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R-700 September 3, 1947 Hon. L. A. Woods State Superintendent of Public,Instruction Department of Education Austin, Texas Attn: Hon. T. M. Trlmble Opinion No. V-363 First Assistant Re: Application of Sec. 2 of Art. III, of 5. B. 167, 49th Leg., as amended bg Acts 1947, 50th Leg., R.S., S. B. 21, where teachers were willing to teach eight months but were allowed to teach but seven. Dear Sir: We refer to your letter of recent date wherein you request to be advised conclernlngthe proper applica- tion of th,eEqualization Law, Section 2, of Article III, S. B. 167, Acts 1945, 49th Legislature, as amended by Acts 1947, 50th Legislature, R. S., 5. B. 21, to a'situation submitted in said letter, in substance, as follows: Eleven negro teachers in Falls County have qualified under the provisions of the Rural Aid OP Equalization Law, S. B. 167, 49th Legislature, for salary aid for a per- iod of eight months. The applications for State aid under this bill submitted by the school districts involved were approved by the Director of .Equalizationand also by the Joint Legislative Accountant to cover a period of eight months. It has come to our attention that the teachers were allowed to teach only seven months; they would have taught the full eight months, if they bad been requested to do so. Hon. L. A. Woods - Page 2 b-363) By Acts 1947, 50th Legislature, R. S., S. B. 21, 'the salaries of teachers in State aid schools were raised $75.00 per month for the last four school months of the school year 1946-1947. The eleven negro teachers, teachers in unaccredited schools, received no part of the $300.00 additional salary allowance which was approved and granted them by this Department, and said money Is now on deposit in the county depository. Question: Are the eleven teachers entitled to any of the $300.00 additional salary which was granted for the last four months of the school term to teachers in Equalization Aid schools, or should the en- tire amount of $300.00 per teacher be re- funded, along with the salaries for the eighth month which has been sent to the county? In response to the written request of this of- flee for additional Information, the County Superintendent of Falls County wrote as follows: "In answer to your letter of August 1.8, concerning the eleven negro teachers wno did not teach for months during the school year of I submit the following: Some of these teachers brought their term reports in at the end of the seventh month without asking anything about the length of term. I then checked the files left in this office by the preceding administration and found that of these eleven teachers, one had a contract for six months; four for seven months; three with no specified length of term on the contract; and for three, no contract for the year.l946-47 is on file. All the teachers who held an eight month contract taught the full length term. So far as I know, none of the above teachers.were dis- missed from teaching the last month of the term; and as to an appeal from any possible dismissal that I know nothing about, there has been none made to this office. Hon. L. A. Woods - Page 3 (V-363) Section 2 of Article III, of S. B.
167, supra, as amended, in so far as the same is pertinent to the question submitted herein, provides: "The base pay for classroom teachers in unaccredited schools shall be One Hundred Thirty-five ($135) Dollars per month for eight (8) months. rt . . . I, . . . The annual salary of teachers in unaccredited schools shall be the monthly salary multiplied by eight (8). 11 . . . It is further provided as a tem- porary method to more adequately compensate teachers . . . in State aid schools for the school year 1946-47, that in addition to the base salary, increment, and allowances author- ized in this Section, there shall be paid to teachers teaching in State aid schools, an amount'not'to exceed Seventy-five ($75) Dollars at the end of each of the last.four (4) school months of the school year 1946- i947:” Article 2900, V.C.S., provides in part as fol- lows : "All available public school funds of this State shall be appropriated in each county for the education alike of white and colored children, and impartial provisions shall be made for both races. . ." Article 2906, V.C.S., provides in part: 9,. . . A school month shall consist of not less than twenty school days Inclusive of holidays, and shall be taught for not less than seven hours each Gay, including inter- missions and recesses. Article 2750, V.C.S., provides that school trus- tees of a district shall make contracts with teachers to teach the public schools of their district, but the corn- pensatlon to a teacher, under a written contract so made, shall be approved by the county superintendent before the Hon. L. A. Woods - Page 4 (V-363) school Is taught, stating that the teacher will teach such school for the time and money specified in the contract. See also Articles 2693, 2781, V.C.S. Said school trustees, under Article 2749, have the power to employ and dismiss teachers, but in case of dismissal, teachers shall have the right of appeal to the county and state superintendent. Moore C.S.D. No. 2 v. Frio County Board, 90 S.W. (2d) 288. The facts submitted advise that the eleven teachers in question were employed by the proper school authorities, that they did teach for a period of seven school months in the school year 1946-1947, and that they would have taught the eighth or last school month in the school tear if they had been requested to do so. None of the said teachers employed were under a written contract for a period of eight months. The facts sub- mitted further show that one teacher had a contract for six months, four for seven months, three had a contract providing no specific length of term, and as to the re- maining