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THE 

## ATTORNEYGENERAL OF -XAS

Honorable D. H. Utley CountyAuditor, Clay County Henrietta, Texas
Dear Sir: OpinionNo. ,3-7094 Re: Can one of six common school districts composing a rural high schooldistrict withdraw from said rural high schooldistrict? Also rela,ted

questions.

follows: Your r;ecentletter to .this department reads in part as

"OnApril 24, 1941 the Clay Co, School Board of Trustees ,whileconvened in a call sessiondeemed i,t advisable and for the Publicgood to form a Rural High SchoolDist. by grouping six Common Sch, Dist,,each of which had less than 400 Scholastics,with a combined area of more than 100 Sq. Miles, This election was ordered as provided by CJhapte:~ 19-A R. S P 1925, as amended, and Article 2922 C, as amended, said eiection carried by majoritiy vote of entire composed Rural High SchoolDist, "SaidDist, ~8s establishedand has funz,tioned as such since June 7, 1941, but on ,i,he site designa,ted,

on account of scarecity of material and labor .theBuildings havenot been erected,kit the School is being held in a near by School Bldg,
'Now the Question - If one of the six Common Sch. Dist,s wants ,to

with-,drawfrom the Rural High Sch. Dist. Can they? If sowhat way may they do so? "If they can by electionwhose duty to call the election, the County School Board or the County Judge?" Art, 2922a, V.A.C.S., reads as follows:
"In each organized county in this St,ate and in any county~which shall hereafterbe organized, the county school trustees shall have 'the authority to form one or more rural high schooldistricts, by grouping contiguous common schooldistricts having leys than four hundredHon. D. H. Utleg, page 2 0

## -7094

scholasticpopulation and independent schooldistricts having less than two hundred and fifty scholastic population for the purpose of establishingand operating rural high schools,provided also that the ccuntg school trustees may annex one or more common school districts or one or more independent schooldistricts having leas than two hundred and fifty scholasticpopulation to a common schooldistrict having four hundred or more scholasticpopulation OP to an independent district having two hundred and fifty or more scholastic populationupon the approval of the board of trustees of each schooldistrict affected; provided that when one OP more commonschool districts are so annexed to a common school district having four hundred or more scholasticpopulation, or to an independentdistrict having two hundred and fifty, OP more scholastic population, as the case may be, a board of trustees shall be elected from the district at large and shall have the management and control of the district a8 enlarged until the time for the next election and qualifications of trustees for common and independentdistricts, as provided by General Law. Provided that the county school -- trustees shall have the authority& abolish 5 rural

-- m schooldistrict z a petition signed bx a maioritg of the voters of each elementarvdistrict composingthe -- -- rural high schooldistrict and when suchdIstrlcthas been abolished the elementarydistrictsshall automatically revert back to their original status,wfth the exception that in the event there are any outstanding indebtednessesagainst the said rural schooldistrict each elementarydis,trlctshall assume its proportional part of the debts, (Emphasisadded.) The underscored provfsfon of said Art. 2922a, supra, is the only authoritywe have been able to locatewherebya rural high school district can be abolished, Said provision requires 'apetition signedby a majority of the voters of each elementary district composing the rural high school district.~mphasis added.) Therefore, it is the opinion of this department that unless a majority of the voters Inm of the common schooldistricts composing the rural high schooldistrfct in question, shouldpresent a signed petition to the county school trustees requestfng the abolition of such rural high schooldistrict, such trusteeswould have no authority to abolish same. Neither is there any provision of lawwhereby one of safd common school districts can withdraw from said rural high schooldi8trict.

YOUP first question is answered in the negative.Hon. D. H. Utley, page 3 o-7094

In view of the foregoing, the other questions submitted require no answers. Very truly yours, ATTORNEY GENERAL OF TEXAS

By s/L.H. Flewellen L. H. Flewellen Assistant LKF:v:wc

APPROVED MAR 8, 1946 s/Grover Sellers ATTORNEY GENERAL OF TEXAS Approved Opinion Committee By s/BWB Chairman