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.e that 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;urel nit3 Fund 

the aural Aid ard Equalization 

rent biennium, 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 a majority of the qualiiied voters 

d eubjeot to the approval of the county 

state superintendent, the trustees of 

a district which zap be unable to naintair a satisfaotory 

sohool 6ay transfer its entire echolastio enroll.Bmt, or 

shy number of grades thereot, to a oonvenient 6ohool of 

higher rank, and In such event, all of the funds of the 

dietriet, iacludin~ the Soto aid to which the dl6triot 

would otherwise be entitled under the provisicms of this 

,,ot; or ;uoh proportionate part thereof as nay be heoessarp 

may be used in carrying out aald agreement." 
Eon. Pierre I,:. Ptine, Aprtl 15, p939, Page 2 

~Section 0 of said Lural Aid iew provides for a oohedula 

o? taaohers' aelaris6 to be d4emnclnrd by the State Superintendent 

of Public Instruction with the approval of tho State Board of Zducation. It 16 further provided that the be610 Salary paid shall not 

be lee6 than c85.00 per month on an ei&ht months basis. :#e underl tand that the Stata Superintendent hes noted in pursuanoa 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 college work if he 16 without experienoa 

in suoh a Standardized sohool or he must have had two years of 

oollage work OoUplpd with,the axpsrianoe of having taught in 6uOh 

sohool one or both of the past two years, and that a prinoipal in 

a standardized sohool will receive 25.00 per month more than he 

would If he nere not a prinoipal under tha schedule. Years OS axperienoe taaohing in such a schocl alB0 would make a difrerence 

in the salary fixed in the Bohedtie. 

Under SeOtlOn 19, it is plainly,proqided that-the amount 

of the Ststa kid transferred in Suoh an in6tfinoa 66 mentioned 16 

the amount which the sanding distriot would have been entitled to 

reoeive if it had 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 contract Rith 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 employed would 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 just what qualifications and experienoe might 

have been potsessed by a teaoher who would have been 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 the r.lnlmum requirements 

of a teacher in a standardized ochool. The nohool being a etandardized one, it should‘not be presumed that the trustees would employ 

a person to teach in that aohool who does not possess the specifioations required of a teacher in a standardized school. Xoxevcr, in 

the absenoe of a contract with a teacher possess~nf- the qualifications beyond tbe minimum 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 the minimum qualifioations reciulreb. liaving 
Eon. tierre L. 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 other baeir. 

Our answer to your question, thOrefOra, is that the State 

Aid to which the raoeivlng dietriot ie entitled under the transfer 

is the amount which tho sending district would have reoeived had 

the tranmfer never bean muda, upon the basis of a teacher employed 

who poesea6ed only the minlmum apeoifioationa required of a teaohar 

in ssch a standardized school. It ehould be pointed out also 

that under the last part of section 19, it the whole or such amount 

is not necessary in carrying out the aq,raement of 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!.L OF TBIAS