# 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
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An Equal OpportunityI Affirmative Action Employer Mr. Raymon L. Bynum Comtlssionerof Education Texas EducationAgency 201 East Eleventh Street Austin, Texas 78701 OpinionNo. 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 EducationCode. That statuteprovides:

The governingboard of each institutionof higher educationmay issue scholarshipseach year to the highest ranking graduate of each accredited high schoolof 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 circumstancesof an individualcase, includingmilitary 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 inwhich suchhigh school is locatedcertifiesa tie [for the titleof 'highestrankinggraduate']." In our opinion, the use of the term "highest rankinggraduate" 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.

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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 pertinentpart:

The singular and plural number shall each include the other,unless otherwiseexpresslyprovided. We conclude that an institutionof 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 rankinggraduate." 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 certifiesa tie for the title of "highest ranking graduate," pursuant to section 54.201 of the Texas EducationCode. A-7 

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WHITE Attorney General of Texas JOHNW. FAINTER,JR. FirstAssistantAttorney General RICHARD E. GRAY III ExecutiveAssistantAttorneyGeneral Preparedby Rick Gilpin AssistantAttorney General APPROVED: OPINION COElMITTEE SusanL. Garrison,Chairman Jon Bible Rick Gilpin PatriciaHinojosa Jim Moellinger SusanWheeler BruceYoungblood

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