# The Attorney General ofTexas September 11, 1980 MARK WHITE Attorney General Willie L.Scott Major General, TexARNG The Adjutant General Adjutant General’s Department Austin, Texas 78783 Opinion No. MW-240 Re: Whether the pay ofateacher may be docked to cover the cost of a stistitute when. he is absent performing military &ty as a member of the National Guard or the armed forces reserves Dear Mr.Scott: Ycu indicate that some Texas school districts reduce the pay of teachers who are absent from teaching &ties to perform Reserve cr National Guard &ty in a sum equal to the ~amount paid the teachers’ stistitutes for the period of absence. You ask whether this practice is permissible. Article 5785, V.T.C.S., provides, inpertinent part:

Sec. 7. (a) All officers and employees of the State of Texas and of any. ..political subdivision.

.. whoshall be members ofthe State Military Forces, or members of ly of the Reserve Components of the Armed For&es, shall be entitled to leave of absence from their respective duties without lass of..

.salary on all days duriq which they shall be engaged in authorized trainb or &ty ordered or authorized by proper authority, for not to exceed fifteen (15)days in any one calendar year. School districts are political stidivisions of this state. Woodson Ind. School District v. State, 130S.W. 2d 1038(Tex. Civ. App.-Eastland 1939, writ dism’d, judg. corr.); 51Tex. Jur. 2dSchools SS5,B. Accordingly, public school teachers are employees of a political s&division and are clearly governed byarticle 5785. Section 18.055ofthe Education Code provides that: (a) Aschool district must pay each employee whois qualifi~ed for and employed in a position classified

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under the Texas Public Education Compensation Plan set forth in Section 16.056 of this chapter not less than the minimum monthly base salary, plus increments for teaching experience, specified for the position. In addition to the minimum monthly base salary specified for the employee’s position and pay grade, which school districts are obligated to pay, districts may supplement their employees’ salaries from local revenue sources. An employee’s %alary,” therefore, isthe monthly base salary prescribed inthe Public Education Compensation Plan plus any local supplements provided bythe district. Article 5765unequivocally provi&s that employees may not lose any salary during the time they are engaged in military trainhg or duty as specified therein, not to exceed fifteen days in a calendar year. Article 5765 is to be liberally construed to effecuate its intended purpcee, which is to prevent public employees who are performing military obligations from being penalized. Attorney General Opinion C-679 (l966). The net result of arequirement that teachers pay for stistitutes necessitated by their absence is that the salary provided for in their employment contracts is effectively reduced by that amount. There is no room for doubt that this practice is contrary tothe language and spirit ofarticle 5765. SUMMARY Under article 5765, V.T.C.S., public school teachers may not be required to pay for substitutes necessitated by their absence while engaged inmilitary training orduty.

Attorney General ofTexas JOHN W.FAINTER, JR. First Assistant Attorney General Prepared byJon Bible Assistant Attorney General APPROVED: OPINION COMMlTTEE C.Robert Heath, Chairman Jon Bible SusanBradshaw Susan Garrison Rick Gilpin Bruce Youngblood

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