Opinion

Untitled Texas Attorney General Opinion

Court
Texas Attorney General Reports
Filed
Jul 2, 1939
Status
Published
On the bench
Gerald Mann
Cited by
0 cases

The opinion

OFFICE OFTHEATTORNEY GENERAL OFTEXAS /

QmAcn c. MANN

A-“” .s*-

Ronorab,leli.B. Baker

count]rMitoxllay

Folsaan county

Coleaan, Gmaa

e minutes or the colema

c 8, 19JO la

ting twe alamt3ntary

hlte Cbapsl of the %nteamial Ron1

Bo. a oulu up ror ooFmiberatlon.

regardlw, the lttex rpoa yhrcl,fcmt~inccs,

uorl, xx, Plexoe, xl-i 3-i.a. lRlxtxl*

(10uawU~0t16 belief oi all that mob a

~ntaplag wowl8 Kreatly laareaoe tbe sfliaLsao~~ oi theft

OlenmntrrJ~ aobool. So at thr in8tWO6 of the &IJem aad

White CbaDOl Gchcml Dl8trict aaffwith the 001LQUxraMO

of tho Centannie Bohool.Board, ths xeptlsetasking @cm-

sall?rrt.ionof the two j&mfmtUy 6Ubd.6 iQX the

easula~ year wan granted.*

“i’cr the sahool year 1939-40 lt sees8 there

a:11 be 29 clezsntarp pupils in the Y:hite Chapel

elementary school dlstrlct. A number or tho patrons

of this local elementary district Oeslro to have their

clc%entary school rcestabllehed. The school board doea

sot xisb t6 do thlh* thereiore 3 would like to bavr.

your opinion ns to vhether ttlls local board 1s obli&rA

to reestablish this sohool. Also, would the aountf

board of &ohool trunteee have any authority in the

roattcr7”

k Careful search of the statutes relstln@ to rural high

schooi Ofstrlctn does not revenl any provision exprearly reQuiring

that elementary schools rlthin the rural hi@ eohool dlstrlot sntst

be mastabllshsU after they have beian dlroontlnued.or oonsoll&tod.

mtiole petri, hevised Clvll statutc8, 1925; provlaer ar

f OlLovm :

“The oounty board of school Qwsteas ahall not hare

the authority to abollch or oonsolldate any elementary

school district almaay eotabllshei3 axoopt upon ths ooto

cr a majority or the walliled eleotoro re~lding In suoh

elemntary Olstrlct; provided that when any mohoolrith-

in tin elementary alatrlot rtdls to he*? nn lrorags daily

attendance the preoedin& year of at hlsaettwenty pupil.8

it may be dlaoontlnued by t&o board or trwteaa of Said

rural high sohool dlstrlot, and aald dlatrlot mar be oon-

solldated by the oounty board at sohool trumteeo nlth

ame other dlstrlat or dI8trlatr tar elemcntary8ohool

purposes; provided that it tberc la more than one *mite

or one aolomd sohool in ,euoh elementary sohool dlstrlot

the board of trustee8 of the aaid rural high school al*-

tricts ‘or an independent dlstrlot, as the csee my be,

rz~y aonsolldate such white or oolorsd .sdhoole or $ho

elementary district; end provlaed that the board OS trustees

of a rural high sohocl Oiatrlot stay transfer the pupila

of one elementary dlatriet to another within the rural

hl(rb satiooi dlstriot, nben~ the transfer 1s made tram an

nlencntary aifmm df lower olaerirIoatfon to one of

hlpber ohseffloation; and provlaea further that the bcmrd

Or tNStoS8 Of #I rYrtd high 80h001 a;StrfOt riW tXWIrar

pupils from an elerentary dli%trlOt to any Other elOm8nt6rY

dlatrict within the rural h&h eohool district UDQIIWpll-

oatlon or tho pamnts or:&uardlan of the said pupils.

Eon. i . i:. iieher, $3.

“K~encvcr :Ine :.r more eo.mon cchool dietriots

are onncsed tc a cozzon mhool district or to an

5ndepondc:it d?atrIct under the provjsione of tieotion 1,

euch coumn or Independent district shell maintain

elemntery oehoole of huoh clssslfIoatIon as the oouuty

board xay dt+elghate In eaoh Clatriot 80 qnexed, for. the

wee length or term provided for the schools oi-the

said covmx; ochooi dlatrlct or lndepandent dlstrlct.

provided such schools may be dlsooatlnuod by the looal

board oi truotoes when the average dally attendanoe of

er:y such eohoola for the preceding year is lee8 than

twenty.”

You do not state in .your letter that the board of trustees

of the rural hlph ochool district evsr dlscontlnued the White Chapel

alemmtary nchool dirtrlct abut we armme suah Is the ease slnoe

the order of the oouuty board reoites that the purported ooneollda-

tion was kith the cohourrenoe of the rural high mhool board. Tou

~111 note that krtlule 2929t plaoea the authority to dlroontlnuo

an elementary school In the board of truataea or the rural hlgb

sohool distrlot and not Iu the oounty board of sahool trueteao.

Tbe oountq board of school trustees Ia authorlaed to consolidata

euoh elemntary dIetrIots under uertoln oonditlons r:lth another

district for clomontary school purposea, but In this commotion wa

call your attention to the order entsred by the Colman County

imbool Eoard which doe8 not purport to ‘aonsolldate the two olamen-

tary eoboole exoept *‘top the enauin& vear.a

In Chastein v. kauldlaa (T. C. A. 1Osb) 32 S. :;. (2d)

2tJ5, the court tacitly approved an agreenient that an elementary

school would be keeatabllahed or resumed wider oertaln conditIonS,

however, in that aa6e tho average attendance during the last

preoeding sess!on wag as mch or more than twenty elcmental?y pupIla.

5.0 cell t&is to your attention lnaemuch aa it Is possible that 8oxv.e

euch aCroe=ent mleht have been made with retcrence to the &bite

Chapel elementary sahool in view of the wording or the mlnutell Or

the oounty sehoo 1 board.

i‘be power of the board oi trusteea of the rural distrlat

to dlsaontinue an elementary sohool Is not. .depenbent upon,the possi-

bility of ho% meny elementary pupila there will be In the sohool

dietriot for the current year but it Is provided that *when any

sohool rlthin my slomantary district Sails to have an avera&e

dally attendanoe the preosdlng yoar of at lea& twenty pupils It IMP

disoontinucd by the board of trustees of aa%Q rural high oohool

d:striot.”

Eon. VI. B. Baker, #4.

Based upon the faota a8 subialtted by you, It la our

opinion thet the local board of the rural high school district

le not required to reestablish the Yhlte Chapel Elementary

Gohool Xstrlct for the sohool year 1939-40.

We are further of the opinion that the county board of

aohool trustee8 1s not authorized to reestablieh an elementary

aoh within a rural high SObOo di8trlat where the board of

t-tees of said rural high school dftirlot ha6 dleoontinued

suoh elementary eohool ae provided by law.

Yours very truly

ATTORIJEY OgNgRbL OF ‘IgXAB

Aaaistant

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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