# Untitled Texas Attorney General Opinion > Texas Attorney General Reports · July 2, 1949 URL: https://www.frixlaw.com/law-library/cases/4137839 ## Case - **Court:** Texas Attorney General Reports - **Decided:** July 2, 1949 - **Precedential status:** Published - **Opinion:** Opinion - **Judges:** Price Daniel - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4137839 ## Opinion text P THE A GENERAL, 0atober 11, 1949 Hon. L. A. Wood8 Oplnlon lF0.v-933. State bup6rlntendent Department oi Education Re: lbueerrrtrngin the Austin, Texas school oewus tllore non-rtmQ?antscholas- tics whose traulsfer hw not been approved by the State Commis- DearSir: aloner of Eduoatlon. We refer to your opinion request wherein you state, in substance: Paragraph 2 of Article III, Senate Bill 116, 51st Legislature,reads: "Providedthat the attendmae oi non- nsident soholastioswhose grades Bre~teught in their home diatrlota shall not oount to- wards teaoher eligibility,unless the trens- fer of such roholastieshas bean approved by the County 3ohool Board and the State Commia- aloner of Education." Many oounties have reported to tha Sohool Can- IIUBDire&or of the State Department of Eduoation trans- fera of soholastiarwhose grades are taught in their home distrlat. 3wh traasiera beer the approval of the Uounty School Board.. Fhere are aany transfer8 that~ve@e approved by the County Boards but then disapprovedby the State Com- missioner of Biuoation. Does that disapprovalramova the ohild iran the transfer raport and leave the per oaplta~apportionmentLn the home (sending)diatrlot? If not, vi11 the name re- main on the transfer report ,andthe per osplta be paid to the reoeiring distrlot? We do not know whether to leave tha pep oepita money in the sending district or credit It ,-- to the reoeivlngdistrict. Articles 2696and 2697of Vernonta Civll3tatutw Eon. L. A. Yoods, page 2 (V-933) set oat In detail the prooedure to be followed in effect- ing the transfer of ohlldreixfraa one dlstrl.otto another. These statutes also provide that if any dis,triotis dls- satisfiedvith any'transfermade by the County 3uperinten- dent it mar appeal from suoh aotion to the County Board of Trustees who shall have the right to oanoel the transfer. Artlole 2696 also providea: " . Upon the oertifioationof the tzansfk'of any ohlld, from one dLatrZot to mother diatrlot, by the oou&y auper- Intendout of the oounty in which the ohild resides at the time of the tramfer;the atate Departwnt of Eduuatfon #hall -Ruth- orl%e the Jtate Treasurer to pay over di- reotly the per oapita apportionment,In tnde ndent distrlats of five hundred (5OOY or more soholastiopopulation,to the dlstlrlotto whioh swh ohlld is trens- ferred; and in all other dirtricts;~T-to aounty ruperlntendents,to be pe1d.b~ him to the nrpeetive dirtrlctr t6 Thlob~-iiueh ohlldren are tranaf8sred;pPovlded,PO transfer ahall be made efter August 1st." Under the law govePntngdlstrlbtitlon of the available sohool fund, the per oaplta apportiionment Is distributedto the dlstrlot in,whioh the aoholastlo is enumerated,usually his home district. Texas Constitu- tion, Art.p‘IE,3eos.5 and 7g,Arts.2665, 2692, V.C.3. The statutes p?ovide for the tPansf8r of scholasticsIn the Instames enmerated and in the manner provided. brts.2696-2699;3.B.116, Art.111, par.3, Aots 51at Leg., 1949. Wher&a sbholestics is transferredln the manner presorlbed by law, the per oapfta apportionmentfollows him to the diatrlot to whioh he is transferred. Exoept- lug the lnstames when the soholestiois legally tranr- ferred, the per oaplte apportionmentfor that scholastio is payable only to the district wherein he is enumerated. Art.2699-Love v. City of Dallas, 120 Tex.351, 40 3X.26 20 (19311;JNeCor~eC~ia~~tees of,R;b;