### THEA'PPIL‘ORNEY GENXZRAL OF TEXAS
**AUSTIN 11.**  **-AS** March 12, 

### 1963

Honorable J. W. Edgar Opinion

### No.C-35 Commissioner of Education Austin, Texas Re: Can either a single or a consolidated common school districtbe converted into a rural high school district under Articles 2922a-2922c, Vernon's Civil Statutes, or Dear Dr. Edgar: any other school law?

You have written asking if a County SchoolBoard, under' the authority of Articles 2922a-2922c,Vernon's Civil Statutes, or any other school law,may convert either a single or a consolidated common school district Into a rural high school district. c \ The relevantportions of Article 2922a provide:
"In each organized county in thisestate, and In any countywhich shallhereafter be organized, the county school trustees shall have the authority to form one'ormore rural~high school districts,b --yz2?&st~~~"~~~;u;~~~ school districtshav ng (400) scholasticpopulation and independent school districts having lessthan two hundred fifty (250) scholasticpopulation, for the purpose of establlshing and operating rural high schools;provided, also, that the county school trusteesmay annex one or more common school districts or one or more independent school districtshaving less than two hundred fifty (250) scholasticpopulation to a common school districthaving four hundred (400)or more scholasticpopulation, or to an Independent districthaving two hundred fifty (250) or more scholasticpopulation,

. . .' (Emphasisours). Article 2922c reads as follows: "No rural high schooldistrict, as provided for herein, shall contain a greater area than one hundred squaremiles, or more than ten elementary school districts, except
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### (C-35)

that the county school board of school trusteesmay formrural high scnool alstricts, as provided in Article 2922a, con-' tainingmore than one hundred squaremiles, upon a vote of a majority of the qualified electors in the said proposed rural high school dlstrict~

voting at an election called for such purpose; and provided further/that the said board of county school trusteesmay form a rural high schooldistrict containing more than ten elementarydistricts upon a'vote of a majority of the~qualifiedvoters in each of the elementarydistricts within such proposed rural high school district." The leading case construing these statutes is Statev. School Trustees of Shelby County, 150 Tex. 238, 239 S.W 26 (7 (lY!dJ
. It construesArticle 2922a to provide two methods of strengtheningand Improving rural schools:

(1) creation,,of

rural high school districts through grouping" and (2) strengtheningexisting common and independent districts through annexation. In construingArticle 2922c, the Court held: "Thisarticle does not purport to confer on boards of county school trustees the power to create rural high school districts. It is but a limitation on the power conferredunder the first part of Article 2922a,with exceptions to the limitation. Bell v. Dltmore, Tex.Clv. APP., 

### 38S.W.2d 397." Thus, we can find no languagewithin either Article 2922a or Article 2922c, which would authorize the County School Board to convert a common school district, either single or consolldated, into a rural high school district,

An examination of the other school laws reveals that under Article 27423,Vernon's Civil Statutes,a common school districtmay be converted into an independent schooldistrict. Similarly,Article 2922L 

### (5), Vernon's Civil Statutes,authorizes the conversion of a rural high school district into an independent school district. However, we can find no statute authorizing the conversion of an existing common schooldistrict, whether single or consolidated, into a rural high school district.
-1491Hon. J. W. Edgar, Page 3 (C-35)

SUMMARY

An existing common schooldistrict, either single or consolidated, cannot be converted into a rural high schooldistrict.
Yours very truly,

WAGGONER CARR AttorneyGeneral

By '@- -, . Bill Morse, Jr. Assistant BMjr:mkh:ms APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Murray Jordan Scott Garrisbn Samuel Strong Pharr Malcolm L. Quick APPROVED FOR THE ATTORNEY GENERAL By: Stanton Stone

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