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

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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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