GENERAL. 

Eloaox-able Y. S. &nsoa, Jr. 

County Attorney 

Wharton Cow 

whaeoa, Texas 

Dear Sir: Opinion No. O-6548, 

Re: Construction of Artiole 7,697, 

R.C.S., ooaoern@q trantferring 

sohool ohildrer from one district 

to an idjano6n-t distriot in auother 

oorutyt appellate jurisdiotioa the,raunder,of oountg loard of trustees. 

Your request for an opirioa,hPs bma~eceivad and carefully eonsidered by this depprtment, froP*ioh we quota ir'follms~ 

"The Covnty Superintendent of this County has requested mb to write you 

relative to the proper iaterpretatiola ofkrticle 2697, of the Rwised 

Statutes of the State of Texas,oo~~erniag the tramfor of sohool children 

frm a district ia one county to an adjoining district ia another county. 

nArtiols 2695 sets out ia detailthe proomdure to effect a transferfbnn 

oae district to mother tithe rrrms county, a8d further provides that if 

any distriot is dfssotiafbd tith any tramfer nmde 3ythe County Superintendsat it nay spaal from suoh aotiola to the Cuunty Board of Trustees 

of said oounty,who shall have the right to annul and aancelthe transfer. 

wArti~le 2697 does not in 80 ma8y words include this right of apaal, but 

it does state that the traasfar #ball Iu made tithe mmmer prov%ded in 

Article 2696, aad it would appey bo me tihpt the prooedure should be the 

sema . 

"A specific instame has ame up in this County and the parents of Bhe 

ohild are oontending that +bs County Board of !ku8teea have nothing to 

dowith the transfer. 

"1 rould~appreciate your advising me fully ooaoeraing this matter." 

&tides 2696 pnd 2697, Rmised Civil Statutes of Taxam, road a8 

follows: 

"Art. 2696 - Application to tramPer 

m child lawfully earollod ia my diatriot or indepeadeat distriot, my by order of the county superintandent, be transforredto the 
Hon. M. S. Munson, Jr., page 2 (O-6548) 

enrollment of any other district or independent district intie sms Lou+- 

upon a written applioation of the parent or guardian or person having lawful 0oBb01 of suoh child, filed with the oouaty superintendeat; provided 

that aw district or indepsndent distriot being diasatisfisd with say trausfsr made By the county superintendeat may appeal from suoh action to the 

county board of trustees of said aounty who shall have the right to snnul and 

cancel the transfer allowed by the county supsrintsndent. 

The applioant shall stats insaid application that it is his bona 

fide intention to send said child to the school to which the trrplsfsr is asked. 

Upon the certification ofthetransfsr of any ahild from one district 

to another distriot by the oounty superintendent of the county in which the 

child resides at the time of thetransfer, the Nate Department of Education 

shall authorize the State Treasurer to pay over dirsotly the per capita apportiomnsnt, in independent school distriots of five hundred (500) or mars sdholastio population, +a~ the distriat to which such child is traasferrsd~ and ia 

all other distriots, to county supsrintsndmts, to be pPid by him to the respective distriatstovhioh such childrsa are transferred) provided, no transfer 

shall b made after August 1st. 

488, oh. 201, sso. 1." 

Acts 1906, p. 26.3~ Aots 1935, 44th Leg., p. 

'Art. 2697 - Transfer ta adjoiahg eouaty 

&q child speoifisd ia the Drassdiag artiels, aad its portioa of 

the sohool fuad, may be travafsrrsd to m adjoirrlag distriot in an&her 

oouaiy, ia the mannor providad ia #f&d vtrtalo~ Ilt mu& M shown to the 

m&y superintendset that the school iatke dLstriot in which such child resides, oc aooount of distanoo or muss uao~ntrolla~ls ad daugeroua obstacle, 

is i~aooosaibls to suoh ahild. Aotr 1807, p. 248." 

We agree with your oonolusion aad it le our opinion that any district 

or independent distriot of the oouaty, M&g dissatisfied with any transfer of 

a child and its portion of the sahooL f'und Prom its district to an adjoining 

dintriot in another county, mpy lawfulLy rpporl. froa~ suah action to the oounCy 

board of trastoas of the trmsforriag oouaty aad that suah aounty board of trustees on appeal of such matter has ths power sad authority, if it sees fit to do 

so, to annul sad oanosl the transfer allowed wthe county supsriatsndeats 

WJFcWogw 

APPRovED MAY 12, 1946 

/s/ Oarlos Arhlsy 

FIRST ASSISTANT 

ATTORNEY QEIJWIC 

APPRUVED: Opinion Coxmittse 

v Q.W.S* - Chainnsa 

YOum very truly 

AlWRNEY GENERAL OF TEXAS 

!$‘/s/llLn. J. F&&g 

3~. J. Fanning 

Assistant