Untitled Texas Attorney General Opinion ( 1945 )

Hon. T. M. Trimble, F+St Assistant
State Superintendent of Public Instruction
Austin, Texas
Opinion No. O-6797
Ae: Requirements under the provisions
of Section 1 of Article I of Senate
Bill 167, Acts 49th Legislature,
with reference to school districts'
eligibility for Equalization Aid.
Dear Sir:
We are in receipt of your letter of recent date
requesting the opinion of this department on the above stated
matter. Your department has also furnished us a letter ad-
dressed to Dr. L. A. Woods from Mr. R. S. Bolter, County Super-
intendent of Smith County, Texas, wherein many questions are
raised with reference to the subject of your inquiry. We
quote from your letter as follows:
"The teacher in a one-teacher school
has never been considered as an administra-
tor. The Rural Aid Bill, under which we are
now operating, allows such a teacher $5 per
month in addition to her schedule salary for
performing such minor administrative duties
necessary to the conduct of the school in
which she is teaching. The legal administra-
tor of such a school is the county superin-
tendent. It is necessary for many of the
teachers in one and two-teacher schools to
drive the school bus as there is no one
else available.
"Is it possible, under the present
Equalization Law, for the board of trustees
and the county superintendent to pay the
Hon. T. M. Trimble - page 2
head teacher of a common school district
for service which she is rendering as a
bus driver?
As a general provision with reference to the
county transportation system, we call your attention to the
fOllOWbIg provisions contained in Article V of Senate Bill
167, Acts 49th Legislature:
"The County Superintendent and County
School Boards of the several counties of this
state subiect to the approval of the State
Superintendent of Public Instruction, are
hereby authorized to annually set up the
most economical system of transportation poss-
ible for the purpose of transporting both grade
and high school pupils from their districts,and with-
rn the~r"distrftits;-The Y!odnty Shal%:be regarded as
the unit a.ird.~
tie warrant mad&'-paPable--tothe County
Boai?dd,Transporte~&dn
Fund,,‘ok>th$t&al transporta-
tion earned within the county not to exceed
the total approved cost thereof; . O .
"County Boards of Trustees are hereby
authorized to employ bus drivers for one year,
and the salary of no bus driver may be paid
out of the County Board Transportation Fund
created herein unless such bus driver is so
employed. Provided, further, that only pupils
or persons directly connected with the school
system shall be transported on school buses
while in the process of transporting pupils to
and from the school, and any bus driver vio-
lating the foregoing provisions shall forfeit
his contract and shall be immediately dis-
charged by the County Board of Trustees. . . .'
Article I of Senate Bill 167, sets forth certain
specif$c requirements with which a school district must Comply
in order for such district to be eligible for Equalization Aid.
We call your attention particularly to the following provi-
sions contained in Section 1 of Article I of said Act:
"No school district will be eligible
for any type of aid, except tuition aid, under
the provisions of this Act, which pays any
Hon. T. M. Trlmble - page 3
salary above those specified in this
Af;,dsfrom
any State, local or Federal
used to supplement salaries of
Vocational Agricultural, Home Eoono-
mics and Trade & Industries teachers,
and funds from the Federal Lanham Act.
"Provided that the salaries of
atheletic directors, band directors or
lunch room supervisors may be supplemented,
from funds derived from sources other than
taxes, without making the school ineligi-
ble under this section; and provided further
that teachers who also serve as bus drivers,
but who perform no administrative duties,
may be paid an additional salary as bus
drivers out of any funds of the district
derived from a local maintenance tax in
excess of the local maintenance tax of
Fifty Cents (50k on the One Hundred
Dollars ($100.001 valuation required to
be levied by Sec. 2 of Article 1 hereof;
provided further, that the additional
salary paid for serving as bus driver
shall conform to the salary scale paid
other bus drivers of the district, and an
itemized list of all such supplements shall
be furnished the State Department of Edu-
cation and the Legislative Accountant with
the general budget of the district."
