Untitled Texas Attorney General Opinion ( 1948 )

151 THEATTORNEYGENERAL OPTEXAS' &wrlN. -rExAe PIUCE DANIEL FAOAN DICXSON A.n.n-o- o-mtmAl. NIT-- July 10; 1948 Hon. L. A. Woods Opinion No. V-631 State Superintendent Department of Education Re: The statutory ssZary Austin; Texas .. of an~elementary school prlnolpal Attn.: Ron. T. M. Tdnble, whose school Is in First Assistant a building separate from the .highsoheol buildlngandhas less than nine teaoh- era. ie'.referto your letter of recent date where- in you request ouropinion on,the above aaptlonedmat- ter& We quote from yourletter as follows: "Article III, Section 2, Aragraph 6 of II.~B., 295; an;Aot of the 50th Leg- ~4slature,reads arifollows: "tlZlementary kijunlor high sahobi principalsIn a'school district having a four-year high school may receive an addi- tlonall'aliowanceof Two Dollars and Fifty Cents ($2.50)'permonth for eaoh elemen- tary teacher under hia ~supervlslon,If the school in which he ls'teaohlng1s located is a.bulldingapart from th6 high sohool s building or lf he devdtes fifty per cent (50$) or more of his tlnieto'stipervlsion and the school empldys nine (9) or more teachers,but in no event shall he receive more than twenty-fiveDollars ($25.00)per month addltlonal.t "Followingthe llneaof thought in the first part of the sentence quoted above, .&2.50can be allowed .foreach teacher under the supervisionof the principal of an ele- mentary school which is located in a bulld- ing apart from the high school even though Hon. L. A. Woods, page 2 (V-631) the school does not have nine teachers,as is required In the second part of the sen- tence, and the principal Is not requlrp to devote 50% of his time to supervision. QUESTIOB: "Is the EqualizationDlvi- slon of the State Department of Education allowed to grant an increment in salary for a prlncl 1 of,an elementary school at the rate of r2.50 per teacher under his super- vision, If his school Is located In a bulld- lng separate and apart from the high schooli and the school has less than nine 'teachers. We are Informed further that the district In questionhas a four-yearhigh school, that the elemen- tary school Is accredited and that the dlstrlat has a stiperintendent.Therefore, paragraphs 2 and 3 of Arti- cle III, Section 2, H. B. 295 have no application. We think that paragraph 6, above quoted, is clear and unambiguous. It provides that an elementary ,schoolprincipal,as well as a junior high school prln- olpal; in ~lstrlcts having a four-year high sohool may receive an increment of $2.5O.per month for each ele- mentary teacher under his supervisionunder either one of the following conditions: (1) "if the school In which he 1s teaching Is looated in a building apart from the high school building:93: (2) "Ii:he devotes 50$ or more of his time tonsupervisIongnd the school employs nine or more.teachersb The maximum Increment such a principal may receive thereunderis fixed at $25.00 per month. The word ‘orn as uaed in said paragraph and emphasizedher819bove Is used In the disjunctivesense. When the term or Is used, It Is presumed to be used In the disjunctivesense unless the le lslatlve Intent Is clearly contrary.,Sutherland Stat.eronst.,3d Ed. Vol. 2, Sec. 4923.. We find no provision in this law which re- quires or~compelsthe constructionthat norn should be used in the aonjunctlvesense. Therefore, the olause 'and the school employs 9 or more teachers"may not be and was-not Intended to be consideredas an addliilonal condition to be read In conjunotionwith "If the school In which he Is teaching Is loc%ted In a building apart from the high school building. ,The Legklature, we believe, clearly expressed in sald,pafagraph6 an intent that an elementaryschool 153 Hon. L. A. Woods, page 3 (V-631) principal In such a dlstriot teaching in a school locat- ed apart from the high school building (thus removed from the immediate assistance and advice of the superior school authority, the school superintendent and left to admin- ister his school In a large capacltyj should be paid the Incrementas provided, even though the school employs less than nine teachers. SUMMARY The EqualizationDivision of the De- partment of Education Is allowed to want an Increment In salary for a principal of kn elementary school at the rate of $2.50 per teacher under his supervleionIf his sohool Is located in a building separate and apart from the high school even though said school empldys less than nine teachers. Aots 50th Leg., 1947, H.B. 295, Art. III, Sec. 2, paragraph 6. Yours very truly, ATTORRES! GENERAL OFTEXAS cEo:mw BY-rw Cheste;E. Olllson Assistant APPROVED: