OFFiCE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

xrs. 5. 5. Sappr -5xsoutiva Secretary 

T*aoSer Xrrtir3F?&zt sp3teL~ of Tcx3s 

Austin, Texas 

mar -xl%. sapp: 

of Texas or 

3gajcd in worzc 

Cl3 8mploying 

ceivas rtdmburse13 or iza oar% 

is employed by boards of 

iatricts, boa*ds of independent 

co*xnty so~~ool boerda, RatireState Boerd of aducation 

cf Ldxcaticn, boezds of 

~5 ~xnivarsltias, arid eq 

otler legally aozistit;ltod bnkz or a;a%y of en 

oduoatiollaal instiWtion or orSnisation supported wholly or part& by Em Stats, IS teachirz in 

any sciiool ixatrUting people in prepf3zation for 

2iilitez-y 8ervic8 aid if t'ce salary for 5223 said 

teaaher ia aompletol~ reksburaed by federal funds, 

and said reizhrs~moo~ 13 kbpt lntect for this 

pwposa only, is seid teacher elis:ibls ror membarship in the Teacher Retirement Systoar of Toares? 
l&s. 8. E. Sapp, page $2 

"If f%adS received by an Institution of' 

learni& fropl federal sourc~a3 end endowments 

bacaoe pert of the institution. of lmrnl~~s 

bud& doerr thi~poney lose Its identity and 

beacme part of the sahool~s money end would e 

teacher bea aaid from a bud&et red by tfiese 

various aourees be el%gible for TeacLsr Retirement membsrahip In the State of TenarT* 

Seation 3 of tie Aot 

tiremeat System to "teaahers~," 

limlte membership of the Reend Subsection 3 of Section 1 

defkea tke term ateachar,* as used in tine Act, as r'ollors: 

n~Teadx6r~ shall zimn 5 pekn employed 

on -a full t&e, regular salary basis by boards 

of common school districts, boards of iadependent school districts, county school boards, 

Retirement Board of Trustees, State; Board of 

Edu&%tion~rhd %a Depart;ment of mucatiOn, 

boards of repmts of oolleaee and tiversitlee, 

and any other .legally constituted board or ayenaT of en educational institution or or,gnisation supported wholly or pertly b7 the %tata. 

In all cases of doubt, the Retirement Board of 

Trustees, hereinefter defined, shall determine 

whether a person is a teacher ns defined in thla 

Aat. A taaoher shall meen a person renderi-% 

ssrvlce to orgenised publie eduoatlon in profesa%onel end business, edninistration and suparvision and in instruction, in pub110 schools 9s 

defined in Subsection (2) of this Section." 

In our Opinion Xo. O-3399 we advised tiiat 5 person 

who was employed directly by t&e Federal Goverrenent, nhose 

salary was paid by the Federal Qovernment, and whose servicea 

vere contracted for end eontrolled by a Federal adzncy, wes 

not a teacher entitlad to participate In the benefits umber 

L-A Retirement Act, althoug?x ha m1Sht be alloaed to zse public 

school facilities in the performance of his duties, and although the functions performed related to publio instruction 

end education, 
i&s. B. 3. Sapps page P3 

Conversely, it is our q&don taat if a person is 

em31oyea on a full-time, re@l.sr salary basis by <me of tile 

aohool districts of this State, throu@ aotion of its 3oard 

of Trustees, for the purpose of giving lnstruotion in a public 

~0il001 0t this state (as that tema ia aefiaea iti s~~~s08tioO 2 

or Ceotlon lof tire Act), and reaponslbllltjr for tae gaplent 

of tine stipulated oan~ensatlon is a primary and direct liability of auoh school distriot, suoh a person is a ntaaohar,n 

as that term $6 defined by the Teacher Retirement not. The 

faot that the school dlstriot can, or that it does obtain 

momye trep the Federal Government relmburslng It in part or 

in full for ths obli~tiona inourred by it in the work, does 

not dhprive the work of its publio sohool character, does not 

render a teacher ezqaged in au&work an employee of the Federal Government, and does not change or affect lei~nl rights 

and liabilities~under euch a contraat. 

The same rule is applicable to contraots mat3 by 

other boards or ai;enciss named In Subsection 3 or Motion L 

of the Aot. The SOW0 Of funds Out Of WhiOh CUJ %AdiViaUtti i&I 

paid is not the meaaum of whether him contract uould make h&n 

a teacher rithin the Teacher Retirement Act, It is the faot 

that his eervises are oontraoted for by ood' OS the boards or 

agenolee listed in Subsection 3 of Section 1 that tiley control 

and direot the nork t&t he does, that thd person looks to, 

and t?nxt the state agency or subdivision is flablo for his 

compensation, and that he ia engaged in "rendering service to 

or;janlse& pubUo eduoation in profeaal.onal and business edministration and supervision tid in instruction, in public 

school5 as defined in Subaeation (2)" of Section 1 or' tl?e Act, 

that constitutes such porson a teacher within the maanix of 

t.hB iLot, 

Your inquiries are so answered. 

Very truly yours