Hon. T. M. Trimble, F+St Assistant

State Superintendent of Public Instruction Austin, Texas Opinion No. O-6797

Ae: Requirements under the provisions of Section 1 of Article I of Senate Bill 167, Acts 49th Legislature, with reference to school districts' eligibility for Equalization Aid.

Dear Sir:

We are in receipt of your letter of recent date requesting the opinion of this department on the above stated matter. Your departmenthas also furnishedus a letter addressed to Dr. L. A. Woods fromMr. R. S. Bolter, County Superintendent of Smith County, Texas, wherein many questions are raisedwith reference to the subject of your inquiry. We quote fromyour letter as follows:

"The teacher in a one-teacher school has never been considered as an administrator. The Rural Aid Bill, under which we are now operating, allows such a teacher $5 per month in addition to her schedule salary for performing such minor administrativeduties necessary to the conduct of the school in which she is teaching. The legal administrator of such a school is the county superintendent. It is necessary formany of the teachers in one and two-teacher schools to drive the school bus as there is no one else available.

"Is it possible, under the present Equalization Law, for the board of trustees and the county superintendent to pay theHon. T. M. Trimble - page 2

head teacher of a common school district for servicewhich she is rendering as a bus driver?

As a general provisionwith reference to the county transportationsystem,we call your attention to the fOllOWbIg provisions contained inArticle V of Senate Bill 167, Acts 49th Legislature:

"The County Superintendent and County School Boards of the several counties of this state subiect to the approval of the State Superintendent of Public Instruction, are hereby authorized to annually set up the most economical system of transportationpossible for the purpose of transportingboth grade and high school pupils from their districts,andwithrn the~r"distrftits;-TheY!odntyShal%: be regarded as theunit a.ird.~

tiewarrant mad&'-paPable--to the County Boai?dd,Transporte~&dn Fund,,‘ok>th$

t&al transportation earned within the countynot to exceed the total approved cost thereof;

. O

. "CountyBoards of Trustees are hereby authorized to employ bus drivers for one year, and the salary of no bus drivermay be paid out of the County Board TransportationFund createdherein unless such bus driver is so employed. Provided, further, that only pupils
or persons directly connectedwith the school system shall be transportedon school buses while in the process of transportingpupils to and from the school, and any bus driver violating the foregoingprovisions shall forfeit his contract and shall be immediatelydischarged by the County Board of Trustees.

. . .'
Article I of Senate Bill 167, sets forth certain specif$c requirementswith which a school districtmust Comply in order for such district to be eligible for EqualizationAid. We callyour attentionparticularly to the followingprovisions contained in Section 1 of Article I of saidAct:

"No school districtwill be eligible for any type of aid, except tuition aid, under the provisions of thisAct, which pays anyHon. T. M. Trlmble - page3

salary above those specified in this Af;,dsfrom

any State, local or Federal used to supplement salaries of VocationalAgricultural,Home Eoonomics and Trade & Industries teachers, and funds from the Federal Lanham Act.
"Provided that the salaries of atheletic directors,band directors or lunch room supervisorsmay be supplemented, from funds derived from sources other than taxes,without making the school ineligible under this section; and provided further that teacherswho also serve as bus drivers, but who perform no administrativeduties, may be paid an additional salary as bus drivers out of any funds of the district derived from a localmaintenance tax in
excess of the localmaintenance tax of Fifty Cents (50k Dollars ($100.00

1 on the One Hundred valuation required to be levied by Sec. 2 of Article 1 hereof; provided further, that the additional salary paid for serving as bus driver shall conform to the salary scale paid other bus drivers of the district, and an itemized list of all such supplements shall be furnished the State Department of Education and the LegislativeAccountant with the general budget of the district."

Under the foregoingprovisions,when a district pays any salary above those specified in theAct from any state, local or ~Federalfundswhatsoever, such districtwill not be eligible for any kind of aid (excepthigh school tuition aid) except:~
(1)Where salaries of Vocational,

Agriculture,Home Economics, and Trade Industries teachers are supplemented from Federal funds, and
(2)Where salaries are supplemented from funds derived from the Federal Lanham Act;
(3)Where salaries of athletic directors,.- .

Hon. T. M. Tritnble- page 4

band directors, or lunch room supervisors are supplemented from funds derived from sources other than taxes; i4) where teacherswho perform no administrativeduties are paid an additionalsalary
as bus drivers out of the funds of the distri'ct derived from a localmaintenance tax In excess of the localmaintenance tax of the required Fifty Cents (50k) on the One Hundred Dollars ($100.00)valuation.

