**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 employedby 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 support**ed** 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~reksburaedby federal funds, and said reizhrs~moo~ **13** kbpt lntect for this pwposa only, is seid teacher elis:ibls ror membar**ship** in the Teacher Retirement **Systoar of**  **Toares?**l&s. 8. E. Sapp, page $2

"If **f%adS** received by an Institutionof' 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~smoney end would e teacherbea aaid from a bud&et red **by** tfiese various aoureesbe el%gible **for** TeacLsr Retirementmembsrahip In the State of TenarT*

Seation 3 of tie Aot tiremeatSystem 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 schooldistricts,county schoolboards, 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 constitutedboard or ayenaT of en educationalinstitutionor **or,gni** sation supported

wholly or pertly b7 the %tata. In all cases of doubt, the Retirement Board of Trustees,hereinefterdefined, shall determine whether a person is a teacher ns defined in thla Aat. **A** taaoher shallmeen a person renderi-% ssrvlce to orgenisedpublie eduoatlon in profesa%onelend business, edninistrationand suparvision and in instruction,in pub110 schools 9s defined in Subsection (2) of this Section."

In our OpinionXo. O-3399 we advised tiiat 5 person who was employeddirectlyby t&e Federal Goverrenent, nhose salary was paid by the Federal Qovernment,and whose servicea
vere contracted for end eontrolledby a Federal adzncy,wes not a teacher entitladto participate In the benefitsumber L-A Retirement **Act,** althoug?x

ha m1Sht be alloaed to zse public school facilitiesin the performance of his duties, and although the functionsperformed **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 lnstruotionin 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 stipulatedoan~ensatlonis a primary and direct liability of auoh schooldistriot, suoh a person is a ntaaohar,n
as that term $6 defined by the Teacher Retirementnot. The faot that the school dlstriot can, or that it does obtain momye trep the Federal Government relmburslngIt in part or in full for ths obli~tiona inourredby 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 contraotsmat3 by other boards or ai;enciss **named In**  Subsection 3 or Motion L **of** the **Aot.** The SOW0 Of funds Out Of WhiOhCUJ%AdiViaUtti i&I paid is not the meaaum of whether him contractuould make h&n
a teacher rithin the Teacher RetirementAct, It is the faot that his eervisesare oontraotedfor by ood' OS the boards or agenolee listed in Subsection3 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 "renderingservice to or;janlse&

pubUo eduoation in profeaal.onal and business edministrationand supervisiontid in instruction,in public
school5 as defined in Subaeation (2)" of Section 1 or'tl?e Act, that constitutessuch porson a teacher within the maanix of t.hB iLot,

Your inquiriesare so answered.

Very trulyyours