THE 

# ATTO NEYGENERAL
O~TEXAS

AUSTIN,TEXAS

October 11, 1949

Ron. Wayne L. Rartman County Attorney Dewitt County Cuero, Texas Opinion No. v-932.

Re: Applicability of the "private-parochiai clause" in S.B. Ro. 116, 51st Legislature, Wh8Zlthedistrict has been enlarged orreceives scholastics under contract.

Dear Sir:

Your letter inquires the effect on theprofessional unit eligibility ofa "private-parochial district* of enlargement of thedistrict orreceipt by the district of cootracted scholastics.

"Professional units" are ameasure of the State aid tobemade available toa public school dlstrict, and "private-parochial districts" are those public school dlstrlctimentloned in the fifth paragraph of Section 1,Artlcle~III, Senate Bill Ro. 11.6, Acts 51st Legislature 1949, which reads:

"Provided further, that for the school year 1949-1950, and for such school year only, a school district, containing a private orparochial school, which received salary aid from the State Equalization Fund for the 1948-1949 school year and was eligible formore teachers for the 1948-1949 school year than it Isunder thegeneral providons of this Act for the 1949-1950 school year, shall be approved for pro- * fessional units ina number not to exceed its 1948-1949 eligibility, provided that such professional unit ellgibillty shall not exceed one classroom teacher unit for each twenty (20)pupilsHon. Wayne L. Hartman -Page 2 (V-932)

in average daily attendance in the public schools of the district for 1948-1949 school year."

Pertinent to COnSid8ratiOn of the third paragraph of the same section which prsVid8S inpart: the

thisproblem 1s ofArticle 111,

n any school district which is not'a'd&mant district ject to theapproval of thibo.&%'hf subtrUSt88S Of the districts Concerned, the County Superintendent, and the State Commissioner ofEducation, contract for a period of one year to transfer Its entire scholastic enrollment

. . .toa contlguous district,

. . .the combined daily average attendance shall b8 used indet8ITUiningthenumber OfprOf8SSional units forwhich the receiving district Shall be eligible."

Also pertinent to the question is this language in the first paragraph of the same section ofArtic18 111:
"

. . .where a school district is consolidated or contracted with another district, orWhere a school district or part ofa school district Isannexed to another district ordistricts.

. .or Where forany reason there isamarked increase or decrease.in the attendance ofany school district, adjustments in professional allotments shall bemade by the State Commissioner ofEducation."

All of the provisions of this section,taken together, are a comprehensive basis for determination of the professional units tobe allowed each school district under theFoundation School Program of 1949, and the quoted provisions mUSt be viewed as forming but parts ofa aomprehensive Scheme, no part ofwhich is designed t0 penaLi. any type Of school district inr8- latlon to Other districts Under the program.

Does the above language of the fifth paragraph, 'a school district, containing a private orparochial school, which received salary eid from the StateHon. Wayne L. Hartman - Page 3 (v-932)

Equalization Fund for the 1948-1949 school year," have application only to that exact geographical district which 8XiSt8d in the 1948-1949 school year? W8 think not. The act does not Categorically SO State. W8 f881 it reasonable toview this langW3g8 as contemplating that school district which received salary aid last year and now contains a private orparochial school,lrrespective of incidental alterations in Its geographic limits or its scholastic load. Being that specific type ofdistrict contemplated by the fifth paragraph, this "private-parochial district" may have asmany professional units this school year as Ithad lastyear, provided, of course, that this 8ligibility does not exceed one Classroom teacher unit for each twenty pupils inaverage daily attendance last year as theact speclfi8S.

If this "private-parochial district" has received the scholastics ofa contiguous district under a proper transfer contract, the district also comes within the provisions of the third paragraph of Section 1, whereupon itsprofessional unit allocation can be predicat8d on the combined average daily attendance. The Act dO8S not provide that this district may combine its professional unit eligibility under the "private-parochial clause', on the one hand, with the~average dallyattendance from the contracted district, on the other hand; but we hold that the presence ofa private orparochial school in thedistrict does not deprive thedistrict of Its eligibility for professional units based
on the combined average daily attendance which follows
a proper transfer contract.

Finally there remains tob8 considered that broad general power vested in the State Commissioner of Education by the first paragraph of Section 1;namely, he shall adjust professional unit 8ligibiliti8S inaccordance with the equities presented. If the district in question feels Its professional unit allotment Is inadequate under either the fifth paragraph or the third paragraph of Section 1, the district canapply to the State Commissioner ofEducation for such adjustment in Itsprofessional allotment as the Commissioner finds warranted by the specific alteration in theattendance of the district found "forany reason' to exist.Hon. Whyne L. Rartman -Page 4 (V-932)



### SUMMARY

Under the provisions of Section 1a school district which contains a private
orparochial school and received salary aid from the Stat8 Equalization Fund for the 1948-1949 school yearmay have theprofessional units forwhich itwas 8ligible in that school year despite a SUbSeqUent annexation or contracted transfer of scholastics. A school district which has received scholastics Under a proper contract of transfer may have professional units based upon the combined average daily attendance regardless of the fact that the district also contains a private orparochial school and received salary aid from the Stat8 Equalization Fund last year.

A school district which for any reaSonhas experienced amarked Change in its scholastic attendance may apply to the State Commissioner ofEducation for such adjustments in its professional unit allotments as the Commissloner may find warranted by the specific circumstances presented.
Very truly yours,

ATTORNEY GENERAL OF TEXAS

DBI:eb David B. Irons AdminiStratiV8 Assistant -

FIRST ASSISTAET ATTORNEY GENERAL

.