three teachers no contract for the school year 1946-1947 can be found. We are informed also that the schools taught by these teachers are unaccredited schools and that the school districts involved made application and qualified for State salary aid under S. B. 167 for a period of eight months in the school year 1946-1947. It is clear that the unaccredited school dls- tricts in question have made application and received State aid under the provisions of S. B. 167 as amended for a period of eight school months, and that the schools in question were operated only for a period of seven months. It Is clear also from the facts that the school districts Involved have not conformed to the statutes a- bove quoted governing teacher contracts and the employ- ment of teachers by school districts. Section 2 of Article III, 5. B. 167, as amended, fixes the length of term during which an unaccredited school qualifying for State aid shall operate its schools at eight months, provides that the base pay for teachers in unaccredited schools shall be $135.00 per month for eight months, and provides further that the annual salary of teachers in unaccredited schools shall be the monthly salary multiplied by eight. Article VII of 9. B. 167 provides in part: "Each Deputy State Superintendent shall advise with school officials concerning proper Hon. L. A. Woods - Page 5 (v-363) budgeting of their school fund and assist the district in making their application for aid, and each Deputy State Su erintendent shall spend not less than two P 2) days in the County Superintendent’s office of each county of his supervisory districts. During the second se- mester of the year the Deputy State Superin- tendent shall check to ascertain whether the standards are being maintained and th funds used as approve&. . .I’ (Elnphasisour:) Article VI of S. B. 167 provides:’ It shall be the duty of the State Super&&dent of Public Instruction to appoint the number of Deputy State Superintendents here- inafter authorized to make a thorough investi- gation, in person, of the teaching staff and financial condition of each school applying for aid through the Superintendent’s office and the depository bank; and no aid shall be given un- less It can be shown that all provisions of this Act have been complied with, and that such a- mounts of aid actually needed as shown by the approved budget and actual expenditures, and that the funds are being used as approved: .” (Emphasis ours.) Article XIV of S. B. 167 provides further: ‘Any district violating any of the provls- ions of this Act shall forfeit all rights to such al& and shall be disqualified to receive any aid of any nature under any Article of this Act for the current year. Should any school district which would otherwise be eligible tb receive aid fall to use the funds for the exact purpose for which they were allocated in the approved budget such school district becomes Ineligible for further aid until such offense is corrected. The amount of money granted for each type of aid except tuition shall be set up as a separate account and shall be made only for the specified purposes for which such money was granted. . .” Thus, under Artlclgs VI, VII, and XIV of the State Aid Law, it is the duty of the State Superintendent of Pub- lic Instruction acting through his Deputy State Superlntend- ents to see that all provisions of the Act were being com- Hon. L. A. Woods - Page 6 (V-363) plied with, to ascertain that the districts In question which qualified for State salary aid were maintaining the standards, salary and term schedule set out in the Act, and to determine whether the State aid funds were being used as approved by the Department of Education and the Legislative Accountant. Any districts which may have been reported as violating the provisions of the Act would have become subject to the penalties set out in Artiole XIV unless and until it had corrected its offense. By virtue of the provisions of S. B. 167 above quoted, we are of the opinion that the unaccredited schools in question, not having been continue& or oper- ated during the last or eighth school month of the school year 1946-1947, were~entitled to no State salary aid for the last school month of the said school year. Further, that the State aid funds approved and forwarded by the Department of Education to the proper school authorities in Falls Count to cover the eighth school month of the school year 191 6-1947 in the unaccredited schools in question, and to cover the additional salaries author- ized said eleven teachers under S. B. 21 for the last or eighth school month of said school year should be re- funded. Further, that the eleven teachers in question having served during three of the last school months when the school districts were entitled to the additlon- al State salary aid authorized, are each entitled to a payment of $225.00 out of State aid funds forwarded to the county in accordance with the provisions of S. B. 21, 50th Legislature. SUMMARY Where certain school districts in Falls Count qualified for schoolaid under S. B. 167, t 9th Leg., and S. B. 21, 50th Leg., for a period of eight school months In the school year 1946-1947, and operated only seven school months of said year, the eleven school teach- ers in question not having contracts for an eighth month term are entitled to State aid salary payments authorized and approved under 5. B. 21 for three of the last four school months of the said school year, but State aid Hon. L. A. Woods - Page 7 (W-363) funds for the last or eighth school month of said school year should be refunded. Very truly yours ATTORNEYGENERAL OF TEXAS Chester E. Ollison CEO:djm Assistant APPROVED: ATTORNEY GEl'iERAL
Document Info
Docket Number: V-363
Judges: Price Daniel
Filed Date: 7/2/1947
Precedential Status: Precedential
Modified Date: 2/18/2017