October 22~, 1963

Honorable J. W. Edgar OpinionNo. C-166 Commissionerof Education Texas EducationAgency Re: In view of the threeAustin, Texas year llmltetl,on set out in Article 2781, Vernon's Clvll Statutes,whether the teacher contract In question Is a valid contract, under the faots and circumstancesoutDear Dr. Edgar: lined.

We quote from your letter of October 4, 1963, In which you requested an‘oplnlones~follows:

"This Agency has been requestedby the board of trustees of an Independentschool dlstrlct to obtain en opinion from your offlee on a submitted teacher contract situation. The Independentschool district Involveddoes not now, nor In current pest years has it had e soholastlcpopulationof 5,000 or more net.- essary to authorize issuance of teacher contracts for periods exceeding three years. Article 2781, Vernon's Civil Stetuteo. "Admlttedlg,

X holds a valid teacher contract dated Deaember 8, 1961, whloh tiploys him foi. the period beginnl aaly 1, 1961, (for w61- $41962-63 and 1963-68 and terminatingJune 30,

. "Afterhaving served one year (1961-62) under that three year contract,then In the early pert of its aeaond year on Deoember 4, 1962, the sahoolDr. J. W. Edgar, page 2 (C-166 )

board awardedhim a second contract to extend his tiervices

with the'

district,wherein lt~purported to contracthim for an additionaltwo years beginningJuly 1, 1964 (for 1964-65 and 1965-66) and terminatingJune 30, 1966.
'Mr. X Is now servingas superintendent In the third and last year for which he was employed under the first contract. "Currentlythe time remaining to run under both contracts,assuming the latter Is but an extensionof the former, does not exceed three years. But on December 4, 1962, when he purportedly was contrac~ted for two additionalyears, the total time then existing to serve out both. 'contracts

exceeded three years: VIZ., the remaln- ~lngpart of the 1962-63 year (sevenmonths) and the 1963-64 year covered In his first contract; the .years

1964-65, 1965-66 covered in his .second contract.
'In view of the three-yearlimitation set ,~out In Artlole 2781 and In the light of the decision ln.Lynchv. Crockett I.S.D., 244 S.W.2d 564 (Tex.Clv.App. 1951, no writ), an opinion Is requested on the following submitted lnqulry: "Whetherthe teacher con&act dated December 1962, Is e valid effective contract,under the facts and clrcumstances herein outlined.

Article 2781, Vernon's Civil Statutes,which Mntrols the length of time the Independentschool district Involvedmay contractwith e superintendent, reeds In part es follows: '?he Board of Trustees of.any city or. town or any Independentschool districtmay employs e superintendent,

prlnolpel, teacher, or other executiveofflaers In the sahools therein for a term not to exoeed three years,

. . .I' The provisions of this Article prohibit any contract In excess of three years, and It Is clear that any contract In excess of the time specifiedby Article 2781, Vernon's Civil Statutes, Is void. Lynch v. Crockett Independent&ho01 District,et al., 244 S.W.2d 5b4 (Tex.Clv.App. 1951).
-809-Dr. J. W. Edgar, page 3 (C-166 )

By entering Into the second contract on December 4, 1962, the Board of Trustees of the Coleman IndependentSchool District contractedfor a total time, on that date, ,under both contracts,In excess of'threeyears. The obvious legislative Intent cannot thus be obviated. This they are specificallyprohibited from doing under the provisionsof Article 2781, Vernon's Civil Statutes; We think that the llmltatlonscontained In this statutoryprovision lead to the Inevitableconclusion that the Legislature Intended to llmlt the total time of such employmentdontracts to three years.

We are, therefore,of the opinion that the Board of Trustees of Coleman IndependentSchool District exceeded their statutoryauthbrlty on December 4, 1962, by entering Into the second contractwhich, when taken with the first contractresulted In a contractualobligationof the district In excess of three years. It Is, therefore,our opinion that the December 4, 1962 contract Is void.
SUMMARY ;:. Article 2781, Vernon% Clvfl Statutes,prohibits the: Board of !l?ustees of an lndependent~ school district from'contractlng

with a superintendent or teacher for more than three years whether one or more contracts are utilized.

’ ~~... Yours very truly,

WAGOONER .CARR Attorney Qenerel

,..,.~ JB:wb:mkh ., " APPROVED:' OPINION COMMITTEE "~
W. V. Geppert, Chalrmin Ftied D. Ward Joe Trlmble Norman Suarez Pat Ball&y *z .

APPROVEDFOR THE ATTORNEY OT!XERAL

_ BY: Stanton Stone .I

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