. : 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 .Statd be&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 schools to 

inolude the $4.00 F 

eslpta ior the 194 $ 

capita payment as '~a- 

-45 school year, although 

the manep was received and spent during the 

x943-44 school 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 provisions of this Act shall &end to the State 

SupWint9AdeAt of Publio fnatruot~on on forma 

provided by sold authority: all information 

that may be required. Said forma vi11 lnolude a budget by uhioh the amount ot Salary 

fid to which a school vi11 be ellglble shall 

be determlned. The receipts 88 ahoun in said 

budget will include the state and County 

Available and local maintenance balances 

brought iorvard from the preoading year, 

State and County Available and LQCel f4aintenaAoe reCeIpta for the current yew, tultion 

to be oollocted locally, and miacelleneoua 

receipts. The expenditure till Lnolude 

salaries of teachers as detenalned by the 

salary schedule stated herein, eAd a maximum 

of One Hundred Eighty Dollars ($180) per 

teacher per year in accredited schools end 

One Hundred Sixty Dollars ($160) per teacher 

per year in unaccredited schools for other 

ourronc cxDenao3 : Drovlded that if Salarv 

M4 grant ?or th;f itrat year of the bie&um 

exceeds or is lass %han the Salary Aid Allocation. the 3.Gatfl Su3erlntendent shall increase-or decrease a&d maximums proportionately. The total amount of approved expendituraa leas the to%1 amoUnt of receipts 

'till be-ths a;nount- of Salary ALd to which a 

school vlll be eligible; prwidad in no caa9 

vLl1 such Jc: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, together 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 QQliCatioZ3 shall 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 IJnd8r the 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 

term for schools 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 IV38trlCt8d tc the salaries 0r tkachers as authorized 

in Section 2 Of AltiC 3. Phs 8 maximums Of $180.00 D8r 

teacher per Year in accr%ilited schools 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~ient represent 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