Case Information

*1 The Attorney General of Texas December 22, 1982 MARK WHITE

Attorney General

Mr. Raymon L. Bynum Opinion No. m-529 Supreme Telecopier P. 0. Box 12548 T&X Austin, 5121475-2501 9101874-1367 TX. 78711. Court Building 512/475-0266 ^[2548] Austin, Texas 78701 201 East Eleventh Street Texas Education Agency Comtlssioner of Education Re: Whether an institution scholarships under section 54.201 of the Education Code of higher education may issue to two students who tie for 2141742-8944 1607 Main St., Suite Dallas, TX. 75201-4709 ^[1400] Dear Mr. Bynum: valedictorian

You have requested our opinion regarding the application of 4824 Alberta Ave., Suite 160 section 54.201 of the Education Code. That statute provides: El Paso, TX. 79905.2793 915l533.3464 The governing board of each institution of higher

education may issue scholarships each year to the 1220 Dallas Ave., Suite 202 highest ranking graduate of each accredited high Houston, TX. 770026986 school of this state, exempting the graduates from 7131650-0666 the payment of tuition during both semesters of

the first regular session immediately following their graduation. This exemption may be granted 806 Broadway, Suite 312 Lubbock, TX. 79401.3479 for any one of the first four regular sessions 8061747-5238 following the individual's graduation from high

school when in the opinion of the institution's president the circumstances of an individual case, 4309 N. Tenth, Suite S including military service, merit the action. McAllen, TX. 78501-1685 5121682-4547 You ask whether an institution of higher education may issue a scholarship "to more than one person in the event that the school 200 Main Plaza, Suite 400 district in which such high school is located certifies a tie [for the San Antonio. TX. 78205.2797 title of 'highest ranking graduate']." 5121225-4191 In our opinion, the use of the term "highest ranking graduate" in An Equal OpportunityI section 54.201 is not necessarily restricted to a single individual. Affirmative Action Employer "Highest" is used here, we believe, in the sense of "none higher." For example, a court observed in Ilges v. St. Louis Transit Company, 77 S.W. 93 (MO. App. 1903),

there can be no degree of care higher than the highest.

p. 1915

Mr. Raymon L. Bynum - Page 2 (m-529)

If the two graduates are tied for the highest position, it is clear that both are the "highest" in the sense that no other graduates can occupy a higher position.

In addition, we believe that "graduate" may refer to more than one individual in an appropriate instance. Article 10, V.T.C.S., which contains the general rules of construction, provides, in pertinent part:

The singular and plural number shall each include the other, unless otherwise expressly provided.

We conclude that an institution of higher education is authorized to issue scholarships to more than one person in any case in which the relevant school district certifies a tie for the title of "highest ranking graduate."

SUMMARY An institution of higher education is authorized to issue scholarships to more than one person in any case in which the relevant school district certifies a tie for the title of "highest ranking graduate," pursuant to section 54.201 of the Texas Education Code. A-7

&W

WHITE Attorney General of Texas JOHN W. FAINTER, JR.

First Assistant Attorney General

RICHARD E. GRAY III

Executive Assistant Attorney General

Prepared by Rick Gilpin

Assistant Attorney General

APPROVED:

OPINION COElMITTEE

Susan L. Garrison, Chairman

Jon Bible

Rick Gilpin

Patricia Hinojosa

Jim Moellinger

Susan Wheeler

Bruce Youngblood

p. 1916