GROVER SELLERS AUSTIN 11.TmxarJ
Hon. Joe Beeder, Jr. County Attorney Knox county Benjamin, Texas OpinionNo. O-6953
Dear Sir: Re: Should a correctedoensusroll be used by the Departmentof Educationin computingState aid due .&independent schooldistrict?
We have for attentionand reply your letter of November23, 1945, which reads as follews:
"In April, 1945, Munday IndependentSchool Districtrendereda roll of the childrenof scholastioage to tie Xnox Counw Superintendentts office. The oensus taker erroneouslydated two birth dates a year later than she should have. As a result the County Superintendent struckthe two children'snames concernedoff the Munday roll of enumeratedsoholastios.As a result,the Munday schoolfell two short of the enumeratedscholasticsthat the school authoritiesbelievedthey should have on the~roll. likenthe first per oap- ita paymentwas made to Munday IndependentSchool Districtit was two short of the expectedamount.
*On investigationthe facts mere discoveredand the names of the tvm chil- dren that had been eliminated'bythe Knox County Superintendent were subunit- ted to the State EnumerationOffioe alongwith birth oertifioatesof the two children.
eased upon the above facts,the followingquestionsare sulxnitted,
"1. Hill the correctedroll at the State Superintendent'sOffioebe reoog- nieed for purposeof aaloulatingstate aid to the Munday,Independent School Distriotl
*2. What is the meaning of the phrase 'MO ohange in oensus*as set forth in the presentrural aid bill Art. I, See, 61
"3. Does the term loensus*in Art. I, Sec. 6 meen Federalcensus or enum- erated sohelastios?'
In anawering"yourfirst question/we assume that "the names of the two childrenthat had been eliminated~bythe ~QIOXCounty Superintendent were suhnittedto the State EnumerationOffice alongwith the birth oertif- ioates of the two children,"after Novemberl,1945; the dead line for Hon. Joe Reeder,Jr., page 2 (O-6963)
census changesas providedin Article I, Section6 of Senate Bill 167, 49th Legislature,which reads as follows:
"Sec. 6. Ro adjustmentof transfersor census ohangesmade after November 1st of the currentschoolyear shallbe reoognitedin making grants of any type of aid under the provisionsof this Aot." (Underscoring ours)
This is a sectionwhich has not appearedin formerActs providingfor rural aid and, consequently, wehave found no court decisionslnhichhave pas- sed upon the validityor constitutionality of the provision. The wording of the sectionwe think is clear and the intentionof the Legislaturemust have been to prevent any changesin census reoords in so far as such would affect the amountof rural aid to which any sohooldistrictwould be entitledafter November1st of the currentschoo1year. The first questionwc must decide is whetheror not such a orovisionwould 'becontrarvto ArticleVII. Section 5 of our Constitution whioh provides,in part, as fbllowsr
"And the availableschoolfund herein providedshall be distributedto the severalcountiesaccordingto their soholastiopopulationand appliedin such marmer as may be providedby law." (Underscoring ours)
DI the ease of ldueeae, et al, v8. Marrs, 40 S.H. (2)'31,our Supreme County,Judge Curetonwriting,renderedan opinionon the oonstitutionelity of the Rural Aid AppropriationAct, effectivefor the bienniumbeginning September1, 1929. We think it well to quote pertinentparagraphsfrom this opinions
"The limitationin Seotion5, Artiole 7, declaringthat the availableschool fund 'mustbe appropriatedtc countiesaccordingto scholasticpopulation, has alwaysappliedand now appliesonly to the available sohool~fund,' which is clearlvdefinedin that section. Constitutional provisions.like statutes,are properlyto be interpretedin the light of the conditionsex- isting at the time of their