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OFFICE OF THE AlTORNEY GENERAL OF TEXAS 

AUSTIN 

Bonorablr L. A. Woo&a A 

Stat8 8up8rintindent 

Autln, Toxar 

0r Publlo &strllotioJi 

ate whloh wm 

-&blola 2699, Revlred Civil 8tatute8, provia00 in part: 

. and proddad further that 
Xonorable L. A. Woods, Pww 2 

dlrtrlct may be trmmrerred to another 

dlstrlat, or to sn independent dlstrlot, 

Upon suoh term8 as msy be a@eed upon by 

the trUMt666 of eald districts lntereated. 

,(Aots 1905, 29th Lee., ??. 3. Ch. 124, 

Q~Q. 92, p. 288)’ 

“Seation 2, Artiole 8 of ths real Aid &a, 

pace 243 of the Publla Sahool Laws of Tezss, reade 

as r0ii0ws: 

**For the school gears thereafter, 

upon the agreement of the Board of Truetees of the Dlatrlots conosrnsd or on 

petltlon eigned by e majority of the 

quallfled voters of the dletrlct and 

subjeut to the approval of the County 

Superintendent and the State Scperlntendent 

main 1 aln a setisieotory sohool may tranea district which mey be tmabls to 

fsr its entire aoholestlo anrollment for 

one year to en accreditad school of 

higher rank.’ 

Wy intsrpretstlon of this Section 2 1s that 

it aontalns two ways by whloh eohool ohildren may 

bo trsnsferred for the duration of one year: first, 

it mny be done by an agsstient between the two 

board8 o$ trustees aonoernedi and second, on petltlon slensd by a prCljorltg of the quallfled votera 

of the district end aubjsot to the approval of the 

County Superintendent and Stats Superlntendsnt. 

My interpretstlon with referencr to this se&ion 

of the law 1s aorroborated by the last proviso in 

&tiole 269, as quoted above. It seems to me that 

any other oonstructioa than this would do violence 

to the ganaral atetutr just retsrred to+ 

“I do not believe there’is any conflict between 

the two statutes. On8 Is UUpph2lfiXltUry to the other, 

and method number two of tronsfarrine as r6ierred to 

herein is an addition to nmber one as aorrobmt6d 

by thb general statute. 
Xonoreble 1.. A. Woods, pace 3 

“Do you agiree 

I? not, why not?” 

with me on this lnterpretetlon? 

dent, 

Tou wish to know whether you, a6 State Superlntenmust under Seotion 2 above quoted approve the transfer 

wizen the boards o? trustees o? the distrlots IAvolYsd have 

agreed to suah transfer. 

16 required. 

It 113 our opinion that tour approval 

In the oese d? LToCorkel County SUpOrlAteAdeAt I. 

Dlatrlat Truteteas of Robinson Sprhga Sahool Dist. No. 76 of 

Comenohe County at al., 121 S. ii'. (26) 1048, the oourt had 

before it for aonsideration ths followln~ provision of the 

1937 rural ald bllljAat6 1937, Ch. ~$77c, Sec. 17)r 

wgTrans?er of ~ntlre District. OA the aveoment of the bosrd Of trustees 0: the dietriots COAoerned or on p6tItIon 6I ed by e majority o? the 

qUelI?ltd voters o? the r lstriot and aubjeot to the 

approrel of the County Superintendent and State 

Superintendent, the trustee6 o? a dl6trlct which 

6my be unsble to melnteln e satlsfeotory sohool may 

transfer its entire soholastio enrollment, or any 

nurPb6r o? -eden thereof, to 6 oonvenlent school a? 

hi&her rank and ln such event all o? the funds o? 

the 416trloC Includln~ the St&e aid to whlah the 

dlatriat no& othenrlse be entitle4 tider the proYioiona of thl6 Aat, or suoh pxopartionate p%rt 

thereo? ae 166x be AeO66saTy, msy be used in aarryiag out said agreenent.*D 

One can r@sdfly 6~8 the slmllarlty of this provlslon and tha one uuder aomldaratlon. IA iaot with the 

exception of the word %he* inserted in W.s 1911 aat, the 

language providing for the approval o? the tdans?er by the 

State Superintendent is the same In both sots. The court 

held that the approval o? the oounty UuperIAten46At 6~4 the 

State Superintendent was required whether the transfer WM 

made oc amesllent o? the trustees or on the p@titIOn sI@W4 

tiy 6 plajorlty oi'the quellrled voters, 2s quote the iollow1~6 iran the opinion of the oourtr 

0 .ft (Section 17) simply authorize6 thS trUStees 0; &taln districta whloh mag be unable to 

ralntaln a satl~feotorg aohool therelA to make the 

transfer provided ior, subjeat to the aondltlons 

ipealflad, among whloh being thst the transfer be 

rubjeot to the approval o? the &unty Superintendent an4 State Superlnteodent, q , , 

. 
Honorable I.. A. ktoda, paSe I, 

” 

. Aleo, in either oaas, wa think the 

tran&‘Is to be msdr *subjeot to the afiproral 

OS the, County Superintendent and State Suprlntan- ’ 

dent.“’ (Paranthstloal Insertlen &dad) 

We are o? the oplalon that this oaee preoludes any 

holdlnc other than thst the approval of the State Superintendent Is required on all transfers msde under Seotlon 2 of 

Art1010 VIII. You have lnrormsd us thet you ham horetorore 

a proved all thuiafera mnde under Mtlole VIII.’ You have, 

t ii ereforo, &et the requirements of the rural aid bill. 

le.do not think that the conclusion irhloh we here 

reached meem that there la any oonrliot in Seotion 2 and 

the Seneral law. Seotlon 2 merely sets up a way in whloh 

the entlre enrollment of a sohool may be tranoferrcd under 

the oondltlon specified, and provision la mds for tke payment’ of aid to the reo6lTinS district. It is too elemntarp 

to rsqulro citation of authority thnt before money aan br 

paid out under an item o? ap~roprlatlon, the terms under 

whloh the appropriation is made must be met. ‘Both the statutes, whloh you oite in your letter w@re In the statute books 

at the time that the XoCorkc4 Oase W:BE decided. As we have 

atated before it is our opinion that the XcCorkel case Is 

bindlnc oa tds departaent as to the oonolanlon aMOun0ed. 

You are therefore, respectfully advised that the 

approval of the State Superintendent is required on all tranafexs made under Section 2 of Artiole VIII or the rural aid 

bill whether the transfer la on agreament of the trustees or 

on petition OS the ualifled Voters. The answer to your 

question is a negat 9 ve one for the reason8 heretofore Given. 

Very truly poum, 

CWS:ld 

APPROVED OCT 19, 1942 

/a/ Gerald 0. Mann 

ATTORNEY GlWXR& OF TFXAS 

z 

By /8/ C&or&e ti. Sparks 

George 8. Sparks 

Aesittent 

AFFROITD 

OPIMIO~ cmITTEE 

BY BKB 

OEAm