Hon. J. W. Edgar Opinion No. M- 800 

Commissioner of Education 

Texas Education Agency Re: Several questions relating 

201 East 11th Street to compensation of personnel 

Austin, Texas 78701 under the Foundation School 

Program, Article 2922-14, 

Vernon's Civil Statutes, and 

Dear Dr. Edgar: related statutes. 

We quote from your letter requesting an opinion from 

this office in part as followsr 

"In Article IV (Salary Schedules) of Senate 

Bill 116, 51st Legislature, R.S., 1949, as last 

amended by Section 1 of House Bill 240, Acts 61st 

Legislature, R.S., 1969, at page 2638, Sections 

3 and,4 provide as follows: 

"The total cost of professional salaries allowable for purposes of this (Foundation Program) 

Act shall be determined by the.applicatSon of the 

salary schedule to the total number of approved 

professional units, provided that such professional 

units are serviced by approved professional position 

employments. 

"Section 4: 

"The annual (minimum) salary of personnel authorized for employment under 'the . . . Foundation 

School Program for the school year 1971-72 and for 

each year thereafter shall be the monthly base 

salary, plus (grade step) increments, as prescribed 

in the 'Texas State Public Education Compensation 

Plan' In subsection (l), multiplied by the number 

of months prescribed in the position description 

for each respective position. 

"Subsection (2) furnishes description, required preparation and education, pay grade and 

the number of months payment authorized for each 

-3881- 
Dr. J. W. Edgar, page 2 (M-800) 

position under the TSPE Compensation Plan. Such 

stipulations are teachers with Bachelor or Master's 

degrees are as follows: 

"Pay Grade Number Class Title Description of Required PreparaMonths Position tion and Education 

Paid 

7 10 Teacher, B.A. Teach at grade level Degree, no deficor in teaching field iency in profesfor which prepared, slonal education 

under general super- or in teaching 

vision only. field. Fully certified. 

8 10 Teacher, M.A. Teach at grade level Master's degree. 

or in teaching field Certified. 

for which prepared, 

under general supervision only. 

'From Its enactment in 1949 until presently, 

the Foundation School Program's formula for the 

allocation of classroom teacher units has never 

defined or specified the duties of a classroom 

teacher unit, See Article III of Senate Bill 

116, Acts 51st Legislature, R.S., 1949, and as 

last amended in Section 2A of House Bill 240, 

supra. Thus, since the inception of the Program Act, a number of school districts have 

listed on their Foundation Program rosters, in 

reporting the utilization of allocations for 

classroom teacher units, locally assigned personnel (fully qualified and oertified to teach) 

who are performing administrative positions, 

such as assistants to the superintendent, personnel administrators, business manager, and/or 

purchasing director. 

"Most districts following such practice employ 'excess' teachers, viz., teachers In excess 

of the number allotted the district under the 

Program formula; who are paid from local funds. 

In those districts not employing 'excess' teachers, 

the number of persons utilized in administrative 

positions and listed on the Foundation Program 

-3882- 
Dr. J. W. Edgar, Page 3 (M-800) 

roster plus the classroom teacher units actually 

assigned to teaching on the campuses does not exceed their classroom teacher units allotted. 

I, 

. . . 

"(1) Do the position descriptions assigned 

for the class designated 'teacher' in the . . . 

Public Education Compensation Plan preclude school 

districts from placing certified administrative 

staff personnel on the Foundation Program roster 

in the utilization of Its classroom teacher units 

allotment? 

"If the answer to(l) is In the negative, and 

the practice above described legally may continue, 

beginning 1971-72: (2) Should the practice be 

limited to those school districts that employ at 

least as many 'excess' teachers as the number of 

administrative personnel that are placed on the 

Foundation Program roster In the utilizing of its 

classroom teacher unit allotment? 

