**OFFICE OF**  **THE ATTORNEY**  **GENERAL OF**  **TEXAS AlJSTtN** 

**c. @b&D** **c. MANN** 

**- ”**  **.UU-.**

Honorable X. E. Griffin **county iLttornsp**  Young Co-Q Graharc, iexas

Dear sir:

*e ere in reoeipt ot aieb you request the opinion of whether a board of aonmon oontraote with three tea&a 87erage dally attendanoe 18 You &ate 

### thnt the ~%ehool does not have any ne e atate aid in.my nnnner.* ing such oontraets will not 

### createa &eSici
0, Betised Civil Statutea,

make croatract~ 

### with la or their dlatriot, 

### but

they may hare settled in such dietriot ainee the seholaafie aenaue was taken, shall be entitled to receive all the benefits oi the aehool~ or such dietriot. Ia a diet-riot that levies a spedal sohool tax the truetees sh&l hare the right to fnorease the aalariee of tea&em and the scholaatle age, an(lmap also have the dohoole taught longer than six aotlths, if it is deemad advisable.*

### Eon. '. i;:. Griffin,key 2, 1939,&ge 2

IX ;in&etou v. 

### wmtin,.,jT.C.k.1901) 65 :~.:.. 606, the court had th:s statutebefore it?or consideration j.z e case in which three teaci.uro **tea** 

### bee- hired bi:Lthe avera;edaily attendar,ce was kss than G5 pupils. Tke contractof e&ploy:.ent bad **been** 

### approvedby the;county superictendent,but he refused to approve certain salaryvouchers issuedtc tbe teaaher. In holding the contractbinding On 

### the district, 

### the court stated:

"Construingtogetherarticles 3946, 3559, 3959aand 3961,,R.i:.1895 (ocwcontained 10articles 2750k 2749, R. C. S. 3.9251,

we are 

### of opinion that the trusteesare therein empowered to ascertain the existenae of the $aats rendering the employment ot assistants neoessary; that the exeroise or this power is Judicial, not ministerial, rests solely woith them, and Is a matter with whlah the teaahers hate nothing to do. having exeralsed the power by appointing the tsaoher, the disoretlon thus **.axaraiBeb oannot**  **be disturbed**  **or** inquired into %a prooe&lng of thls'aort, espeol~lly 5.nview of the **raot** 

### that the oouaty.superintsndent approved their **aotion** in this ease, ana approved the teaoher*s **oontraot so**  made.* The governing xule on this question is analogous to that nhioh **controls** where the legislaturs **is required**  **to pa68** 
**no speoial**  **law until**  **notioe iCgiren**  **a6 r%quir+d**  by the oonetitPtion. If such a law is passed the oourts will oonolu~i~elp presume that they, la the exercise of the jadloial 

### power thus oonferred, hare founA the preeeaee OS the Zaets whloh authorired them to ast. Of oourse; we do not mesh to say that the judloial 

### powersof 

### sohtil trastees **is** In any sense so absolute. Xi this riew of the law **is** aorreot, then appellaat~s wife, the teaoher Ia this oase, hailthe right to aooapt the employment tendered~ and, having bouad themselves by a legal eontraot, the oounty authorltlea cannot 

### andoughtnot to be heardto qusstion theralidlty 

### of the oontraet 

### somade. To hold othenrlse would be to seriously oripple our publfa suhool **Bydam,** for teaohers would then have to asoertain at their psril the existence of the **faots** authorizing their appointment. Suppose the trustees hail aotuslly met and deter&ned that the average dally attendanoe had 

### reached85, andhad oontractedwith plaintiff' as they did, ana suppose she 

### had thereafteractually taught,, but the average attendanoe of 85 had not been maintaineg.':after she began, end suppose 

### itwas aftexwardsascertainahthat the average baily attendancehad neverat any time reaohed eight+five, and that the trusteeshadmade an honest mistake in so finding;

### EOZ

. &_.I:. Griffin,Ay 2, 1939,Pape 3

couid it be held, 6.s ar,ysound principle, ibat x.iie teacher mist lace tke mward for--Ler servicesbecause of this zistake?~ Lr silppose the teacher seekinp empioymtint should differ iith the trusteesas to Che facts,and should refuse to coiltract'c

2'hetrusteesro,xidthen **be** 

### robbed Or 

### this necessarydiscrntiou, and it would be transferredto teachersnot yet in any way connectedwith the school. This necessarydiscretionn;ustbe placed soltewhere, in order to render the system efficient, 

### and it has been distinctlyplaced in the board of trustees. ;$a bold, thereiore, that ii:e attendancewas a matter 

### with which the 

### teacher had nothing to do, and that the contraot made with her by the board and approved by the auperfntendent wa6 ralid."


### In riew of the conetruotl.on plaoed upon Article Z78Q by the oourt in the foregoing aam; you ar6 advised that valid tsaohere' contracrts may be eseouted ~by the **board of**  

## trustsas **of** a 00m-m school district 

## under the faote 6tated, 

## pmPia6a. however, that such contraots are approved 

### by the oounty.6UpOr~t6ndant.



### ATTOI2MEYGEREIULOFTEXAS

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