Hon. J. W. Edgar OpinionNo. M- 800

Commissioner of Education Texas Education Agency Re: Several questionsrelating 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

"InArticle 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 (FoundationProgram) Act shall be determined by the.applicatSonof the salary schedule to the total number of approved professionalunits, provided that such professional units are serviced by approved professionalposition employments. "Section4:
"The annual (minimum) salary of personnel authorized for employmentunder 'the

. . .Foundation School Program for the schoolyear 1971-72 and for each year thereafter shallbe the monthly base salary,plus (grade step) increments,as prescribed in the 'TexasState Public Education Compensation Plan' In subsection (l),multiplied by the number of months prescribed in the position description for each respective position. "Subsection (2) furnishesdescription,required preparation and education,pay grade and the number ofmonths payment authorized for each

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position under the TSPE Compensation Plan. Such stipulationsare teacherswith 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 teacherunits has never defined or specified the duties of a classroom teacherunit, 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 teacherunits, locally assignedpersonnel (fully qualified and oertified to teach) who are performing administrativepositions, such as assistants to the superintendent,personnel administrators,businessmanager, and/or purchasing director.
"Mostdistricts 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 personsutilized in administrative positions and listed on the Foundation Program

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roster plus the classroom teacherunits actually assigned to teaching on the campusesdoes not exceed their classroom teacherunits allotted. I,

. . . "(1) Do the position descriptionsassigned for the class designated 'teacher'in the

. . . Public Education Compensation Plan preclude school districts from placing certifiedadministrative staff personnel on the Foundation Program roster in theutilization of Its classroom teacherunits allotment?
"If the answer to(l) is In the negative,and the practice above described legallymay continue, beginning 1971-72: (2) Should the practicebe limited to those school districts that employ at least as many 'excess'teachers as the number of administrativepersonnel that are placed on the Foundation Programroster 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 'Eachindividualwill move to the step in this schedule immediatelyabove themonthly rate received in 1970-71 and shall advance thereafter one (1) additional stepwith each added year of experienceuntil themaximum is attained.'
"This salary-grade-stepprovision prese,nts problems in the position: Pay Grade lo-Instructlonal Officer I (serveas part-time principal on campuswith 19 or fewer teachers);and position: Pay Grade 14-AdministrativeOfficerV (serveas superintendentof system of 3000 ADA or less).
"Re Pay Grade 10 problem: For the current 1970-71 schoolyear, part-timeprincipals for salary purposes are divided Into two categories: Part-time principals (designatedas head teachers) --who serve one campuswith'3 to 6 classroom teacher units; and second,--who serve in an

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accredited 12-gradehigh schooldistrict with fewer than 9 classroom teacherunits. See subsection (6)~ on page 2637, Acts 61st Legislature, R,S. In 1970-71, such (head teachers)part-time principalunits are allotted a Foundation Program salary of 1.08 times the monthly salaryhe would receive as a classroom teachermultiplied by 10 (months). See Item HEAD TEACHERS on page 2636, supra.
"In 1970-71, the cited law furtherprovides that all other Part-Time Principals shall receive 1.15 of themonthly teacher salarymultiplied by 10.

"In 1971-72,however, the Compensation Plan does away with the categories (head-teacherparttime principals.) It provides for part-time and full-timeprincipals on Pay Grades based on the number of 'teachers'on the school campuswhere they serve. Question (3).
"For 1971-72must thosepart-time principals who served as 'headteachers' in 1970-71 and who continue to serve as part-timeprincipals (on campuseswith the from 3 to 6 classroom teacher units, or an accreditedhigh school district with fewer than 9 teacherunits) be placed in the Pay Grade 10 step immediatelyabove the monthly rate received in 1970-71? 7,