"Subsection (1) of Section 4 as appears in 

Section 1 of House Bill 240 at page 2639 is a 

statutory chart providing for and entitled: 

Salary By Steps Above Base. It stipulates that 

'Each individual will move to the step in this 

schedule immediately above the monthly rate 

received in 1970-71 and shall advance thereafter one (1) additional step with each added 

year of experience until the maximum is attained.' 

"This salary-grade-step provision prese,nts 

problems in the position: Pay Grade lo-Instructlonal Officer I (serve as part-time principal 

on campus with 19 or fewer teachers); and position: 

Pay Grade 14-Administrative Officer V (serve as 

superintendent of system of 3000 ADA or less). 

"Re Pay Grade 10 problem: For the current 

1970-71 school year, part-time principals for 

salary purposes are divided Into two categories: 

Part-time principals (designated as head teachers) 

--who serve one campus with'3 to 6 classroom 

teacher units; and second,--who serve in an 

-3883- 
Dr. J. W. Edgar, page 4 (M-800) 

accredited 12-grade high school district with 

fewer than 9 classroom teacher units. See subsection (6)~ on page 2637, Acts 61st Legislature, 

R,S. In 1970-71, such (head teachers) part-time 

principal units are allotted a Foundation Program 

salary of 1.08 times the monthly salary he would 

receive as a classroom teacher multiplied by 10 

(months). See Item HEAD TEACHERS on page 2636, 

supra. 

"In 1970-71, the cited law further provides 

that all other Part-Time Principals shall receive 

1.15 of the monthly teacher salary multiplied by 

10. 

"In 1971-72, however, the Compensation Plan 

does away with the categories (head-teacher parttime principals.) It provides for part-time and 

full-time principals on Pay Grades based on the 

number of 'teachers' on the school campus where 

they serve. Question (3). 

"For 1971-72 must those part-time principals 

who served as 'head teachers' in 1970-71 and who 

continue to serve as part-time principals (on 

campuses with the from 3 to 6 classroom teacher 

units, or an accredited high school district 

with fewer than 9 teacher units) be placed in 

the Pay Grade 10 step immediately above the 

monthly rate received in 1970-71? 

7, 

. . . 

"Re Pay Grade 14 problem: For the current 

1970-71 school year, superintendents in districts 

with 600 or less ADA (average daily attendance) 

have a minimum Foundation Program salary computed 

at 1.30 of the monthly teacher salary multiplied 

by 12. Superintendentsin districts of 601 to 

5000 ADA have such salaries determined at 1.50 

of the monthly teacher salary multiplied by 12. 

See page 2636, Acts 61st Legislature, R.S. 

Question (4): 

"For 1971-72, must superintendents who in 

1970-71 were superintendents in districts of 

600 ADA or less and who continue to serve as 

superintendents in such size districts be placed 

in that step in Pay Grade 14 immediately above 

the monthly rate received in 1970-i'l? 

-3884- 
Dr. J. W. Edgar, page 5 (M-800) 

,t 

. . . 

"As heretofore noted in Subsection (2), the 

Compensation Plan provides for Pay Grade status 

of part-time and full-time principals based upon 

the number of 'teachers' on the campus where they 

serve. As provided in the Foundation School Program law, principal units are allocated on a 

district-wide basis according to the number of 

approved classroom teacher units allotted to the 

district. See Section 16.18, Texas Education 

Code. Question (5): 

"Does the word 'teachers' as used In the 

Compensation Plan for Pay Grade placement of parttime principals (Instructional Officer I and Instructional Officer II) mean Foundation School 

Program formula classroom teacher units only-- 

or may 'teachers' be construed to mean all teachers 

that are under the supervision of the campus parttime principal: including vocational, special 

education, 'excess' teachers, and teachers paid 

from Federal funds? 

11 

. . . 

We will answer your questions in the order in which 

they are submitted. 

1. 