Under the above quoted provisions,we note that a district Is not rendered ineligible for Equalization Aid by reason of paying salaries above those specified in theAct when a teacherwho performsno administrativeduties is paid an additional salary for services as a bus driver out of the designated local funds. Itiis furtherprovided that the additionalsalary which is authorized to be paid to a teacher out of the specified local funds of the district,must conform to the salary similarly paid other bus drivers of the district. In this connection,we note thatArticle V of Senate Bill 167, supra, makes general provisions for setting up a County Transportation System and for the payment of the bus drivers out of the County Board Transportation Fund. We note, however, thatwhere a school teacherwho performs no administrativeduties is a bus driver,Article I of theAct authorizes the payment of the additional salary of said teacher for services as a bus driver out of "funds of the District derived from localmaintenance taxes in excess of the Fifty Cents (5Of!) on the One Hundred Dollars ($100.00)valuation."

We call your attention to the following language contained in 39 Tex.Jur. "Statutes",Sec. 101, p. 191:

"Where one section of an act prescribes a general rulewhich, without qualification,would embrace an entire class of subjects, and another section prescribes a different rule for individual subjects of the same class, the latterwill be construed as an exception to the general rule."

It is stated in 39 Tex.Jur. "Statutes"Section 114, p. 213:

"When a statutemakes a general provision apparently to all cases and a special provision for
a particular case or class, the formeryields and the latter prevails insofar as the particular case or class is concerned,".-.

Hon. T. M. Trimble - page 5

Moreover, it is stated in 39 Tex.Jur. "Statutes"Section 100, pp.l8g-lgo:

"A provision limiting a thing to be done in a particular form or manner implies that it shall not be done'otherwise

. .~.when a right or power is granted and themethod of its exercise is prescribed, the prescribedmethod excludes all others."

In view of the foregoing, it is apparent that the provisions ofArticle I, with reference to themethod of payment of the additional salary of a teacherwho performsno administrative duties and serves as a bus driver, constitutes an exception to the general provisions ofArticle V, with reference to the generalmethod of payment of bus drivers, and therefore prevails as the authorizedmethod of payment of a teacher for services as a bus driver. In view of the foreg~oing, you are advised that a teacher in a district otherwise eligible for EqualizationAid, who serves as,a bus driver, cannotbe paid
an additional salary for such services from the County Board Transportation Fund, for the payment of such teacher for such services is governed by thatportion of Article I which provides for such payment "out of any funds of the District derived from
a localmaintenance tax in excess of the local maintenance tax of Fifty Cents (50k) on the One Hundred Dollars ($100.00)valuation."

In order to answeryour question as towhether a common school district'seligibility for rural aid is affected by paying the head teacher thereof an additional salary for driving a school bus, it is necessary to determinewhat is meant by the performance of "administrativeduties"within the contemplationof thisAct. In construing a statutoryword or phrase, it is proper to take into consideration themeanin of the same or similar language used elsewhere in theAct 739 Tex. Jur. "Statutes“,Sec. 108, p.,201). With further reference to thismatter, it is stated in 39 Tex. Jur. "Statutes" sec. 104, p. 196-197:

"In every case the particularmeaning depends upon, andmust be determinedby, the context and subjectmatter and the evident intention of the Legislature."

We call your attention to the following provisions contained in Section 1 of Article I of theAct:Hon. T. M. Trimble - page 6

"No school districtwill be eligible for any type of aid, except tuition aid, under the provisions of thisAct, which pays eny salary above those specified In thisAct from any state, local
or Federal fundswhatsoever

. . ~provided

. . . that teacherswho also serve as hus drivers, but who perform no administrativeduties,may be paid
an additionalsalary as bus d~rivers out of any funds of the district derived from a localmalntenance tax in excess of the localmaintenance tax

3 Fifty Cents (5Ob) on the One Hundred Dollars 100.00) valuation required to be levied by Section 2 ofArticle I hereof; provided further, that the additional salary paid for serving as bus driver shall conform to the salary scale paid other bus drivers of the district, and an itemized list of all such supplements shall be furnished the State Department of Education and the Legislative Accountantwith the general budget of the district." (Underscoringours.)
Also, we callyour attention to the following language contained in Section 2 of Article III of the abovementioned act:

"SalarySchedule and Length of Term. The base nay for class room teachers in unaccredited schools shall be One Hundred and Thirty-five Dollars (135.00)per month for eight (8)months. The base pay for class room teachers in accredited schools shall be One Hundred and Thirty-five Dollars ($135.00)permonth for nine (9)months. The base pay forHome Economics teachers shall be One Hundred and Thirty-fiveDollars($135.00)per month for ten (10)months. The base pay for VocationalAgriculture teachers, and Trades and Industries teachers shall be One Hundred Seventeen Dollars and Fifty Cents ($117.50)per month for twelvemonths (12).Three Dollars ($3.00)per month shall be added for each year of colle e credit over one year not to exceed Fifty Dollars 7$15.00). One Dollar and Fifty Cepts ($1.50)per month shall be added for each year of teaching experience;provided such amount added for ex erience shall not exceed Fifteen Dollars ($15.00 P per month.Hon. T. M. Trimble - page 7

"AdministrativeSalaries. Additional allowances for teachers serving as principals In unaccredited schools shall~be Five Dollars ($5.00) per month per teacherbut in no Instance-toexceed Forty Dollars ($40.00)per month.

