We refer to our letter of recent date where- in Vou.cite Article 28 B Oa, Section 1,‘aa tiended by B. B. 356 and S.‘B. 292, Acts 1947, 50th,Legislature, R.S., and submlt the following question thereon:

“IS it necessary that such teachers be exhange% teachef: for teacher,~and school for school. 288Oa, Set; 3, Vernon’s Civil Stat-

utea, as amende%, by Acts 1947, provides:

“Ro teacher’s certificate shall be Issued to an alien, authorizing such per- son to teach in the elementary and/Or se- condary public free schools, unless evl- Bence is pko%uced showing en intention to become a naturalTie% citizen of the United States of America; an% the State’ Department of Education shall, net issue a teacher’s permauent certificate to any person wk,ls not a citizen of the United States. shall be unlawful ,for any board o’f, trustees to contract with any person who is an alien to teach in any elementary and/or secondary free public school of this State unless such person o . a has declared his Intention to become a citizen of the United States; an% all contracts in violation of this provi- sion shall be .voi% and of no effect: (pro- vided, however; this section shall not ep- ply to any alien teacher, a subject of Great Britain or a citizen of Canada or *2 . Hon. L. A, Woods, page 2 (V-572)

Hlexico, regularly designated by proper authority to serve as an exchange teach- er in the United States an% to teach in the public schools of Texas for not more than one year, if a like privilege is currently granted by the nations named to any teacher designated by the govem- ing body of a school district in this State to serve as an exchange teachqr for a period of not more than one year.) (Parenthesis added)

Prior to the amendstent by Acts 1947, Set, 1 of Article 2880s read substantially the same as that part of the Act above quoted which is not enclosed in, parenthesis. The amendment of 1947 added that part oh- closed in parenthesis and Section 2, ,a repealing clause. The caption of the bill denotes that the previous law was amended to provi%e for the exchange of teachers by the designate% proper authorities in the State of Texas.

In construing the provisions of Artiole 288Ua as it rea% prior to the 1947 Amendment the Attorney Gen- era1 held that Texas law di% not authorize the exchange of a Texas teacher for a teacher of England, allowing the latter to teach during the course of ths year in Texas schools an% in turn allowing the former to teach in place of the latter,in the schools of &gland. Such practice was held not to be permissible because (1) ,the available school fun% of any school district could be usrd only for the purposes therein set out (APticls 2827), ana Article 2827,~~ not authorize school boards to expend their money in paying the salary of a teacher who di% not teach in their particular district; and (2) under Texas laws and the rules and regulations of the State Department of Education it was necessary for a person to hold a teacher's certificets befor h4,was en- titled to teach in Texas schools, ter Opinion Book, Vol. 373r page 855 (I936 ., Attorney be;rm~~~_t- tional r4ason for sizid holding was that Article 2880a, as it then read, specifically provided that no teacher's certificate should be issued to an alien unless evidence is produced showing his intention to becole a citizen of the United States, and school boards were s.pecificaliy prohibited therein to contract with any person who is an alien unless said pemon had delcare% his intention to become a citizen of the United States,

It is clear that Article 2880a was amended by *3 Hon. L. A. Woods, page 3 (V-572)

the 50th Leg., Regular Session, 1947, Chapters 281 and 282, SO as to provide an exception with respect to alien teachers of Great Britain, Csnaba an% Mexico, and to per- mit the issuance of a one-year special teacher's certifi- cate to such alien teachers authorizing them to teach in any elementary and/or secondary free public school of this State without declaring intention to become citi- zens of the United States, where said alien teachers have been designated by proper authority of their'nation to serve as exchange teachers in the United States and to teach in the public schools of Texas for not more than one gear and where the like privilege is current- ly granted by their nation to any teacher designated by a school district boar% of Texas to serve as an exchange teacher for a like period of time.

We think that Article 2880a, as amended, con- templates and provides that any board of trustees of a Texas school district may contract for the employment of such a properly designated alien exchange teacher for one year where said teacher has obtained 8 special teach- er's certificate authorizing him to teach.in an elemen- tary and/or secondary free public school of this State, and where a like privilege baa been currently granted by his named nation to any teacher designated by any school district board of Texas to serve as an exchange teacher for a like period of time. The statute does not require that such teachers be exchanged teacher for teacher, or school for school. It requires simply that there be a designation of teachers by the proper authorities of the name% nations and that a reciprocal privilege has been currently granted by the named nations desiring to ex- change teachers to teach in certain Texans public schools for a period of one year.

Your attention is directed to Section 2 of 2908a, Vernon's Civil Statutes, which requires certain alien or foreign instructors to file an affida- vit complying with the provisions of said Act.

SUMMARY Under Article 288oa, Vernon's Civil Statutes, as amended by Acts 1947, 50th Leg., R. S., R.B. 356 and S.B. 292, it is not necessary that certain alien ex- change teachers authorized and employed *4 . . Hon. L. A. Woods, pbse 4 (V-572)

to tebch in certain public schoaXs of Texas be exchanged teacher for teachep, and school for school.

,&fU CEQ:inr Chester E. @llisti

Assistant