Our consideration of the meaning of the term Itteacher" 

with reference to "classroom teacher professional units", as those 

terms are used in the now existing school laws requires that we 

consider in pari materia the provisions of, 

a) House Bill 240, Acts 61st Legislature, 

Regular Session, 1969, chapter 872, page 2634, 

and more particularly the provisions of Section 

2A of said Bill at pa e 2645 wherein they comprehend Subsection (1 7 of Section 1 of Article 

2922-13, as re-enacted by the 61st Legislature 

and as codified by Vernon; and 

b) Section 16.13 of the Texas Education 

Code, as enacted by the same Regular Session of 

the 61st Legislature. 

-3885- 
Dr. J. W. Edgar, page 6 (M-800) 

The provisions of House Bill 240 must be given preference where 

they may conflict with the Code.1 

In comparing the provisions of Section 2A of House Bill 

240 with those of Section 16.13 of the Texas Education Code, It 

is obvious that some of their respective provisions which pertain 

to the allocation of classroom teacher professional units to school 

districts are in conflict. However, neither Section 2A of House 

Bill 240 nor Sections 16.07 and 16,13 of the Texas Education Code 

in any manner define or otherwise specify the duties of a 'classroom teacher." 

Positions, 

In view of the language cgntained in "Description of 

Assigned to Class Title, as set forth in Subsection 

(2) of Section 4 of Section 1 of House Bill 240 (Article 2922-14, 

Sec. Q(2), V.C.S.), we have concluded that the word 'Teacher, 

B.A." and 'Teacher, M.A.", as those position designations and 

such "Class Title" 

and 8 (H.B. 240, 

are used in the quoted Pay Grades Numbers 7 

page 2641) should be construed to mean class 

room teachers only. The "Description of Positions Assigned to 

Class Title" applicable to these two classes, reads: 

"Class Description of Positions 

Title Assigned to Class Title 

"Teacher, Teach at grade level or 

B.A. in teaching field for which 

prepared, under general 

supervision only 

"Teacher, Teach at grade level or in 

M.A. teaching field for which 

prepared, under g$neral 

supervision only. 

1 Both the provisions of Section 1 of H.B. 240 and of thkwT;;;s 

Education Code became effective on September 1, 1969. 

Section 5 of the Code provides, "If any act passed at the same' 

session of the legislature conflicts wi$h any provision of the 

Texas Education Code, the act prevails. Section 2 of the Code 

repealed prior Article 2922-13, as enacted in 1949; an Article 

of similar content, bearing the same number, was re-enacted by 

the same session of the 61st Legislature. 

-3886- 
Dr. J. W. Edgar, page 7 (M-800) 

These two statutory provisions must be construed in pari 

materia with Sections 16.07 and 16.13, Texas Education Code, 

wherein teacher classifications are set out to effectuate the 

Foundation School Program. The term "classroom teachers" is 

used in Section 16.07 as distinguished from the other professional 

positions or units listed In that Section. The 'classroom teacher 

professional units" shall be determined and teachers alloted in 

the manner prescribed by Section 16.13. 

Our opinion is that the practice of certain school 

districts described in connection with Question No. 1 ma not 

legally continue beginning with the school year 1971-7 T!-sECkfS . 

Law Dictionary, 4th Edition, defines 'teacher" as follows: 

"Teacher --one who teaches or instructs; 

especially, one whose business,,or occupation 

Is to teach others; preceptor. 

In view of our answer to your first question, we are not 

required to answer your second question. 

Ouranswer to your third question, based upon the 

position classification schedule set forth in House Bill 240, 

at pages 2640-2644, is that for the school year 1971-72 those 

"part-time principals" who served as "head teachers' (on campuses 

with from 3-6 classroom teacher units, or an accredited high 

school district with fewer than 9 teacher units) during the school 

year 1970-71 and will continue to serve in such size districts 

during 1971-72 should be classified In Pay Grade 10 at the step 

immediately above the monthly rate received during 1970-71. 

3. 