. . . "Re Pay Grade 14 problem: For the current 1970-71 school year, superintendentsin districts with 600 or less ADA (averagedaily attendance) have a minimum Foundation Program salary computed at 1.30 of themonthly teacher salarymultiplied by 12. Superintendentsin districts of 601 to 5000 ADA have such salariesdetermined at 1.50 of themonthly teacher salarymultiplied by 12. See page 2636, Acts 61st Legislature,R.S. Question (4):
"For 1971-72,must superintendentswho in 1970-71were superintendents in districts of 600 ADA or less and who continue to serve as superintendentsin such size districtsbe placed in that step in Pay Grade 14 immediatelyabove themonthly rate received in 1970-i'l? -3884-Dr. J. W. Edgar, page 5 (M-800)

,t

. . . "Asheretofore noted in Subsection (2), the Compensation Plan provides for Pay Grade status of part-time and full-time principalsbased upon the number of 'teachers'on the campuswhere they serve. As provided in the Foundation School Program law, principalunits are allocated on a district-widebasis according to the number of approved classroom teacherunits 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 (InstructionalOfficer I and Instructional Officer II)mean Foundation School Program formula classroom teacherunits only-- or may 'teachers'be construed to mean all teachers that are under the supervision of the campus parttime principal: includingvocational, 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 considerationof themeaning of the term Itteacher" with reference to "classroom teacher professionalunits", 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-enactedby the 61st Legislature and as codifiedby Vernon; and b) Section 16.13 of the Texas Education Code, as enactedby the same Regular Session of the 61st Legislature.
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The provisions of House Bill 240must be given preferencewhere theymay conflictwith 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 provisionswhich pertain to the allocation of classroom teacherprofessionalunits 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 "Descriptionof 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 designationsand such "ClassTitle" and 8 (H.B. 240, are used in the quoted Pay Grades Numbers 7

page 2641) shouldbe construed to mean class room teachers only. The "Descriptionof PositionsAssigned to Class Title" applicable to these two classes, reads:

"Class Description of Positions Title Assigned to ClassTitle "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 legislatureconflictswi$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.

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These two statutoryprovisionsmust be construed in pari materia with Sections 16.07 and 16.13, Texas Education Code, wherein teacher classificationsare 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 'classroomteacher professionalunits" shall be determined and teachers alloted in themanner prescribedby Section 16.13.

Our opinion is that the practice of certain school districts described in connectionwith Question No. 1ma not legally continuebeginningwith the schoolyear 1971-7 T!-sECkfS

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

"Teacher--onewho 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

schedule set forth in House Bill 240, position classification at pages 2640-2644, is that for the school year 1971-72 those "part-timeprincipals"who served as "head teachers' (on campuses with from 3-6 classroom teacher units, or an accreditedhigh school districtwith fewer than 9 teacherunits) 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 immediatelyabove themonthly rate received during 1970-71.
3.
In answer to your fourth question, our opinion Is that superintendentswho in 1970-71 were superintendentsin districts of 600 ADA or less and who will continue to serve as superintendents in such size districts during 1971-72 shouldbe classified in Pay Grade 14 at the step Immediatelyabove themonthly 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 Codewhich was enacted by the 61st Legislature,Regular Session, in 1969, to be effective

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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 conflictsbetween 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:

"Ifany act passed at the same session of the legislature conflictswith any provision of the Texas Education Code, the act prevails."
Our answer to your fifth question is that "teachers," as used InClassTitle 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 teacherunits 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 foundationprogram roster in the utilization of its classroom teacherunits allotmentsunless such personnelmeet the definition of 'classroom teacher' as formulatedunder 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" principalswho served as "head teachers" (on campuseswith 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 teacherunits) during the school year 1970-71 and will continue to serve in such size districtsduring 1971-72 shouldbe classified in Pay Grade 10 at the step immediately above themonthly rate received during 1970-71. Superintendentswho in 1970-71were superintendents in districts of 600 ADA or less and who will continue to serve as superintendentsin such size districts during 1971-72 should be classified in Pay Grade 14 at the step immediatelyabove 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 (61stLeg., R.S. 1969) includesnot only classroom teacherunits but also vocational, special education, 'excess"teachers and teachers paid from federal funds.

Attorn& General of Texas Preparedby 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-