THEATTORNEYGENERAL OPTEXAS' 

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&wrlN. -rExAe PIUCE DANIEL FAOAN DICXSON A.n.n-o- o-mtmAl. NIT-- July 10; 1948

Hon. L. A. Woods State Superintendent OpinionNo. V-631 Departmentof Education Austin; Texas Re: The statutoryssZary

. . of an~elementary
Attn.: Ron. T. M. Tdnble, school prlnolpal whose school Is in First Assistant a building separate from the .high

soheol buildlngandhas less than nine teaohera.

ie'.refer

to your letter of recent date wherein you request ouropinion on,the above aaptlonedmatter& We quote from yourletter as follows:

"ArticleIII, Section 2, Aragraph 6 of II.

~B., 295; an;Aot of the 50th Leg- ~4slature,

reads ari

follows: "tlZlementary

kijunlor high sahobi principalsIn a'school districthaving a four-year high school may receive an additlonall'aliowance

of Two Dollars and Fifty Cents ($2.50)'per

month for eaoh elementary teacher under hia ~supervlslon, If the school in which he ls'teaohlng1s located is a.bulldingapart from th6 high sohool s building or lf he devdtes fifty per cent (50$) or more of his tlnie to' stipervlsion and the school empldys nine (9) or more teachers,but in no event shall he receive more than twenty-five Dollars ($25.00)per month addltlonal.t "Followingthe llneaof thought in the first part of the sentencequoted above, .&2.50can be allowed .for each teacher under the supervisionof the principal of an elementary schoolwhich is located in a bullding apart from the high school even thoughHon. L. A. Woods, page 2 (V-631)

the school does not have nine teachers,as is required In the second part of the sentence, and the principal Is not requlrp to devote 50% of his time to supervision. QUESTIOB: "Is the EqualizationDlvislon of the State Department of Education allowed to grant an increment in salary for a prlncl

r 1 of, an elementaryschool at the rate of 2.50 per teacher under his supervision, If his school Is located In a bulldlng separateand apart from the high schooli and the schoolhas less than nine 'teachers.
We are Informed further that the district In questionhas a four-yearhigh school, that the elementary school Is accreditedand that the dlstrlathas a stiperintendent.

Therefore,paragraphs 2 and 3 of Article III, Section 2, H. B. 295 have no application.

We think that paragraph 6, above quoted, is clear and unambiguous. It provides that an elementary ,school principal,as well as a juniorhigh schoolprlnolpal; in ~lstrlctshaving a four-yearhigh sohool may receive an incrementof $2.5O.permonth for each elementary teacherunder his supervision under either one of the followingconditions: (1) "if the school In which he 1s teaching Is looated in a building apart from the high schoolbuilding:93: (2) "Ii: he devotes 50$ or more of his time tonsupervisIon gnd the school employsnine or more.teachersb The maximum Increment such a principal may receive thereunderis fixed at $25.00 per month.

The word ‘ orn as uaed in said paragraphand emphasized

her819bove Is used In the disjunctivesense. When the term or Is used, It Is presumed to be used In the disjunctivesense unless the le lslatlve Intent Is clearly contrary.,SutherlandStat. er onst.,3dEd. Vol. 2, Sec. 4923.. We find no provision in this law which requires or~compelsthe construction that norn shouldbe used in the aonjunctlvesense. Therefore,the olause 'and the school employs 9 or more teachers" may not be and was-not Intended to be consideredas an addliilonal conditionto be read In conjunotion with "If the school In which he Is teaching Is loc%ted In a building apart from the high school building.

,The Legklature, we believe, clearly expressed in sald,pafagraph

6 an intent that an elementaryschoolHon. L. A. Woods, page 3 (V-631) 

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principal In such a dlstriot teaching in a school located apart from the high schoolbuilding (thus removed from the immediateassistanceand advice of the superior school authority,the school superintendent and left to administer his school In a large capacltyjshouldbe paid the Incrementas provided, even though the school employs less than nine teachers.
SUMMARY

The Equalization

Division of the Department of Education Is allowed to want an IncrementIn salary for a principal of kn elementaryschool at the rate of $2.50 per teacherunder his supervleionIf his sohool Is located in a building separate and apart from the high school even though said school empldys less than nine teachers. Aots 50th Leg., 1947, H.B. 295, Art. III, Sec. 2, paragraph 6.

cEo:mw Yours very truly,
ATTORRES! GENERAL OFTEXAS 

# BY -rw

Cheste;E. Olllson Assistant

APPROVED: