March 16, 1939
Mr. T. M. Trlmble,First Assistant State Superintendent Bepertmentof Education Austi.n,Texas
Dear sir: opinionNo. o-478 Re: Extendingcommonschool districtteachers'contracts to a term of two yesrs.
We sre in receiptof your letterof March 9, 1939, In which you quote Article275Oa, and requestthe opinjonof this depsrtment upon the follming question:
"Supposea board of trusteesof a coeumnschool districtmeet in May after the new trusteehas qualified'andtaken the oath of officeand employtheir teachersfor a term of one year. Then under the lay could they meet again in October of the 88me year and raise or extendthe contractsto a term of two years?"
Article2750a,Vernon'sRevisedCivil Statutes,195, provides:
"That trusteesof any commonschool districtor consolidated commonschool districtshall have authorityto make contracts for a period of time not in excess of two (2) yearswith principals,superintendents, and teachersof said common school districtsor consolidatedcommon schooldistricts, providedthat su:h contractsshall be approvedby the County Superintendent. No contractmay be.signedby the trustees until the newly electedtrusteehas qualifiedand taken the yt; o;4;ff+ce. (Acts 1937, 45th Beg., H. B. #137, Prra. ,* * In Fikes V. Sharp (T. C. S. 1938) 112 S. W. (2) 774, the court discussed the above statutealthoughthe case was one arisingbefore the enactment of the quotedarticle.McClendon,C. J., inwriting the opinionof the court tookthatpositionthe Article2750a permittingtwo year contracts was a grant of authoritynot theretoforeheld by commonschool district trustees.
Articles2749 and 2750, Vernon'sRevisedCivil Statutes,1925, place the generalmanagementand controlof the schools,within their district,in * Mr. T. M. Trimble,March 16, 1939, Page #S (0-11-70)
the commonschool trustees. The trusteesare given power to employ and dismissteachers,contractwith teachers,and manage and supervisethe schoolssubjectto certainlimitations.In no instancedo we find any expresslimitationupon the power of commonschool trusteesto modify, changeor amend a teacher'scontractwith the consentand agreementof the affectedteacher.
We think the rule expressedin 10 Tex. Jur.'p. 356 would be equally applicableto teachers'contractsexecutedby commonschool trustees. It is there stated:
"Powerto modify a pre-existingcontractis coextensive with the power to initiateit, and is an incidentof contractualcapacity. Parties to a contractwhich has not been fully performedmay, by mtual consent,modify it by altering,excisingor adding provisions."
Since the board of trusteesof a commonschool districtwould be authorized to make teachers'contractsin the originalinstance,for a term of two years,we are of the opinionthat they would be authorizedto raise or extendsuch contractsto a term of two years. We accordinglyansweryour questionin the affirmative.
Yours very truly
ATTORNEYGEBEWALOF TEXAS
s/Cecil C. Cammeek
BY Cecil C. Cammack Assistant
CCC:N
APPROVED s/ GmALD c. MANN ATTORNLYGENEZALOFTE!XAS