In answer to your fourth question, our opinion Is that 

superintendents who in 1970-71 were superintendents in districts 

of 600 ADA or less and who will continue to serve as superintendents 

in such size districts during 1971-72 should be classified in Pay 

Grade 14 at the step Immediately above the monthly rate received 

during 1970-71. 

Article 2922-14, Vernon's Civil Statutes, as amended in 

1967 (Acts 60th Leg., Reg.Sess., ch. 721, page 1849) was repealed 

by Section 2(a) of the Texas Education Code which was enacted by 

the 61st Legislature, Regular Session, in 1969, to be effective 

-3887- 
Dr. J. w. Edgar, page 8 (M-800) 

September 1, 1969. The provisions of this repealed Article 

2922-14, contained in Its Section 1, subsection 6, relating 

to the compensation of princi&al: were carried forward into 

Section 16.37 of the Code. However, the same Regular Session 

of the 61st Legislature also re-enacted a new Article bearing 

the same number Article 2922-14 (as codified by Vernon, same 

being Section 1 of H.B. 240, ch. 872, p. 2634). This new Article 

2922-14, in Its Section 4, subsections (1) and (2) (shown in 

H.B. 240 at p. 2639-2644) also makes certain provisions relating 

to salaries and classification of part-time principals. 

Any conflicts between this new Article 2922-14 (H.B. 

240) and the Texas Education Code (H.B. 534) both having been 

enacted at the same regular session of the 61st Legislature, 

are to be resolved by giving preference to the provisions of 

Article 2922-14. This is because Section 5 of the Code (H.B. 

534) so provides as follows: 

"If any act passed at the same session of 

the legislature conflicts with any provision 

of the Texas Education Code, the act prevails." 

Our answer to your fifth question is that "teachers," 

as used InClass Title of Instructional Officer I and Instructional 

Officer II as shown in House Bill 240 at page 2642 of the Session 

Laws of the 61st Legislature, Regular Session, 196gfincludes not 

only classroom teacher units but also vocational, special education, 

'excess" teachers and teachers paid from federal funds. 

SUMMARY 

For the school year 1971-72 school districts 

are not authorized to place certified administrative 

staff personnel on the foundation program roster in 

the utilization of its classroom teacher units allotments unless such personnel meet the definition 

of 'classroom teacher' as formulated under the authority of Article 2922-14, Set, 4(2), Vernon's 

Civil Statutes (H.B. 240, Acts 61st Leg., R.S., 

1969) and Sections 16.07 and 16.13 of the Texas 

Education Code. 

For the school year 1971-72, those "parttime" principals who served as "head teachers" 

(on campuses with from 3-6 classroom teacher 

units, or an accredited high school district 

*Codified by Vernon as Article 2922-14, Section 4(2), as enacted 

by this H.B. 240. 

-3888- 
Dr. J. W, Edgar, page 9 (M-800) 

with fewer than 9 teacher units) during the 

school year 1970-71 and will continue to serve 

in such size districts during 1971-72 should be 

classified in Pay Grade 10 at the step immediately 

above the monthly rate received during 1970-71. 

Superintendents who in 1970-71 were superintendents in districts of 600 ADA or less and who 

will continue to serve as superintendents in such 

size districts during 1971-72 should be classified 

in Pay Grade 14 at the step immediately above the 

monthly rate received during 1970-71. 

"Teachers" as used in Class Title of Instructional Officer I and Instructional Officer II as 

shown in House Bill 240 at page 2642 of the Session 

Laws (61st Leg., R.S. 1969) includes not only classroom teacher units but also vocational, special 

education, 'excess" teachers and teachers paid 

from federal funds. 

Attorn& General of Texas 

Prepared by Ivan R. Williams, Jr. 

Assistant Attorney General 

APPROVED: 

OPINION COMMITPEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

James McCoy 

Dick Chote 

Camm Lary 

Rex White 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

-3889-