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.- 

### R-564

Hon. BI‘S, Kieke 

### OpinionNoaV-274 County Attorney Lee County R.: Effect ofActs 1947, 

### Giaabgs, Texas 50th Leg,, R,S,,-HqBe 

### 300 onArt, 2883, VoC9S,, relative te Dear Sir: tea&e&s salsry,

We refer to your letter of mcent date acknowledged by the Attorney General onJUne 9, 1947, wherein YOU r8qU8st atIOpinion COnC8rning the 8ff8Ct, if any, ofActs 1947, 50th Legislature, R. S., H. B. 

### 300 

## (00difieaasArticle 2891-l# v.cose) eaArticle 2SS3, V.C&B~ rslaBiv8 to salaries ofpublio school teachers,

Th8 Sp8CifiC Situation and qUeStiOn subItdtt8areads as follows:

"The Lincoln Cemm~n Schoel Dietrid, in this county, has no local maintenance tax+ Will the tivstees be pennittea to enter into a contract with a teacher holding apermanent teacher's certificate, to pay him in 8xee88 or $150 permonth for taaohing?"

**drtiCi8 26$3,**  v&i?.s. b8titd8d byAC@3 19211 37th Legislature, R.S., page,211, authorizes schoo2. trustees to determine the salary to be paid sohool t8achars in their

## aistrim anaprovidesthemaximum monthly salaries which may be paid such teachers out of the I Public FI'88Sohool Fund by a district which dO8s not levy and coll8ot a looal

## maintenenee taxa themsxim~m salaries payable being dep8ndent upon and to be detarmined by the kind of teacher's certificate the teacher 

### holds,

Aote 1947, 50th Legislature, R,S,; H-B, 300, Ch. 109,

## COdifi8a as Article 2891-1, v, c. s., in mallaatory 1aDguage authorizes sohool districts maintainingan aCC!?di8#4d or aifiliafX& SOh0d or St38kiM aoCreditation

## anaaffiliation to iIOtmnl3nathe ~l&i& to6s paid school

## tra&here in their dietriot, ahd prtid8s a ainimm amual salary of a **bbgfnaing** full-time teacher who holaa a ~OOgRiZ8a bachelor38 &egree 0f not less than 82000 with inor8&8nts above themitium for additional college training, ana for experience ana efficiOnoy base& 00.a sohedule prrwfded in th8 State Equal== ization%aw, which shall be paid by all district Whether or noWthere is levied and colledea a local maint8mtD38 tax inthe dietriot, under Seatlen 2~0rB, B. 300, h0W8V8r, ii:the total rOV8llU8Of a school diOtriCt,
as sgt out in theAot to be oonslaerea by the aistrict providing apay sohedule for its teachers, is not sufficient topermit the payment of theminimum anmal salary therein provided, then the district shala pay to its teacbsrs ths highest poss%?318salaries with the reveillle

available for'suoh purpose.

, 38otion 4 ofH, Ba 300prmide&: "j&y law of wrta Of lawa in conflict with the provieions of this Act am repealed in so far as such cshflict is conoerned
. 9 em

Sections 1and 2 of H, B, 300 by its terms **governs** and controls sohool trustees in school.districtO ~intaining an aooredlted or affiliated school, or seeking aooreditation or affiliatiom, in thematter of minimwn annual teacher'8 salaries whioh shall be paid by .saiddistriot to its full-time beginning teachers who hold arecognized baCh8lor's **degree.** Thus, kticle 2883 to the extent itprovides 

### formaximum monthly salaries 

### sf school teachers in such school districts to be determin8d by the kind of teacher's certificate they may hold is in dir8Ot conflict with the provisions of 8. B, 300, and ammrdingly, is repealed by Section 4%h+m8of,

With respmt, however, to teachers wmploybd fi &&hools which are not accredited or affiliated schools and which are hot seeking accreditation or affiliatien,
ws believe the provisions ofArticJe 2883 are applioabl8 .and contr01 the school trustees in themaximum salary payment which may be paia to the teachers thereof out Of public school f?UIaSwhen the district aO8S not 18Vy ana collect a local maintenance tax,

Ref8rriIlg**IIOW**t0 JroUrqUet&iOll,it-is Our &apiniOnthet the trustees ,ofa school district, whether,-

.:

Hon. M. 5. Kieke -Page 3

or not it has a local maintenance tax;are governed by the provisions ofH. B. 300, 50th Leg,, in the payment ofminimum salaries to its t8aOherS~ if the teacher holds a recognized bachelor's de$xWe ad iSdIUpiOy8d to teach in an accredited or affiliatea schodor one seeking accreditation or affiliations If, however, the school inwhich suoh teacher is 8mplOy8a to teach isnot accredited or affiliated, nor seeking acoreditation or affiliation, or the teacher dees not hold a -recognized bacQelor*s degree, themaximum salary which may be'paid to said'teacher by a school district which has no local main%enance tax is'governed by the provisions ofArticle 28S3, V. C. S.

The trustees of a school district, whether or not it has a localmdntenance tax; are governed by the provisiuns ofH.B, 300, 50th Leg., in the payment ofminimum salaries to its teaahers, if the teaoher hold8 a rsoognizea baohelor's degree and is employed to teach in an aeore&iteclor arriliated school 

### orone seekiag acmealtaticn or arriliation. Ir,'howevbr, the school inwhich such teacher is~e?nployed is not acareaited or affiliated, nor seeking accreditation or affiliation, or if the teacher does not hold a recognized bachelor's degree, the max5.m~ salarywhich may be paid to said teacher by a sohool distriot whioh has no looal naintenanoe tar is governed by the provlsiona ofArt* 13883, V.C.S.

Very truly yours,

ATTORNltYGENBEtALOF m

Es2 By-r'a

. ATTORUEYGENERAL Chester YL Ollison Assistant