’ -‘-.. R-754

Hon. Oraham Bruce CountyAttorney Orange County orange, Texas October 15, 1947

OpinionNo. V-406

Re: Constructionof Sec. 2, Art. III, Ch.,228,H.B. 295, 50th Leg., 1947.

Deer Mr. Bruce:

Your request for an opinion of this Department is substantiallyas follows:

?l?he Orange County School Superintendent and the Superintendentof the Orange Independent School Distrlot have requestedmy opinion
on the constructionof Section 2, Article III, of Chapter 228 of the laws enactedby the Flftieth Legislature (Ii. B. 295).

“0ll8. Is a teacherwho hae received an M. A. degree and who has completedone ,or more years of college training after having received saidM. A. degree entitled to a raise of $25.00 per month for each year of such additionalyears of college training?

"TWO. Is a teacherwho has received a Ph. D. degree entitled to receive $25.00 per month extra for each year of college training after the receipt of an M. A. degree, or to just one $25.00 raise regardless of the number of years college training requiredbetween the receipt of
an M. A. degree and the receipt of a Ph. D. degree?'
Section 2, Article III, H. B. 295, 50th Leglslature, 1947, Is in part as followsn

"Salary sdheduleand Length of Term. The base pay for classroom teachers in unaccredited schools shallbe One Hundred and Fort Dollars ($148)per month for .elght(8 3-eight months. The base pay for classroom teachers In accreditedHon. Graham Bruce - Page 2 (v-406)

schools shallbe One Hundred and Forty-eight Dollars ($148) per month for nine (9)months. The base pay for VocationalAgriculture, Vocational Home Economics, and Trades end Industries teachers shallbe One Hundred and Twenty-fourDollars ($124) per month for twelve (12)months In both accredited and unaccredited schools. Tventg-fiveDollars ($25)per month shallbe added for eachyear of colle 8

7 credit over one (1)year. SiX Dollars $6) per month shallbe added for each year of teaching experlqncenot to exceed Seventy-twoDollars ($72)per month. To receive credit for each year of college trainingbeginningwith the fourth year, a recognized Degree appropriate to each year of college trainingmust have been conferred.

. . . (Emphasisours)

The determination of your questions requires a constructionof that portion of Section 2 of Article III of saidAct which relates to Increments for each year of college trainingprior to and after the conferringof an appropriatedegree for each year of college trainingafter the fourth year. The Act contemplatesthat a teacher shall receive $25 per month for each year of college credit over one year. Therefore, a teacherwith,two years of college trainingwould receive a $25 increment,and for threeyears $50. Beginning with the fourth year a degree appropriate to each year of college trainingmust have been conferred to be entitled to an additional increase. The teacherupon whom a B. A. degree, OP Its equlvelent, Is conferredwould be eligible for $75 and sn additional year's work and the conferringof a Basters degreewould qualify a teacher for $100. This Department interprets the provision relating to a Ph. D. degree 8,s meaning that
a teacher would not be entitled to an additional Increase until the Ph. D. degree is conferred,at which time an additional Increase of 50 would be allowed qualifying the teacher for a total of t150 in increments. A Ph. D. degree presupposes two years of additional college training. No extra increase Is allowed for the Interveningyears of collegework, but the same Is predicatedupon the conferping of a Ph. D. degree. The Increase In pay is condlHoned upon en approprle.te degree for eachyear of college trainingbeginning with the fourth year. It Is our opinion that the foregoing is a reasonable and proper constructionof said Section 2, Article III, of the Bill end that both your questions shouldbe answered in the negative...I.

Eon. Graham Bruce - Page 3 (V-406)

Since the enactment of the provisionunder dlscusslon, the State Department of Educationhas adopted the practice of allowing $25 per month increase for a Wasters degree and $50 per month for a Ph. D. degree. It Is the opinion of this Department that such a construction placed upon the Act In question Is reasonable and sound and in the absence of Texas authority to the contrary, the departmental construction shouldbe followed.

SUMMARY

A teacher, upon whom a Basters degree Is conferred, is not entitled to $25 per month Increase in pay for each year of additional college traininguntil the Ph. D. degree is conferred. When the Ph. D. degree Is conferredQ such teacher is entitled to an addltlonal 50 per month. The lhrement or Increase In pay allowed In Section 2 of Article III, B. B. 295, 50th Leg., Is predicatedupon the receipt of an appropriate degree for each year of college trainingbeginning with the fourth year.
Very trulyyours

ATTORNEY GENERAL OF TEXAS

BWrdjm 7 Burn811 Weldrep Assistant

ATTORNEY GENERAL