Arm-rmr ~.TEP&AS **PRICE DAXIEI.**  **XTTORNEY GEXERAT.**  May 12, 1948

Hon. L. A. Woods Opinion Wo. V-572 State Suptsrintendent Departmentof Education Ariatin,.

Texas Re: Article 2880a,V, C. S. as amen%e+, concerning alien exchange teachers. Attn.% Hon. T.M. ,Trimble First Assistant
Dear Sir:

We refer to our letter of recent date wherein Vou.citeArticle 28BOa, Section 1,‘aa tiendedby B. B. 356 and S.‘B. 292, Acts 1947, 50th,Legislature, R.S., and submlt the followingquestion thereon:

“IS it necessary that such teachers be exhange% teachef: for teacher,~and school for school. Article 288Oa, Set; 3, Vernon’s Civil Statutea, as amende%,by Acts 1947, provides:

“Ro teacher’scertificateshall be Issued to an alien, authorizingsuch person to teach in the elementaryand/Or secondarypublic free schools,unless evlBence is pko%uced showing en intentionto become a naturalTie%citizen of the United States of America; an% the State’ Department of Education shall, net issue a teacher’s permauent certificateto any person wk,ls not a citizen of the United States. shall be unlawful ,for any board o’f,

trustees to contractwith any person who is an alien to teach in any elementaryand/or secondary free public school of this State unless such person o . a has declaredhis Intentionto become a citizen of the United States; an% all contractsin violationof this provision shall be .voi% and of no effect: (provided, however; this section shall not epply to any alien teacher,a subject of Great Britain or a citizen of Canada or- .

Hon. L. A, Woods, page 2 (V-572)

Hlexico,

regularlydesignated by proper authority to serve as an exchange teacher in the United States an% to teach in the public schools of Texas for not more than one year, if a like privilege is currentlygrantedby the nations named to any teacher designatedby the goveming body of a school district in this State to serve as an exchange teachqr for a period of not more than one year.) (Parenthesis

added)

of Article

Prior to the amendstent by Acts 1947, Set, 1 2880s read substantially the same as that part of the Act above quoted which is not enclosed in, parenthesis. The amendment of 1947 added that part ohclosed in parenthesisand Section 2, ,arepealing clause. The caption of the bill denotes that the previous law was amended to provi%e for the exchange of teachersby the designate%proper authoritiesin the State of Texas.

In construingthe provisionsof Artiole 288Ua as it rea% prior to the 1947 Amendment the Attorney Genera1 held that Texas law di% not authorize the exchange of a Texas teacher for a teacher of England, allowing the latter to teach during the course of ths year in Texas schoolsan% in turn allowing the former to teach in place of the latter,in the schools of &gland. Such practicewas held not to be permissible because (1) ,the available school fun% of any school district could be usrd only for the purposes therein set out (APticls 2827), ana Article 2827,~~ not authorize schoolboards to expend their money in paying the salary of a teacher who di% not teach in their particulardistrict;and (2) under Texas laws and the rules and regulationsof the State Departmentof Education it was necessary for a person to hold a teacher'scertificets befor h4,was entitled to teach in Texas schools, ter OpinionBook, Vol. 373r page 855 (I936 ., Attorneybe;rm~~~_ttional r4ason for **sizid** holdingwas that Article 2880a, as it then read, specifically provided that no teacher's certificateshould be issued to an alien unless evidence

**is** produced showing **his** intentionto becole a citizen of the United States, and schoolboards were s.pecificaliy prohibited therein to contractwith any person who is an alien unless said pemon had delcare%his intentionto become a citizen of the United States,

It is clear that Article 2880a was amendedbyHon. L. A. Woods, page 3 (V-572)

the 50th Leg., Regular Session, 1947, Chapters 281 and 282, SO as to provide an exceptionwith respect to alien teachers of Great Britain, Csnaba an% Mexico, and to permit the issuance of a one-year special teacher's certificate to such alien teachersauthorizingthem to teach in any elementaryand/or secondaryfree public school of this State without declaring intentionto become citizens of the United States,where said alien teachers have been designatedby proper authority of their'nation to serve as exchange teachers in the United States and to teach in the public schools of Texas for not more than one gear and where the like privilege is currently granted by their nation to any teacherdesignatedby a school districtboar% of Texas to serve as an exchange teacher for a like period of time.

We think that Article 2880a, as amended, contemplatesand provides that any board of trustees of a Texas school districtmay contract for the employment of such a properly designatedalien exchange teacher for one year where said teacher has obtained 8 special teacher's certificate

authorizing

him to teach.inan elementary and/or secondaryfree public school of this State, and where a like privilegebaa been currentlygranted by his named nation to any teacher designatedby any school districtboard of Texas to serve as an exchangeteacher for a like period of time. The statutedoes not require that such teachersbe exchanged teacher for teacher, or school for school. It requires simply that there be a designationof teachersby the proper authoritiesof the name% nations and that a reciprocalprivilegehas been currentlygranted by the named nations desiring to exchange teachers to teach in certainTexans public schools for a period of one year.

Your attention is directed to Section 2 of Article 2908a, Vernon's Civil Statutes,which requires certain alien or foreign instructorsto file an affidavit complying

with the provisionsof said Act.

SUMMARY Under Article 288oa, Vernon's Civil Statutes,as amendedby Acts 1947, 50th Leg., R. S., R.B. 356 and S.B. 292, it is not necessary that certainalien exchange teachers authorizedand employedHon. L. A. Woods, pbse 4 (V-572) . . -

to tebch in certainpublic schoaXs of Texas be exchangedteacher for teachep, and school for school.

CEQ:inr 

# ,&fU

Chester E. @llisti Assistant