Untitled Texas Attorney General Opinion ( 1957 )

December 24. 1957 Honorable J. W. Edgar Opinion No. hW-335 Commissioner of Education Texas Education Agency R-2: Does House Bill 216, Acts Austin, Texas 55th Legislature, Regular Session, 1957, Chapter 69, page 159, replace and/or supersede the sparse area clause in Section 1 of Article 2922-13, Vernon's Civil Statutes, and related Dear Dr. Edgar: questions. You have requested our opinion on the following questions: 1. Does House Bill 216, Acts 55th Legislature, Chapter 69, page 159, replace and/or supersede the sparse area clause in Section 1 of'Article 2922-13, Vernon's Civil Statutes? 2. If the answer is negative, and we have two sparse area statutes: a. Does the Commissioner have discretion as to the number of professional units allotted under Section 1 of Article 2922-13, or Is he obligated to allocate as many as the district had In 1948-4g? b. If the Commissioner has discretion, may he use the same formula to allot profes- sional units to all districts as that which he prescribed under the provisions of House Bill 216? The two pertinent statutory provisions read as follows: Article 2922-13, Vernon's Civil Statutes, Section 1, "Provided further, that any school district containing one hundred (100) square miles or more and having fewer than one (1) pupil per square mile, Honorable J. W. Edgar, Page 2 (WW-335) and which is now equipped with school facilities to maintain, and is now operating and maintaining a four-year accredited high school, may be allotted by the State Commissioner of Education as many professional units as were provided during the school year 1948-1949; provided that the State Commissioner of Education shall take Into consideration the density and dlatrlbutlon of popu- lation in the district, road conditions, and the proximity of the school to another four-year accredited high school in making such allotments." House Bill 216, Acts 55th Legislature, Regular Session, 1957,Chapter 69, page 159, Section 1, reads as follow5: "Section 1. Any school district containing one hundred (100) square miles or more and having fewer than one (1) pupil per square mile, and which operates and maintains a four-year accredited high school may be allotted by the State Commissioner of Education for Foundation School Program Act and Fund purposes the number of professional units deter- minable a8 earned by the application of a sparse area formula approved by the State Board of Education; provided that the State Commissioner of Education shall take into consideration the density and dl,stri- bution of population in the district, road conditions, and the proximity of the school to another four-year accredited high school In making such allotments." From reading the above sections, It is OUP opinion that neither of the above sections is a mandatory provision; that both of said sections are designed to give the Commissioner of Education discretionary powers to relieve teacher shortage In sparse area schools. Therefore, we answer your questions as follows: First, the State of Texas has two sparse area statutes as quoted above, which statutes stand together and are to be used at the discretion of the Commissioner of Education. Secondly, neither of the above sections Is mandatory, and the Commissioner of Education may use either section in allotting extra professional units to sparse area schools. Honorable J. W. Edgar, Page 3 (w-335) SUMMARY Texas has two sparse area statutes, Section 1, Article 2922-13, Ver- non's Civil Statutes, and House Bill 216, Acts 55th Legislature, R. S., 1957, Chapter 69, page 1%. The Commissioner of Education may apply whichever of these statutes he deems desirable, at his discre- tion. Very truly yours, WILL WILSON Attorney General of Texas By Jr. GC: jl Assistant APPROVED: OPINION COMMITTEE Geo. P. Blackburn, Chairman J. C. Davis, Jr, Leonard Passmore REVIEWED FOR THE ATTORNEY GENERAL BY: James N. Ludlum