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 who are,eliglble to couut on the 

teacher-pupil load &ildren who,are now 

living in the Somerset District, bum we;; 

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 now reside and 

attend school. 

"Article I, SectIon 1 of the Equalieatlon Aid Law provldias, 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 mom3 than 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 home district; . . . I 
Hon. L. A. Woods, page 2 (V-527) 

"Article III, Section 1 of this Law 

provides, in part, that 'State aid under 

provisions of this Act shall be allotted 

upon the basis 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 fractional par; 

thereof, residinu In the district. . . 

'The students mentioned above are 

residents of the district in which 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 comply with Article 

III, Section 1, which provides for the 

education,,of children residing in the 

district. 

Question: Since the students were 

not originally enumerated in their home 

district in which they are now attending school, may such students be counted on the teacher-pupil load and the 

district be granted aid therefor. 

Under the facts submitted, we understand that 

the pupils in question were enumerated under Article 

2816, V. C. S., on the scholastic census of districts 

other than the Somerset District fD'r the scholastic 

year 1947-48. That after said census taken in March, 

1947, but prior to August 1, 1947, the scholastics in 

question moved into and became residents of the Somerset District and said pupils entered school in the Somerset District for the scholasticyear 1947-48. Their 

State and County per capita apportionment funds (Arts. 

2665, as amended, 2692, 2685, 2823, and 2830, V.C.g.1 

were transferred to 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 shall be made after August 1. 

Article 2901, V. C. S., provides: 

'Every child in this State of scholastic age shall be permitted to attend 

the public free school of the district or 

independent district in which It resides 
Hon. 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 elsewhere part of the 

year. (Emphasis ours,) 

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 scholastic whose 

grades are taught in the district wherein he resides 

shall be permitted to attend school in the district 

wherein he resides, and that the transfer of his per.. 

capita apportionment Is accomplished in accordance with 

the provisions of Article 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 district prior to August 1, under Article 2696, 

v. c. s., are no longer on the scholastic enrollment of 

their home district, but are on the enrollment of the 

receiving district. 

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

Section 1, of Article I, of H. B. 295, Acts 

1947, sets out the eligibility requirements which must 

be met by a district seeking Stat&aid and showing need 

therefor under State law. On the other hand, Section 1, 

of Article III, of H. B. 295, concerns itself with the 

teacher-pupil load or quota requirement which an eligible district must consider in the preparation of its 

State aid budget submitted with its appliaation showing 

need for State aid'. With regard to Section 1, of Article I, we think that the term "original enumerated scholastics" as used therein refers to and means that official scholastic census of the ap lying district accomplished under Articles 2816 or 2 $ 16a, V. C. S., and taken in the last preceding month 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 under H, B. 295, other provisions of the Act having 

been met. 

However, the teacher-pupil load or quota of 

an eligible district provided for in Section 1, of 

Article III of said Act, is based not on the original 

enumerated scholastics as 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 Somerset District Is concerned 

under the facts submitted, Section 1, of Article 111, 

as hereinabove quoted specifically,provides that the 

teacher-pupil load of the eligible districts shall be 

allotted upon the basis of one teacher for any number 

of scholastics from twenty to thirty-five and one additional teacher for each additional thirty scholastics, 

or fractional part thereof, residinn in the district, 

Therefore, it Is our opinion that those scholastics in question who were transferred to the Somerset District under Article 2696, V. C. S,, prior to 

August 2,. 1948, who were reported as transfers in the 

districtsa a plication for State-aid for the scholastic year, 19 & 7-48, 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 

accordance with the provisions of Sec. 1, of Article 

III, H. B, 295, 50th Legislature, notwithstanding said 

scholastics were enumerated In districts other than the 

Somerset Independent School District. Accordingly, the 

Somerset District may be granted salary aid therefor, 

SUMMARY 

Based on the facts submitted, those 

scholastics who were transferred to the 

Somerset District under Artiole 2696, V. 

c. s., who were reported as transfers in 

the districtes application for State aid 

for the scholastic year 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 scholastics were enumerated in districts other 
. 

Hon. L. A. Woods, page 5 (V-527) 

than the Somerset District. 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