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1943 Book 3 Texas Attorney General Reports and Opinions 1 (1943)

handle is hein.sag/sagtx0186 and id is 1 raw text is: XLNTr ArcDtriw tETnA~YR Gerald C. Mann AT 1,. Tw- s Hon. L. A. Woods Opinion No. 0-5413 State Superintendent of Re: Whether elementary tuition Public Instruction may be paid under current rural Austin, Texas aid bill (Acts 1941, 47th Leg., R.S., Ch. 51+9, H.B. 284, p. 880). Dear Sir: We have before us your letter of June 17, 1943, which we quote in part as follows: There are several situations in Texas in which the districts request the county board to classify the school to teach no grades or to teach part of the elementary grades and arrange for some other school to teach their children whose grades they do not offer. The current Equilization Aid Law does not make specific provision for tuition on elementary students who are not contracted as pro- vided in Article 8. In order to try to take care of the situation I am acting under authority of Article 2657, Acts of the 29th Legislature, and am interpreting the law to mean that we would be au- thorized to pay the cost of instruction on any child living in a district eligible to receive aid whose grade is not taught in his district. You will note also that Article 2678a, Acts of the 44th Legislature, authorizes county boards to classify schools in accordance with the regulations of the State Superintendent of Public Instruction and that such regulations and classifications shall be made for promoting the efficiency of the elementary schools and establishing high schools at convenient and suitable places. My regulations for the past several years have been that a one-teacher school should not teach more than six grades, that a two- teacher school should not teach more than eight grades, that a three-teacher or four-teacher school should not teach more than nine grades, and that a five-teacher school should not teach more than ten grades in a twelve-grade system. You will note that Article 2678a provides in part that 'if said student after having completed the course of study offereA in his home district is not

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