be granted for pupils who attend a grade in another schoolwhloh grade is taught in the reoelvlngdiatriot. Your second question la, therefore, answered in the afflrmafive.

Very truly your8

ATTORWEX GILRERAL

OF !lXXAS

5%3/a