Arm-rmr ~.TEP&AS 

PRICE DAXIEI. 

XTTORNEY GEXERAT. 

May 12, 1948 

Hon. L. A. Woods Opinion Wo. V-572 

State Suptsrintendent 

Department of Education 

Ariatin,. Texas 

Re: Article 2880a, V, C. S. 

as amen%e+, concerning 

alien exchange teachAttn.% Hon. T.M. ,Trimble ers. 

First Assistant 

Dear Sir: 

We refer to our letter of recent date wherein Vou.cite Article 28 B Oa, Section 1,‘aa tiended by B. 

B. 356 and S.‘B. 292, Acts 1947, 50th,Legislature, R.S., 

and submlt the following question 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’s certificate shall be 

Issued to an alien, authorizing such person to teach in the elementary and/Or secondary public free schools, unless evlBence is pko%uced showing en intention to 

become a naturalTie% citizen of the United 

States of America; an% the State’ Department 

of Education shall, net issue a teacher’s 

permauent certificate to any person wk,ls 

not a citizen of the United States. 

shall be unlawful ,for any board o’f, trustees 

to contract with any person who is an alien 

to teach in any elementary and/or secondary 

free public school of this State unless such 

person o . a has declared his Intention to 

become a citizen of the United States; an% 

all contracts in violation of 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, regularly designated 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 

currently granted by the nations named 

to any teacher designated by 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 parenthesis and Section 2, ,a repealing clause. 

The caption of the bill denotes that the previous law 

was amended to provi%e for the exchange of teachers by 

the designate% proper authorities in the State of Texas. 

In construing the provisions of 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 schools an% in turn allowing the former to teach 

in place of the latter,in the schools of &gland. Such 

practice was 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 school boards 

to expend their money in paying the salary of a teacher 

who di% not teach in their particular district; and (2) 

under Texas laws and the rules and regulations of the 

State Department of Education it was necessary for a 

person to hold a teacher's certificets befor h4,was entitled to teach in Texas schools, 

ter Opinion Book, Vol. 373r page 855 (I936 ., 

Attorney be;rm~~~_ttional r4ason for sizid holding was that Article 2880a, 

as it then read, specifically provided that no teacher's 

certificate should be issued to an alien unless evidence 

is produced showing his intention to becole a citizen of 

the United States, and school boards were s.pecificaliy 

prohibited therein to contract with any person who is an 

alien unless said pemon had delcare% his intention to 

become a citizen of the United States, 

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

the 50th Leg., Regular Session, 1947, Chapters 281 and 

282, SO as to provide an exception with 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 teachers authorizing them to teach in 

any elementary and/or secondary free public school of 

this State without declaring intention to become citizens of the United States, where said alien teachers 

have been designated by 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 teacher designated by 

a school district boar% of Texas to serve as an exchange 

teacher for a like period of time. 

We think that Article 2880a, as amended, contemplates and provides that any board of trustees of a 

Texas school district may contract for the employment 

of such a properly designated alien exchange teacher for 

one year where said teacher has obtained 8 special teacher's certificate authorizing him to teach.in an elementary and/or secondary free public school of this State, 

and where a like privilege baa been currently granted by 

his named nation to any teacher designated by any school 

district board of Texas to serve as an exchange teacher 

for a like period of time. The statute does not require 

that such teachers be exchanged teacher for teacher, or 

school for school. It requires simply that there be a 

designation of teachers by the proper authorities of the 

name% nations and that a reciprocal privilege has been 

currently granted by the named nations desiring to exchange teachers to teach in certain Texans 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 instructors to file an affidavit complying with the provisions of said Act. 

SUMMARY 

Under Article 288oa, Vernon's Civil 

Statutes, as amended by Acts 1947, 50th 

Leg., R. S., R.B. 356 and S.B. 292, it 

is not necessary that certain alien exchange teachers authorized and employed 
Hon. L. A. Woods, pbse 4 (V-572) 

. . - 

to tebch in certain public schoaXs of 

Texas be exchanged teacher for teachep, 

and school for school. 

CEQ:inr 

,&fU 

Chester E. @llisti 

Assistant