Case Information

*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN

Honorable Buford D. Battle

State Auditor

Austin, Texas

Dear Sir: Opinion No. o-3547

Re: y have your letter on, 194w,as

r0ims :

romtheRura1 Ma ommon Sahool Dis- the name of Sophia E. Montgomery as a 0010 that sohool. ,Upon investigation i person was in fast perrorming the ervising Teaoher.

sling to Joanes w-first .Biekmial oatian, 193&3-1999 atioh Foundation & present is anes E’una, to the payment the Jeanes Teaohers in thirty oountiss eaohers.are not assigned to any partiou&r demonstration teaohing, supervisory aa in all of the oomm&n schools of the County. ese teaohers are several fold. They work with the teaobers and pupils of the several eahoolti in an errort to make the sohool wsrk more orfective through improved. met3kMs-.or instruotion, the ao@sition or libraries, ~improve- ment in attenaanoo, ana a better adjustment of the curriculum to insure improvement in health and eaonomic conditions among the Eegro paople of the communities. They also stimulate the organization and work of the Parent-Teacher Associations *2 \, ‘-b, ,, i. .I , .’

Honorable Buford D. Battle, Rage 2

and Jeanes Clubs ,for the purpose of improving the sohool houses, equipment, libraries and grounds. They work with the Women's Clubs in the canning and preserving of fruits, vegetables and meats, and in the meking of plain clothes, quilts, mattresses, etc.

*In your opinion may or may not this school district claiming reimbursement upon a Jeanes Supervising Teacher be allowed suoh reimbursement from the Rural Aid fund in the same manner as would be allowed on a regular teacher?

*Your opinion is further requested as to whether or not the trustees of Tennessee Colony District No. 21 of Anderson County could legally contract.to pay 100% of Sophia %. Montgomery's salary for performing the duties of a Jeanes Supervising Teacher."

If we were to assume the ft&:oorreotness ottthe. statement quoted by you from the Report of the State Department of Rduoatien we would be osmpelled to answer your first question in the negative, notwithstanding the fact of the Joint Legisla- tive Advisory Committee's having sustained the position of the State Department of Education to the contrary as hereinafter appears.

The ourrent Rural Aid Appropriation Bill, H. B. 933, 46th Legislature, sets out in detail the purposes for v&ioh the Rural Aid Fund may be expended and preseribee the showings whioh a sohool must make in order to receive aid therefrom.

.Nowhere in the Aot is there any authority to use any of this fund for the purpose or paying a teaeher who is *not assignea to any partioular sohool* but who does *demonstration teaohlng, supervisory and instructional work in all of the oommon schools of the county." From Seotlon 7 of this Act we quote:

.-, wSalary Schedule. No part of the aid herein provided shall be used for inoreasgng the monthly salary of any teacher, except as herein authorized, and fwnds provided for in this Act shall be used for the exclusive purpose or extetiing the length of the soheol term of the schools situated in the district receiving such aid onthe basis or a sohedule of teachers' salaries as determined by the $t$,t,e Bzard of Education for the school Year 193S-39;

, In Section 13 we find the following: "Application for Aid. The trustees oUtbe schools authorized to apply for aid under the provisions of this Act shall send to the State Superintendent of Public Instruction on forms provided by,said authority a list of the teachers employed in the sehools showing the monthlysalary, experienoe, and training of each, together with an itemized statement of budgeted receipts and expenditures, the lengthof term, and such other information as may be required, and the State Superin- tendent, under the direction of the Joint Legislative Advisory Committee may, subject to the provisions of this Act, grant to the sohool such an amount of this fund as will, with,the State and County available funds, together with the local funds, maintain the sohool for a term not to exoeed nine (9) months for olassifiea or affiliated high sohools and approximately eight (8) months for unaooroditea high sahools; provided that ii the school has suffioient State ana County available funds to maintain the school for an eight (8) month term according to the salary schedule adopted by the State Board of Eauoation for the school year 1938-1939 or with its local maintenance tax, to maintain the desired length of term, not to exceed nine (9) months, as provided in Section 8, it shall not be eligible to reaeive aid; provided further, that the County Superintendent,, subject to the approval of the State Superintendent of Public Instruction, shall approve all oontracts with teaohers, supervising orricers, and bus drivers in all schools before suoh sohools may be eligible to reoeive aid under any providiona of this Act. Provided, also, that all aid granted out of the funds herein provided shall be allotted only on the basis of need, based upon a proper budgeting of eaoh district asking for any form aid. The applioation shall be sworn to by the County Superinteodent, presiaent and seoretary of ~the board of trustees of eadh or the sohools applying for aid. All aid grantea out of the funds Iprovided shall be almt.3a only on the basis of need based upon an approved budget of ea& aistriot asking ror any $+oFl*of aia, except as tl . otherwise provided in this Aot.

We have noted the creation of the Joint Liegislative Advisory Committee in Section 1 and the power given fhat Committee to adjust disputes. Sections 1, 12 end 17. But, no attempt was made to give such Committee the power - in settling disputes - to enlarge upon the purposes ror which the money might be used. On the contrary, we find this provision in Section 12, viz:

w* * * Provided, however, that no regulation of the State Superintendent, 'State Board of Education or Joint Legislative Advisory Committee shall conflict ;i$h*yy provisions of this Act or any present statute.

The payment of the salary of a Jeanes teacher to serve in all the common schools of the county as outlined in the quoted statelPent frcie the Report would not be aiding the Tennessee Colony Connaon School District to extend the length 0r its sohool tow.

However, it is noted that you merely quote from the Biennial Report of the Department of Education without advising us that the statements therein made are aerinitely true. ,We have before us the minutes of a meMiing of the ;;I;t Legislative Advisory Committee held on February 17?

. It therein appears that the Committee had before it a letter appeal from State Superintendent Woods advising that the State Auditor had disapproved such use of the Jeanes teachers and was insisting upon the deletion of their salaries from the budget. In that 'letter we find this statement:

Fmis orrice hc3.51 r0ii0vfea a poling for the last several years Or permitting county superintendents ma local school boards to select a negro, qualified to serve as what is known as a Jeanes teaoher, who would be attaehed to and work some in a rural aid school and at the same time do some supervisory work in the ether colored sohools or the county. These teaahers were not attached until the school was entitled to a teacher as provided in Section 4 of the law. As stated before, this has been approved by this office and by the State Auditor for several yea2X.”

The advisory Committee sustained the action of the Department of Education in paying these teaohers.

Mr. Woods' letter to the Committee would seem to indicate that such a teacher is attached to or employed by a partioular school for actual teaohing purposes in that school and that the supervisory work is additional. If this is the case the action of the Department of Education and Supervisory Committee may well have been proper. But, if the facts sre as represented in the quoted statement from the Biennial Report and Sophia E. Montgomery's duties are the same with respect tx the Tennessee Colony school as they are to the other schools and she is listed as a teacher in that particular school only for the purpose of enabling her to be paid out ofthe Rural Aid ?J'und, we would be oompelled to answer your first question in the negative.

Thus our answer depends upon the fasts as they actually exist. We trust the above will be ef suffioient guide to ysu.

Without being definitely advised on the facts we prefer not to attempt to answer your second question.,

Yours very truly ATTORNEY GENElUTi 03' TIEUS BY (Signed) GLENN R. LW’IS ~ Glean B. Lewis Assistant GRL:ej

APPROVXD BaaY 29, 1941

(Signed) GROVXR SELLERS

FIRST SSSISTART ATTCRmLGER'=AD

APPROVED oPmIoa COlVSWITTEE By BWB Chairman