Under the foregoing provisions, when a district
pays any salary above those specified in the Act from any state,
local or ~Federal funds whatsoever, such district will not be
eligible for any kind of aid (except high school tuition aid)
except:~
(1) Where salaries of Vocational,
Agriculture, Home Economics, and Trade In-
dustries teachers are supplemented from
Federal funds, and
(2) Where salaries are supplemented
from funds derived from the Federal Lanham
Act;
(3) Where salaries of athletic directors,
.- .
Hon. T. M. Tritnble- page 4
band directors, or lunch room supervisors are
supplemented from funds derived from sources
other than taxes;
i4) where teachers who perform no admin-
istrative duties are paid an additional salary
as bus drivers out of the funds of the distri'ct
derived from a local maintenance tax In excess
of the local maintenance tax of the required
Fifty Cents (50k) on the One Hundred Dollars
($100.00) valuation.
Under the above quoted provisions, we note that a dis-
trict Is not rendered ineligible for Equalization Aid by reason
of paying salaries above those specified in the Act when a
teacher who performs no administrative duties is paid an addi-
tional salary for services as a bus driver out of the designated
local funds. Itiis further provided that the additional salary
which is authorized to be paid to a teacher out of the specified
local funds of the district, must conform to the salary simi-
larly paid other bus drivers of the district. In this con-
nection, we note that Article V of Senate Bill 167, supra,
makes general provisions for setting up a County Transportation
System and for the payment of the bus drivers out of the County
Board Transportation Fund. We note, however, that where a
school teacher who performs no administrative duties is a bus
driver, Article I of the Act authorizes the payment of the
additional salary of said teacher for services as a bus driver
out of "funds of the District derived from local maintenance
taxes in excess of the Fifty Cents (5Of!) on the One Hundred
Dollars ($100.00) valuation."
We call your attention to the following language con-
tained in 39 Tex.Jur. "Statutes", Sec. 101, p. 191:
"Where one section of an act prescribes a
general rule which, without qualification, would
embrace an entire class of subjects, and another
section prescribes a different rule for individual
subjects of the same class, the latter will be
construed as an exception to the general rule."
It is stated in 39 Tex.Jur. "Statutes" Section 114, p. 213:
"When a statute makes a general provision ap-
parently to all cases and a special provision for
a particular case or class, the former yields and
the latter prevails insofar as the particular case
or class is concerned,"
.-.
Hon. T. M. Trimble - page 5
Moreover, it is stated in 39 Tex.Jur. "Statutes" Section 100,
pp.l8g-lgo:
"A provision limiting a thing to be done
in a particular form or manner implies that
it shall not be done'otherwise . .~. when a
right or power is granted and the method of its
exercise is prescribed, the prescribed method
excludes all others."
In view of the foregoing, it is apparent that the pro-
visions of Article I, with reference to the method of payment
of the additional salary of a teacher who performs no adminis-
trative duties and serves as a bus driver, constitutes an ex-
ception to the general provisions of Article V, with reference
to the general method of payment of bus drivers, and therefore
prevails as the authorized method of payment of a teacher for
services as a bus driver. In view of the foreg~oing,you are ad-
vised that a teacher in a district otherwise eligible for
Equalization Aid, who serves as,a bus driver, cannot be paid
an additional salary for such services from the County Board
Transportation Fund, for the payment of such teacher for such
services is governed by that portion of Article I which provides
for such payment "out of any funds of the District derived from
a local maintenance tax in excess of the local maintenance tax
of Fifty Cents (50k) on the One Hundred Dollars ($100.00) valua-
tion."
