**OFFICE OF**  **THE ATTORNEY**  **GENERAL OF**  **TEXAS AUSTlN** 

~onoreble Pierre L'.Stine county attorney clay county Benrletta, Texas

Dear air: April 15, 1939

you,adri6.ethat t staodardited who school of higher teeoher salary ai under 6llOh 5, 1939,wherein one-teacher nt tc another to the mount or e I;urelnit3Fund

the aural Aid ard Equalization rentbiennium, f6 Chapter 474 nd Special ia%6 of the 45th ion 19 thereof reed6 a6 tol1ows:

ntlre Listrict. Gn the egreezent stees OS the districts **conosrned** or **by** amajority of the qualiiied voters d eubjeot to the approval of the county state superintendent, the trustees of
a districtwhich zap be unable tonaintair a satisfaotory sohool 6ay transfer its entire echolastio enroll.Bmt, or shy numberof grades thereot, to **a** oonvenient 6ohool of higher rank, and In such event, all of the **funds of**  the dietriet, iacludin~ the Soto aid towhich the dl6triot would otherwise be entitled under the provisicms of this ,,ot;or ;uohproportionate part thereof as nay be heoessarp may **be** used in carrying out aald agreement."Eon. Pierre I,:. Ptine, Aprtl 15, p939, Page 2

~Section0 of said Lural Aid iew provides for a oohedula o? taaohers' aelaris6 to be d4emnclnrd by the State Superintendent of Public Instructionwith the approval of tho State Board of Zducation. It 16 further provided that thebe610 Salarypaid shall not be lee6 than c85.00per month on an ei&htmonths basis. :#eunderl tand that the Stata Superintendent hes noted inpursuanoa of the authority thw, granted in Section 8 and has Set up euoh a schedule. We undoretand that a teaober in **a** standardized School must have oompleted three year6 of collegework if he 16without experienoa in suoh a Standardized sohool or hemust have had two years of oollage **work OoUplpd**  with,the axpsrianoe of having taught in 6uOh sohoolone or both of the past two years, and that a prinoipal in
a standardized sohoolwill receive 25.00per month more than he would If henere not a prinoipal under tha schedule. Years OS axperienoe taaohing in such a schocl alB0would **make** a difrerence in the salary 

## fixed in the Bohedtie.

Under SeOtlOn 19, it isplainly,proqided that-the amount of the Ststa kid transferred in Suoh an in6tfinoa66 mentioned 16 the amountwhich the sanding distriot would have been entitled to reoeive if ithad never transferred its sohola6tlo enrollment to the other distriot. Inca the condition6 existing in the receiving diatriot and the qUalifiOatiOn6 Of the tehchers employed by that district are immaterial for the purpose8 of this inquiry.

had the-Sending district entered into a contractRith a teacher prior to the agreement to transfer its BOhOlaStiO enrollment to the other 6Oboo1, then the educational qualiiicatione and experience and position of the teacher employedwould furnish the pattern for the rtate aid to be extended. :here the sending diatriot did not have a contract with a teacher however, no one knows and no one aan know justwhat qualifications and experienoe might have been potsessed by a teaoher who would havebeen employed it the agreement to transfer the 6ObOlaStiO enrollment had never bean. msda. Ke think,however, that it should be preSUmea that a teacher would have been employed who would fulfill ther.lnlmumrequirements of a teacher in a standardized ochool. The nohoolbeing a etandardized one, it should‘notbe presumed that the trustees would employ a person to teach in that aohoolwho does not possess the specifioations required of a teacher in a standardized school. Xoxevcr, in the absenoe of a contractwith a teacher possess~nf-the qualifications beyond tbeminimum requirod to teach In a standardized sohool, we do not believe for the purposes here oonoerned that the preeumption could be extended further than that the trustees could employ someone possesalng theminimum qualifioations reciulreb. liavingEon. 

### tierreL. Stine, April 15, 1939,Pace 3

failed to enter into a contract vjith on0 possesalne Eore tta tbose qualifi0atlon6, the trustee6 have failed to show that the 60hool i6 entitled to reoeive **aid** on any otherbaeir.

Our answer to your question, thOrefOra, is that the State Aid towhich the raoeivlng dietriot ie entitled under the transfer is the amount which tho sendingdistrictwould have reoeivedhad the tranmfer never bean **muda,** upon thebasis of a teacher employed who poesea6ed only theminlmum apeoifioationa required of a teaohar in ssch a standardized **school.** It ehouldbe pointed out also thatunder the last part of section 19, it thewhole or suchamount isnot necessary in carrying **out** the aq,raementof tramfar, then the dietriot would not **be** entitled to reoeive such whole amount.

Yours very truly

**ATTORKY GLXRAL**  **OF**TEXAS

.

GRL:N 

# By@d-.‘dti

Glenn R. law16 kkssietant 

# AppL---b

**AT ’** **l ’** **GRNEY**GE.XR!.LOF TBIAS