"Allowances for high school principals in accredited schools shall be Twelve Dollars ($12.00)permonth in schoolswith nine (9) to eleven (11) teachers; twelve 12)twelve to nineteen (19) teachers Thirty Dollars $30.00); twenty (20) to twenty-nine 129) teachers Thirty-fiveDollars ($35.00)per month; thirty (3Oj or more teachers, Forty Dollars ($40.00)per month. Salaries for high school principals In accredited schools shall be paid for ten (10 months. Superintendents in schools having five (5 teachers shall receive an additional allowance of Forty-five'Dollars ($45.00)per month; six (6) to seven (7) teachers,Fifty Dollars ($50.00)per month; eight (8) to eleven (11) teachers, Fifty-five Dollars ($55.00) per month; twelve (12) to nineteen teachers Seventy-five Dollars ($75.00) per month; twenty (201 to twent -nine Ninety-five Dollars ($95.00 3 (29) teachers, per month; thirty (30) or more teachers, One Hundred-five Dollars ($105.00)per month. Salaries of superintendents shall be paid for twelve (12)months. No school with less than nine (9) teachers can have both principal and superintendent. Principals of accredited elementary schools in a districtwhich does not include a high school shall receive an additional allowance of 81x Dollars ($6.00) per month per teacher,, not to exceed Fifty-fourDqllars ($54.00)per month." (Underscoringours)

In the above salary schedulewe note that the first paragraph sets the base pay for class room teachers while the second paragraph of said section under the heading of 'Administrative Salaries" authorizes additional allowances for teachers serving as principals in unaccredited schools and for principals and superintendents in accredited schools. It ismanifest that the law contemplates that any teacherwho would be entitled and authorized to receive "additional allowance" authorized under the classification, "AdministrativeSalaries", should be regarded
as a teacherperforming administrativeduties. When the language contained in Section 1 of Article I with reference to a teacher "who performs no administrativeduties" Is considered in context with the term "AdministrativeSalaries" contained in Section 2 of Article III of theAct, authorizing an additional allowance in the compensationof such teachers, it ismanifest thatwithin the contemplation of thisAct the language relative to teachersHon. T. M. Trimble - page 8

"who perform no administrativeduties" referred to teachers other than thosewho were receiving 'AdministrativeSalaries" under the provisions of Section 2 ofArticle III.

In view of the foregoing, it is our opinion thatwhen
a districtpays a teacher,who receives "additionalallowance"
as an "administrativesalary" (andwithin the contemplationof theAct performs administrativeduties), an additional salary for services as a bus driver, the payment of such additionalsalary would not be in compliancewith the terms of the exception that authorizes a district to pay additional salary to a teacher "who performs1112

administrativeduties"without lmpalringsuch district'seligibility for EqualizationAid.

In connectionwith the constructionof exceptions or 'jprovisos",

we callyour attention to the follow$ng language contained in 39 Tex. Jur. "Statutes",Sec.101, p. 191:

"The fact that an Act contains one or more exceptions discloses an intention on the part of the Legislature that there should be no other exceptions and that theAct should apply in all
cases not excepted.

. . In construing a statute it is not ordinarilypermissible to imply an exception

. . . or to enlarge an exception so as to include cases not within Its terms."

In view of the above and foregoing, it is our opinion that under the provisions of Section 1 of Article I of the Equalization Act, a District that pays a teacher,who receives
an "additionalallowance" as an "AdministrativeSalary" (within the contemplationof theAct for the performance of administrative duties), an additional salary for driving a school bus would constitute the payment of an additional salary not authorizedby the terms of any exception or proviso in theAct and, therefore, such paymentwould render the district ineligible for any type of Equalization Aid except tuition aid. You are therefore advised that a common school district that pays an additional salary for services as a bus driver to a. head teacher or principalwho Is entitled to or receives any "additionalallowance" In any amount, as an administrative salary as provided in Section 2 of Article III,would be ineligible to receive any type of aid, except tuition aid.

As pointed **out,** however, In a previous portion of this opinion, a school districtmay pay additional salary to a teacher,--

..-

Hon. T. M. Trimble - Page 9

who performs no administrativeduties, for services as a bus driver out of funds of the district derived fr,om localmaintenance tax in excess of the required Fifty Cents (506) on the One Hundred Dollars ($100.00)valuationwithout affectingsaid district's eligibility for EqualizationAid, but in no event may a teacherbe paid an additional salary for services as a bus driver from the County Board Transportation Fund.

We have endeavored herein to construe the statutory provisions involved in accordancewith the recognizedprinciples of statutory construction. We regret that the provisions
so construedwill not satisfactorily and adequately covermany contingencies and emergencies thatmay arise in connectionwith the administrationof the law. Consequently, such conditions constituteproblems for legislative consideration.

Yours very truly

ATTORNEY GENERAL OF TEXAS

APPROVED May 16,1946
Carlos, Ashley First Assistant Attorney General JAE:djm:bt BY J. A. Ellis J. A. Ellis Assistant