. **: O,oU** 

**OFFICE OF**  **THE ATTORNEY**  **GENERAL OF**  **TEXAS. AU$TIN** 

**QROVERSELLERS** ***,,O ”** **NLY QLNKRAL** 

Honorable 3. F. Holubec 

### County Auditor **iavaci County**  Eallsttsvillo,

., 

### Texas

to this Department

44 the .Statdbe&tpaid $4.00 per capita rated on the 1943-44

state and county available fund 1 nalntonance fund vere U.stcd a8 thus caused the school to receive less state aid. As a result of this state aid rchoola usually spent all balences before Septeuber let for some Improvement or some needed equlpmsnt.

.

“TN8 year the schools recolved this additional $4.00 per capita before September 1st and in order not to have this money listed as a balance on Saptembor lst, the state aid schools OS Lwnca County spent the money before Septcmber 1st.:



### p. J. 

### F. Eolubeo - page 2

~quirlng all rural 

### state aid schoolsto inoludethe $4.00 F eslpta 

### ior the 194

$ capitapaymentas '~a- 

### -45schoolyear, although themanepwas received and spentduring the x943-44school term. X3 thla legal?"

Saation 1 of Art. 2 of Ii. 8. 

### 176,Ch. 

### 373, 4&h. Leglalature,read8 as 

### follovsr

"The trustees of the dlatri&a l 

### whorlaed to apply for 

### aid under the provisionsof this 

### Act shall &end to the State SupWint9AdeAt of Publio fnatruot~onon forma providedby sold authority:all information thatmay be required. Said formavi11 lnoludea budgetby uhioh the amount ot Salary fid to which a school vi11 be ellglbleshall be determlned. The receipts88 ahoun in said budgetwill include the state and County Availableand local maintenance 

### balances broughtiorvard from the preoadingyear, Stateand CountyAvailable and LQCelf4aintenaAoe reCeIptafor the currentyew, tultion to be oolloctedlocally,and miacelleneoua receipts. The expendituretill Lnolude salariesof teachersas detenalnedby the salary schedulestated herein,eAd a maximum of One HundredEighty Dollars ($180)per teacher per year in accreditedschoolsend One HundredSixty Dollars ($160)per teacher per year in unaccreditedschoolsfor other
ourronccxDenao3: Drovlded that if Salarv M4 grant ?or th;f itrat year of the bie&um exceedsor is lass %han the SalaryAid Allocation. the 3.Gatfl Su3erlntendent 

### shallincrease-ordecrease a&d maximumsproportionately. The total amount 

### of approvedexpendituraa leas the to%1 amoUnt of receipts 'tillbe-ths a;nount- of Salary ALd to which a 

### schoolvlll be eligible;prwidad in no caa9 vLl1 suchJc:mnt exceed the syjwovcd mm&?.?^u of teachers’ salaries. The State Supcrin$endent 

### Shall,awject **LS** the provlslons of this Act, grent to 

### the school sn mount 

### of aid as will, vlth State and County Available Fimds, togeth

### er vith all other funds including tuition,_.

**‘ ?**  goa. J. **F.** Holubeo - Page,3

maintain the school for such a Qerlod’and in ruch a mann8r as authorized ln this Act. The 

### l QQliCatioZ3shall be sworn to by the county superintendent of all Common School Districts and Qr8sid8nt and secretary of the Board of trustees of all Independent School Districts applyi% iOr aid; School districts aC08Qtj.Jlg aid IJnd8rthe provisions of this Aot shall share In the distribution o? State and County Available School Funds and In all other funds
as herein my be provided.' (Emphasis ours)

.'By Section 2 OS fhs Legislature has Qrovldod a

schools term for schools to follow and salary aid from the State. Article 

### 3 of said R. B. 

### 176, Salary Schedule and Length of maintain in order to r8celv.e

A careful reading of Section 1 aforesaid reveals that State Aid Schools, for each school year of the biennium covered thereby, **V8T8** allowed 13Z&XimUm expenses, ohlch had to appear in the required budget. These 8Xpens8s
were IV38trlCt8dtc the salaries **0r** tkachers as authorized in Section 2 Of AltiC 

### 3. **Phs 8**  **maximums Of**  

### $180.00 D8r teacher per Year in accr%ilitedschools and $l$O.OO per teacher 

### per year ln unaccredited schools for other current expenses. The wo school years covered by said H. B. 176 are those endIng hxust 

### 31,i944, and August 

### 31,1945. (i&i. 

### 13,Section 1 thereof). Therefore, the maximum amount authorieed to be spent per teacher per Year for other current **expenses** than salaries 1s $180.00 in accredited schools and $160.00 1~ Uiacoredlted schools. It follows that no school which received 

### l qualisatlon aid for the school year 1943-1944 Yaa authorized to spend 

### more than said maximum amounts, subject to any lnCr8ase or decrease therein that may have been authorized for said year by the State Superintendent under said Act.

The Equallzatlon Aid grsnt for 1943-1944 was based UQOn 8 per capita revenue of $25.00 

### from the Stat8 Available School Fund. Therefore, the additional $4.00 per Capita apportioned the latter part of August, 1944, was 

### not’ authorized to be spent ln 1943-1944 in Rural Aid schools. The Wounts represented by aald August apportior~ientrepresent a balance to be brought forvati in the equalization budget for 

### 1944-45 by any school applyiw for Rural Aid for said school Year.

### . 1: 383 .~

:. *

Bon. J. F. Rolubed 

### - Page 4

,



### It iollovs that the question submitted must **be** 

### ansvered in the affirmative.

Yours very truly

LFlF:BT