Case Information

*1 R-754 ’ -‘-.. October 15, 1947

Hon. Oraham Bruce Opinion No. V-406 County Attorney Orange County

Re: Construction of Sec. 2, Art. III, Ch.,228, H.B.

orange, Texas

295, 50th Leg., 1947.

Deer Mr. Bruce:

Your request for an opinion of this Department is substantially as follows:

?l?he Orange County School Superintendent and the Superintendent of the Orange Independ- ent School Distrlot have requested my opinion on the construction of Section 2, Article III, of Chapter 228 of the laws enacted by the Flf- tieth Legislature (Ii. B. 295).

“0ll8. Is a teacher who hae received an M. A. degree and who has completed one ,or more years of college training after having received said M. A. degree entitled to a raise of $25.00 per month for each year of such additional years of college training?

"TWO. Is a teacher who has received a Ph. D. degree entitled to receive $25.00 per month extra for each year of college training after the receipt of an M. degree, or to just one $25.00 raise regardless of the number of years college training required between the receipt of an M. A. degree and the receipt of a Ph. D. de- gree?'

Section 2, Article III, H. B. 295, 50th Leglsla- ture, 1947, Is in part as followsn

"Salary sdhedule and Length of Term. The base pay for classroom teachers in unaccredited schools shall be One Hundred and Fort -eight Dollars ($148) per month for .elght (8 3 months. The base pay for classroom teachers In accredited *2 Hon. Graham Bruce - Page 2 (v-406)

schools shall be One Hundred and Forty-eight Dollars ($148) per month for nine (9) months.

The base pay for Vocational Agriculture, Vocational Home Economics, and Trades end Industries teachers shall be One Hundred and Twenty-four Dollars ($124) per month for twelve (12) months In both accredited and unaccredited schools. Tventg-five Dollars ($25) per month shall be added for each year of colle 8 credit over one (1) year. SiX Dollars $6) per month shall be added for each year of teaching experlqnce not to ex- ceed Seventy-two Dollars ($72) per month.

To receive credit for each year of college training beginning with the fourth year, a recognized Degree appropriate to each year of college training must have been conferred.

. . . (Emphasis ours)

The determination of your questions requires a construction of that portion of Section 2 of Article III of said Act which relates to Increments for each year of college training prior to and after the conferring of an appropriate degree for each year of college training after the fourth year. The contemplates that a teacher shall receive $25 per month for each year of college cred- it over one year. Therefore, a teacher with,two years of college training would receive a $25 increment, and for three years $50. Beginning with the fourth year a degree appropriate to each year of college training must have been conferred to be entitled to an additional increase. The teacher upon whom a B. degree, OP Its equlvelent, Is conferred would be eligible for $75 and sn additional year's work and the conferring of a Basters degree would qualify a teacher for $100. This Department interprets the provision relating to a Ph. D. degree 8,s meaning that a teacher would not be entitled to an additional Increase until the Ph. D. degree is conferred, at which time an additional Increase of 50 would be allowed qualifying the teacher for a total of t 150 in increments. A Ph. D. de- gree presupposes two years of additional college training. No extra increase Is allowed for the Intervening years of college work, but the same Is predicated upon the confer- ping of a Ph. D. degree. The Increase In pay is condl- Honed upon en approprle.te degree for each year of col- lege training beginning with the fourth year. It Is our opinion that the foregoing is a reasonable and proper construction of said Section 2, Article III, of the Bill end that both your questions should be answered in the negative.

. .I .

Eon. Graham Bruce - Page 3 (V-406)

Since the enactment of the provision under dls- cusslon, the State Department of Education has adopted the practice of allowing $25 per month increase for a Wasters degree and $50 per month for a Ph. D. degree. It Is the opinion of this Department that such a construc- tion placed upon the In question Is reasonable and sound and in the absence of Texas authority to the con- trary, the departmental construction should be followed.

SUMMARY A teacher, upon whom a Basters degree Is conferred, is not entitled to $25 per month Increase in pay for each year of additional college training until the Ph. D. degree is conferred. When the Ph. D. degree Is confer- such teacher is entitled to an addltlon- red al 50 per month. The lhrement or Increase Q In pay allowed In Section 2 of Article III,

B. B. 295, 50th Leg., Is predicated upon the receipt of an appropriate degree for each year of college training beginning with the fourth year.

Very truly yours ATTORNEY GENERAL OF TEXAS Burn811 Weldrep Assistant BWrdjm

ATTORNEY GENERAL