In order to answer your question as to whether a
common school district's eligibility for rural aid is affected
by paying the head teacher thereof an additional salary for
driving a school bus, it is necessary to determine what is
meant by the performance of "administrative duties" within the
contemplation of this Act. In construing a statutory word or
phrase, it is proper to take into consideration the meanin
of the same or similar language used elsewhere in the Act 739
Tex. Jur. "Statutes“, Sec. 108, p.,201). With further refer-
ence to this matter, it is stated in 39 Tex. Jur. "Statutes"
sec. 104, p. 196-197:
"In every case the particular meaning depends
upon, and must be determined by, the context and
subject matter and the evident intention of the
Legislature."
We call your attention to the following provisions con-
tained in Section 1 of Article I of the Act:
Hon. T. M. Trimble - page 6
"No school district will be eligible for
any type of aid, except tuition aid, under the
provisions of this Act, which pays eny salary above
those specified In this Act from any state, local
or Federal funds whatsoever . . ~provided . . .
that teachers who also serve as hus drivers, but
who perform no administrative duties, may be paid
an additional salary as bus d~riversout of any
funds of the district derived from a local maln-
tenance tax in excess of the local maintenance tax
Fifty Cents (5Ob) on the One Hundred Dollars
3 100.00) valuation required to be levied by Sec-
tion 2 of Article I hereof; provided further, that
the additional salary paid for serving as bus
driver shall conform to the salary scale paid
other bus drivers of the district, and an itemized
list of all such supplements shall be furnished the
State Department of Education and the Legislative
Accountant with the general budget of the dis-
trict." (Underscoring ours .)
Also, we call your attention to the following language contained
in Section 2 of Article III of the above mentioned act:
"Salary Schedule and Length of Term. The
base nay for class room teachers in unaccredited
schools shall be One Hundred and Thirty-five
Dollars (135.00) per month for eight (8) months.
The base pay for class room teachers in accredited
schools shall be One Hundred and Thirty-five
Dollars ($135.00) permonth for nine (9) months.
The base pay for Home Economics teachers shall be
One Hundred and Thirty-five Dollars($135.00) per
month for ten (10) months. The base pay for Vo-
cational Agriculture teachers, and Trades and In-
dustries teachers shall be One Hundred Seventeen
Dollars and Fifty Cents ($117.50) per month for
twelve months (12). Three Dollars ($3.00) per month
shall be added for each year of colle e credit over
one year not to exceed Fifty Dollars 7$15.00).
One Dollar and Fifty Cepts ($1.50) per month shall
be added for each year of teaching experience; pro-
vided such amount added for ex erience shall not
exceed Fifteen Dollars ($15.00P per month.
Hon. T. M. Trimble - page 7
"Administrative Salaries. Additional allowances for
teachers serving as principals In unaccredited schools
shall~be Five Dollars ($5.00) per month per teacher but
in no Instance -to exceed Forty Dollars ($40.00) per month.
"Allowances for high school principals in ac-
credited schools shall be Twelve Dollars ($12.00) per month
in schools with nine (9) to eleven (11) teachers; twelve
12)twelve to nineteen (19) teachers Thirty Dollars
$30.00); twenty (20) to twenty-nine 129) teachers
Thirty-five Dollars ($35.00) per month; thirty (3Oj or
more teachers, Forty Dollars ($40.00) per month. Sala-
ries for high school principals In accredited schools
shall be paid for ten (10 months. Superintendents
in schools having five (5 teachers shall receive an
additional allowance of Forty-five'Dollars ($45.00) per
month; six (6) to seven (7) teachers, Fifty Dollars
($50.00) per month; eight (8) to eleven (11) teachers,
Fifty-five Dollars ($55.00) per month; twelve (12) to
nineteen teachers Seventy-five Dollars ($75.00) per
month; twenty (201 to twent -nine (29) teachers,
Ninety-five Dollars ($95.003 per month; thirty (30) or
more teachers, One Hundred-five Dollars ($105.00) per
month. Salaries of superintendents shall be paid for
twelve (12) months. No school with less than nine (9)
teachers can have both principal and superintendent.
