Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1920-04-14
RURAL TEACHERS
PAY RAISED BY
LEGAL OP Union
Budget Should Be Based on
Period of Twelve Months
and Not Seven, Eight or
Nine Months, Ruling.
ESPECIAL orsp.rcs TO MORNING JouEN'

Santa Fe, n. NJ, April 13,-One
of the most important legal opin-
ions handed to the state depart
ment of education is that of As
sistant Attorney General H. S.
Bowman. and its effect will be far
reaching in answering the recent
urgent demand for better pay FOR
rural school teachers, and thus en-
able county boards of education
to pay rural county teachers salar-
les equal to those paid to city
school teachers.
According to the Interpretation
placed upon this law it Is held that
the amount to be expended each
month applies to the full scholastic
year of twelve months and is not
limited to a period Of seven, eight
or nine months,
The county boards Of education
are, therefore, empowered to eX-
pend $40 per month for twelve
months, or $500 for the scholastic
year in rural schools where flrst
grade teachers are employed and
$50 per month for twelve months
or $1,0S0 for the scholastic year IN
rural schools where second grade
teachers are employed and $40 per
month for twelve months or $S4O
for the scholastic year in rural
schools where third grade teachers
are employed.
The present law when aulhot-
ICES boards of county commission
ers to make school levy OF elSht--
cen mills affords county boards OF
education sufficient latitude TO
provide for ample pay tor fufai
teachers in accordance with thls
opinion and to furnish adequate
school facilities necessary Tor the
proper conduct Of the rural SCHOOLS
The opinion follows;
April >, WV.
Hon. j. H. Wagner, State Superln-
tendent of Public instruction,
Santa Fe, New Mexico
Dear Sir: Referring to your con-
versation with the writer regarding
Chapter SO, Laws of 1919, ana the
effect of this law upon school mat
tiers in general, we would advise
you as follows:
An analysis of the act would IN
dictate that it was the purpose OF
the legislature to provide FOR a
maximum tax levy for pubic
schools, and to limit the eXpend-
lures of rural public schools and
the number of school rooms in such
schools.
So far as we are able to gather
from the wording of the act, there
was no intent to provide for a
school year. The first part of Sec
ton / of the act provides that the
boards of county commissioners
shall levy a tax not in excess of
eighteen mills, which, in part
shall produce sufficient revenue 10
support and maintain all OF the
public schools I'm the state. The
act then further provides that esti-
mates shall be made on the prob
able expenditures in those districts
where graded schools have been es-
tablished with at least four teach
eTs, and where the school term
shall be from seven to nine months
I'm duration. The second part of
the said section provides a limita-
ton of expenditures to be made
for all purposes excepting those
therein specified in the rural
schools where no graded school, as
provided for in the first part OF
the section, is maintained. The
question might arise as to whether
the limitation of the amount to be
expended applies to full scholaS-
tic year as designated in Section
4S3S, Code 1915, which is twelve
months, or for the period of seven,
eight or nine months, as mentioned
in the first part of the section.
1t is apparent that there has
been no attempt made to limit the
scholastic year to either seven,
eight or nine months, and, there
fore, that the provisions of the act
limiting the expenditures for a
school room to $40, 500 or $40
per month will apply to that many
months during the scholastic
year" The use of the words dur
ing any school year" in this part
of the section is significant, as if II
had been intended that the eXpend-
diture should be limited to the mum
Der of months named in the first
part of the section, the words just
quoted could have been omitted
without affecting meaning. 1t is
therefore, our opinion that in or
der to COnStrup together TINS sec