March 27, 1948

Hon. L. A, Woods state Superintendent Opinion Rob,V-527 of Public Instruction Department of Rducation Austin, Texas Rer Inclusion of scholastics previously dmlmerated on Census of another District on Attention: Hon. T. R. Triable the teacher&pupil load for ~equallsation aid of the District to which these scholastics have been transferred.
Dear Sir: Ue refer to your opinion request of recent date which reads, in~part,~ as followsr

“The Somerset Independent School Mstrlct-of Bexar County, in applying for equalization aid, included as those students whoare,eliglble to couut on the teacher-pupil load &ildren who,are now living in the Somerset District, bumwe;; enumerated in another district. dren have been transferred prior to August 1, 1947, by proper applioation to the county superlntendentls offiae from the district In which they were enumerated to the district in which they nowreside and attend school. "Article I, SectIon 1 of the Equalieatlon Aid Lawprovldias, in part that ‘State aid under the provisions of this Aot shall be distributed In such a 

### way a8 to assist all school districts whloh have not fewer than twenty (20) nor mom3than fifteen hundred (1500) original enumerated seholastics within the grades claaslfied to be taught remaining in the district after transfers out, above the trades tauaht in the homedistrict;

. . . IHon. L. A. Woods, page 2 (V-527)

"Article III, Section 1 of this Law provides, in part, that 'Stateaid under provisions of this Act shallbe allotted upon thebasis of one teacher for any number of scholastics of each race from twenty (20) to thirty-five (35)and one (1) additional teacher for each additional thirty (30) scholastics,or fractionalpar; thereof,residinu In the district.

. . 'The studentsmentioned above are residents of the district inwhich they

are attending school. They are not above the grades taught in the home district, as they are attending school in the home district,and they complywith Article III, Section 1, which provides for the education,,of

childrenresiding in the district. Question: Since the studentswere not originallyenumerated in their home district in which they are now attending school,may such studentsbe counted on the teacher-pupilload and the districtbe granted aid therefor.
Under the facts submitted,we understand that the pupils in questionwere enumeratedunder Article 2816,V. C. S., on the scholastic census of districts other than the SomersetDistrict fD'rthe scholastic year 1947-48. That after said census taken in March, 1947, but prior to August 1, 1947, the scholasticsin questionmoved into and became residents of the Somerset District and saidpupils entered school in the Somerset District for the scholasticyear 1947-48. Their State and County per capita apportionmentfunds (Arts. 2665, as amended, 2692, 2685, 2823, and 2830,V.C.g.1
were transferredto the receiving district, SOmOrSet, under the general law governing the transfer of pupils, Art. 2696,V. C. S., which also p$ovides that 'no transfer shallbe made after August 1.

Article 2901,V. C. S., provides:
'Every child in this State of scholastic age shallbe permitted to attend the public free school of the district or independentdistrict in which It residesHon. L. A. Woods, page 

### 3 (V-527)

at the time it applies for admission, notwithstanding that it may have been enumerated elsewhere, or may have attendet school elsewherepart of the year. (Emphasisours,)
See also Articles 2902, and 2922L(l), Sec. 1, first paragraph,V. C. 3.

v. c. s., Thus, it is clear that under Article 2901,

an elementary or high school scholasticwhose grades are taught in the districtwherein he resides shallbe permitted to attend school in the district wherein he resides, and that the transfer of his per.. capita apportionment Is accomplished in accordancewith the provisions ofArticle 2696, provided the transfer is not made after August 1.

Further, this De artment has previously advised in Opinion No. O-563$ that children transferred out of a districtprior to August 1, under Article 2696, v. c. s., are no longer on the scholasticenrollment of their home district,but are on the enrollment of the receiving district.

We now consider those parts of the Equalization Law cited inyour letter,

Section 1, of Article I, of H. B. 295, Acts 1947, sets out the eligibility requirementswhich must be met by a district seeking Stat&aid and showingneed thereforunder State law. On the other hand, Section 1, ofArticle III, of H. B. 295, concerns itselfwith the teacher-pupilload or quota requirementwhich an eligible district must consider in the preparation of its State aid budget submittedwith its appliaation showing need for State aid'. With regard to Section 1, of Article I, we think that the term "originalenumerated scholastics" as used thereinrefers to and means that official scholastic census of the ap lying district accomplished under Articles 

### 2816or 2 16a, $ V. C. S., and taken in the last precedingmonth of March of the school year. All laws in pari materia must be construed together. Thus, if after an applying district accounts for the transfers out of the district of those scholastics residents of the district whose grades are not taught in the district, the total original enumerated scholastics,as herein defined, remaining in the district is not 'fewer than twenty (20)nor more than fif-Hon. L. A. woods, page 4 

### (V-527)

teen hundred (1500)",the district is eligible for State aid underH, B. 295, other provisions of the Act having been met. However, the teacher-pupil load 

### or quota of an eligibledistrict provided for in Section 1, of Article III of saidAct, is based not on the original enumerated scholasticsas provided in the eligibility provisions of Section 1, of Article I, but rather on the method of calculation set out in Section 1, of Art. III; and insofar as the SomersetDistrict Is concerned under the facts submitted,Section 1, ofArticle 111, as hereinabove quoted specifically,providesthat the teacher-pupilload of the eligibledistricts shallbe allotted upon thebasis of one teacher for any number of scholasticsfrom twenty to thirty-fiveand one additional teacher for each additional thirty scholastics, or fractionalpart thereof, residinn in the district,

Therefore, it Is our opinion that those scholastics in questionwho were transferredto the SomersetDistrict under Article 2696,V. C. S,, prior to August 2,.1948, who were reported as transfers in the districtsaa plication for State-aid for the scholastic year, 19 

### 7-48,

& and who were entitled to attend Somerset schoolsunder Article 2901,V. C. S., may be counted on the teacher-pupilload of said district in accordancewith the provisions of Sec. 1, of Article III, H. B, 295, 50th Legislature,notwithstanding said scholasticswere enumerated In districts other than the Somerset Independent SchoolDistrict. Accordingly, the SomersetDistrictmay be granted salary aid therefor,
SUMMARY
Based on the facts submitted,those scholasticswho were transferred to the SomersetDistrict underArtiole 2696,V. c. s., who were reported as transfers in the districtesapplication for State aid for the scholasticyear 1947-48,and who were entitled to attend Somerset schools under Article 2901,V. C. S., may be counted on the teacher-pupil load of said district in accordane-, xith provisions of Section 1, of Article III, H. B. 295, 50th Legislature,notwithstanding said scholasticswere enumerated in districts other. Hon. L. A. Woods, page 5 (V-527)

than the SomersetDistrict. Accordingly, the Somerset Independent School District may be granted salary aid therefor.
Yours very truly,
ATTORNEY GENERAL OF TEXAS

CEO:mw 

# By-rChester E. Ollison Assistant

APPROVED:

T ASSISTANT