We are in receipt of your letter of March 7, 1949, re- questing that we reconsider our Opinion No; O-1944, addressed to the Honorable Olan R. Van Zandt, Chairman of the Joint Legisla- tive Advisory Committee. In thatopinion we reuled that the State-Superintendent-of Public Instruction and the Joint Legis- lative Mvlsory Committee dld not have authority under the pro- visions-of House Bill No. Acts 46th Legislature, to direct applicants for rural aid under such Act, to omit receipts from the State per capita apportionment which they would receive for pupils transferred into the school district from a district in- eligible to receive aid under Section 6 of the Act, in showing the budgeted receipts of the receiving district-under Section 13.

You suggest that Inequities and hardships to school districts will result under our constr.uction of the Act, and state that: "1~1 many Instances the number of pupils-transfer- ring into State aid schools make it absolutely essential that extra teachers be employed to take care of this influx."

The questions raised in your present request were con- sidered in.our original opinion, and It was pointed out that the Legislature had provided for adjusting such hardships or ln- e.qultles asmight arise. In that opinion; we stated:

"If this construction works a hardship upon the school receiving such ineligible transfers, such result does not justify a disregard of the statute. The wisdom of the stat- ute is for the Legislature. Besldes,.other provisions of the kct may take care of such situation. We refer espec- ially to that provision contained in Section 4 'that where unusual or extraordinary conditions cause an actual in- crease in enrollment, an'adjustment as to the number of teachers may be made by the State Superintendent on approv- al of said Joint Legislative-Advisory Committee not to ex- ceed the teacher-pupil load provided herein."'

Hon. L. A. Woods, page 2 (O-897)

Section 4 of House Bill No. Acts 46th Legislature,

reads as follows8

"Sec. 1;. (Teacher-Pup11 Load.)--State aid under pro- visions of this&t shall bye allotted upon the basis of one (1) teacher for any number of scholastics from twenty (20) ~to thirty-five (35) and one (1) additional teacher for-each additional thirty (30) scholastics; or fractional part thereof residing in the district. It Is expressly provlded that In the event pupils are transferred into the district the excess fractional part thereof shall not be less than two (2) scholastics. The basis for calculation shall be the net-scholastlc,enumeration of white or col- ored r&e, as the case may be, including the transfers into the district and excluding the transfers out of the district, provldeb such transfers are from the districts eligible to receive aid under Section 6 of this Act, for the current year; and there shall be deducted all schol- astics who have completed the course of study in their home school, as authorized by the county board of trustees, provided that where unusual or extraordinary conditions cause an actual increase in enrollment, an adjustment as to the number of teachers may be made by the State Super- intendent on approval of said Joint Legislative Advisory Committee .not to exceed the teacher-pupil load provided herein. .& condition of unusual enrollment may be said to exist when and If the average daily attendance'of a school reaches a point in excess of the net scholastics remaining in the district after transfer. Under no conditions shall aid be granted for teachers in excess of the teacher-pupil load based on the average dally attendance, for a period of at least five (5) consecutive months; provided further that under no condition shall aid be granted any district In excess of the number of teachers actually contracted for and employed as authorized herein, and shall also be ~uthorlsed to increase the teacher-pupil load from thirty (30; to forty (40) after the employment of the fifteenth teacher on the.teacher-pupil load provided herein, and shall further be authorized, If deemed advisable, to place all schedules of payment for the last year of the biennium on the net scholastics for such school districts for the year preceding."

The teacher-ouoil load is one teacher for anv number of scholastics from tw&%y (20) to thirty-five (351 and one (1) additional teacher for each,addltiotial thirty (3O),scholastics- or fractional part thereof. The Act then directs-the method for calculating the net scholastics within the district for determin- ing the number of teachers which may be set up in the budgeted expenditures of the district under Section 13. This is based *3 Hon. L. k. Woods, page 3 (C-897) and out of a diStriCt

upon the scholastic and scholastics who have completed their census, transfers in

course of study in their borne school. Under Section 5, the school district Is not __ ..- disqualLfied from receiving salary aid deternlnec. in this method ylle. i; 8 t.3 f >rerage daily attenI;mce Is less than sixty-five is>;,) per zent cf the scholastic tens-us enrollment.

._

T’ke Se&ton then provides that the State Superlntend- azt atti Joint Legisi.tlve Gdvlsory & ommlttee may adjust the num- 3er 0T F e;-ohers Yhere onuspal or extraordinay conditions caused se bw. zi _:&:,::l lncregs* f.Q cr Iher&, provided hcwever that the nu%b~ of.t~sachars shall :otOexceed the teacher-pupil load therern provlS?d. ‘IA condition of unusual enrollment may be said to exist when and if -the average dal’iy attendance of a school reaches a point in excess of the net scholastics remaining In the Zistrict after trwsrer.l~ Here WP find a specific provision au- ,& .horising the State Superlntri;dent L81d Joint Legislative ddvis- ory Committee to tilc~ addltloaA teachers when there is an ac- tual increase in enrolZ.ment a& the average dad.ly atteudance is’ greater than the number of the net scholastics apportioned to the. -district based upon the scholastic censns and trantieer record, if such Increase is sufficient to warrant additional teachers and oreate an unusual or extraordinary condition. The disquali- flc&ilon that the number of teachers allowed under this proti- . slon shall not exceed the teacher-pupil load refers to a calcu-

laMon of teacher-pupil load based upon average dally ‘attendance and not upon the census and transfer records. Any other con- struction would render the %nusual or extraordinary bonditionsU portion of the Section wlthout any significance or meaning what- soever, since the school dlstrlct would already be entitled to the full number of teachers calculated upon the basis .of the census and transfer records wrthout any reference to unusual or extreordinary conditions. ’

/ : lie adhere to the conclusions expressed In our origlnal Opinion Ro. O-1944, 31;d are of the opinion that the Inequities in the man- and hardships to which you refer should be adjusted ner provided by the Legislature and in accordance with the pro- visions of Section h-of House Bill No. 933, Acts 46th Leglsla- Wire. _ Yours very truly

APEROVZD MAR 18, 1940 ZTTORNEY GRRERAL OF TEXAS Id..GeralG_G. Mann ATTWNEY GEI@El-&I, OF TFXAS By.fsJ-Cecil-C.-Cammack,. Cecll‘C, CammackI, Assistant I?PPRQ~P:..QRINICON-COMITY 4x2 4!Jds, - rn4~~~.. CCC:RS:wb