The Attorney General of Texas 

December 22, 1982 

MARK WHITE 

Attorney General 

Supreme Court Building 

P. 0. Box 12548 

Austin, TX. 78711. 2548 

5121475-2501 

T&X 9101874-1367 

Telecopier 512/475-0266 

1607 Main St., Suite 1400 

Dallas, TX. 75201-4709 

2141742-8944 

4824 Alberta Ave., Suite 160 

El Paso, TX. 79905.2793 

915l533.3464 

1220 Dallas Ave., Suite 202 

Houston, TX. 770026986 

7131650-0666 

806 Broadway, Suite 312 

Lubbock, TX. 79401.3479 

8061747-5238 

4309 N. Tenth, Suite S 

McAllen, TX. 78501-1685 

5121682-4547 

200 Main Plaza, Suite 400 

San Antonio. TX. 78205.2797 

5121225-4191 

An Equal OpportunityI 

Affirmative Action Employer 

Mr. Raymon L. Bynum 

Comtlssioner of Education 

Texas Education Agency 

201 East Eleventh Street 

Austin, Texas 78701 

Opinion No. m-529 

Re: Whether an institution 

of higher education may issue 

scholarships under section 

54.201 of the Education Code 

to two students who tie for 

valedictorian 

Dear Mr. Bynum: 

You have requested our opinion regarding the application of 

section 54.201 of the Education Code. That statute provides: 

The governing board of each institution of higher 

education may issue scholarships each year to the 

highest ranking graduate of each accredited high 

school of this state, exempting the graduates from 

the payment of tuition during both semesters of 

the first regular session immediately following 

their graduation. This exemption may be granted 

for any one of the first four regular sessions 

following the individual's graduation from high 

school when in the opinion of the institution's 

president the circumstances of an individual case, 

including military service, merit the action. 

You ask whether an institution of higher education may issue a 

scholarship "to more than one person in the event that the school 

district in which such high school is located certifies a tie [for the 

title of 'highest ranking graduate']." 

In our opinion, the use of the term "highest ranking graduate" in 

section 54.201 is not necessarily restricted to a single individual. 

"Highest" is used here, we believe, in the sense of "none higher." 

For example, a court observed in Ilges v. St. Louis Transit Company, 

77 S.W. 93 (MO. App. 1903), 

there can be no degree of care higher than the 

highest. 

p. 1915 
Mr. Raymon L. Bynum - Page 2 (m-529) 

If the two graduates are tied for the highest position, it is clear 

that both are the "highest" in the sense that no other graduates can 

occupy a higher position. 

In addition, we believe that "graduate" may refer to more than 

one individual in an appropriate instance. Article 10, V.T.C.S., 

which contains the general rules of construction, provides, in 

pertinent part: 

The singular and plural number shall each include 

the other, unless otherwise expressly provided. 

We conclude that an institution of higher education is authorized to 

issue scholarships to more than one person in any case in which the 

relevant school district certifies a tie for the title of "highest 

ranking graduate." 

SUMMARY 

An institution of higher education is 

authorized to issue scholarships to more than one 

person in any case in which the relevant school 

district certifies a tie for the title of "highest 

ranking graduate," pursuant to section 54.201 of 

the Texas Education Code. 

A-7 

&W 

WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARD E. GRAY III 

Executive Assistant Attorney General 

Prepared by Rick Gilpin 

Assistant Attorney General 

APPROVED: 

OPINION COElMITTEE 

Susan L. Garrison, Chairman 

Jon Bible 

Rick Gilpin 

Patricia Hinojosa 

Jim Moellinger 

Susan Wheeler 

Bruce Youngblood 

p. 1916