Principals of accredited elementary schools in a dis-
trict which does not include a high school shall re-
ceive an additional allowance of 81x Dollars ($6.00)
per month per teacher,,not to exceed Fifty-four Dqllars
($54.00) per month." (Underscoring ours)
In the above salary schedule we note that the first para-
graph sets the base pay for class room teachers while the second
paragraph of said section under the heading of 'Administrative
Salaries" authorizes additional allowances for teachers serving as
principals in unaccredited schools and for principals and super-
intendents in accredited schools. It is manifest that the law
contemplates that any teacher who would be entitled and au-
thorized to receive "additional allowance" authorized under the
classification, "Administrative Salaries", should be regarded
as a teacher performing administrative duties. When the language
contained in Section 1 of Article I with reference to a teacher
"who performs no administrative duties" Is considered in context
with the term "Administrative Salaries" contained in Section 2
of Article III of the Act, authorizing an additional allowance in
the compensation of such teachers, it is manifest that within the
contemplation of this Act the language relative to teachers
Hon. T. M. Trimble - page 8
"who perform no administrative duties" referred to teachers
other than those who were receiving 'Administrative Salaries"
under the provisions of Section 2 of Article III.
In view of the foregoing, it is our opinion that when
a district pays a teacher, who receives "additional allowance"
as an "administrative salary" (and within the contemplation of
the Act performs administrative duties), an additional salary for
services as a bus driver, the payment of such additional salary
would not be in compliance with the terms of the exception that
authorizes a district to pay additional salary to a teacher "who
performs 1112administrative duties" without lmpalring such dis-
trict's eligibility for Equalization Aid.
In connection with the construction of exceptions or
'jprovisos",we call your attention to the follow$ng language con-
tained in 39 Tex. Jur. "Statutes", Sec.101, p. 191:
"The fact that an Act contains one or more
exceptions discloses an intention on the part of
the Legislature that there should be no other
exceptions and that the Act should apply in all
cases not excepted. . . In construing a statute
it is not ordinarily permissible to imply an ex-
ception . . . or to enlarge an exception so as to
include cases not within Its terms."
In view of the above and foregoing, it is our opinion
that under the provisions of Section 1 of Article I of the
Equalization Act, a District that pays a teacher, who receives
an "additional allowance" as an "Administrative Salary" (within
the contemplation of the Act for the performance of adminis-
trative duties), an additional salary for driving a school bus
would constitute the payment of an additional salary not au-
thorized by the terms of any exception or proviso in the Act
and, therefore, such payment would render the district ineli-
gible for any type of Equalization Aid except tuition aid.
You are therefore advised that a common school district that
pays an additional salary for services as a bus driver to a.
head teacher or principal who Is entitled to or receives any
"additional allowance" In any amount, as an administrative
salary as provided in Section 2 of Article III, would be in-
eligible to receive any type of aid, except tuition aid.
As pointed out, however, In a previous portion of this
opinion, a school district may pay additional salary to a teacher,
--
.. -
Hon. T. M. Trimble - Page 9
who performs no administrative duties, for services as a bus
driver out of funds of the district derived fr,omlocal main-
tenance tax in excess of the required Fifty Cents (506) on the
One Hundred Dollars ($100.00) valuation without affecting said
district's eligibility for Equalization Aid, but in no event
may a teacher be paid an additional salary for services as a
bus driver from the County Board Transportation Fund.
We have endeavored herein to construe the statutory
provisions involved in accordance with the recognized princi-
ples of statutory construction. We regret that the provisions
so construed will not satisfactorily and adequately cover many
contingencies and emergencies that may arise in connection with
the administration of the law. Consequently, such conditions
constitute problems for legislative consideration.
Yours very truly
ATTORNEY GENERAL OF TEXAS
BY J. A. Ellis
J. A. Ellis
APPROVED May 16,1946 Assistant
Carlos,Ashley
First Assistant
Attorney General
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