### GENERAL.

Eloaox-able

Y. S. &nsoa, Jr. County

Attorney Wharton Cow whaeoa, Texas Dear Sir: OpinionNo. 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,ofoountgloard of trustees. Your requestfor an opirioa,hPs bma~eceivad and carefullyeonsidered

by this depprtment, froP*ioh we quota ir'follms~ "The Covnty Superintendent of this Countyhas requested mb to write you relative

to the proper iaterpretatiola of krticle 2697, of the Rwised Statutes

of the State of Texas,oo~~erniag the tramfor of sohool children frm a district

ia one countyto an adjoining district

ia anothercounty. nArtiols2695 sets out ia detailthe proomdure to effecta transferfbnn oae district

to mother tithe rrrms county,a8d further provides

that if any distriotis dfssotiafbd tith any tramfer nmde 3ythe County Superintendsat

it nay spaal from suoh aotiola to the CuuntyBoard of Trustees of said oounty,who shallhave the right to annuland aancelthe transfer.

wArti~le 2697 does not in 80 ma8y words includethis right of apaal, but it does state that the traasfar #ball Iu made tithe mmmer prov%dedin Article 2696, aad it would appey bo me tihpt the prooedure

should be the sema . "A specific

instame has ame up in this Countyand the parentsof Bhe ohild are oontending that +bs County Board of !ku8teea have nothing to dowith the transfer. "1 rould~appreciate your advising

me fully ooaoeraing thismatter."

&tides 2696 pnd 2697, Rmised Civil Statutes of Taxam, road a8 follows: "Art. 2696 - Application to tramPer

m child lawfully earollodia my diatriot or indepeadeat

distriot,my by order of the county superintandent, be transforredto

theHon. 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 personhaving 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 appealfrom suoh action to the county board of trustees

of said aounty

who shallhave 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 anotherdistriot by the oounty superintendent of the countyin which the child resides

at the time of thetransfer,the Nate Department of Education shall authorize

the StateTreasurer to pay over dirsotly the per capita apportiomnsnt,

in independent

schooldistriots

of five hundred (500) or mars sdholastiopopulation, +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 afterAugust 1st. 488, oh. 201, sso. 1." Acts 1906, p. 26.3~ Aots 1935, 44th Leg., p.

'Art. 2697 - Transferta adjoiahg eouaty

&q child speoifisd ia the Drassdiag

artiels,aad its portioaof the sohoolfuad, may be travafsrrsd to m adjoirrlag

distriotin 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 opinionthat any district or independent

distriotof the oouaty, M&g dissatisfied

with any transfer

of a child and its portionof the sahooLf'und Prom its district

to an adjoining dintriotin anothercounty, mpy lawfulLy

rpporl. froa~ suah actionto the oounCy board of trastoas

of the trmsforriag oouatyaad that suah aounty board of trustees on appeal of suchmatter has ths power sad authority, if it sees fit to do so, to annul sad oanoslthe transfer allowed

wthe county supsriatsndeats

WJFcWogw APPRovED

MAY 12, 1946 /s/ OarlosArhlsy FIRSTASSISTANT 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