Texas Attorney General Opinion: M-480 Page: 4 of 5
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Hon. J. W. Edgar, page 4 (M-480)
We are assuming that the trustees of the independent
school districts in Ellis County concur in approving the hiring
of the attendance officer. However, such independent school dis-
tricts have the option of receiving their pro rata share of county
available funds rather than having such funds spent in employing
an attendance officer. See the reasoning in Wester v. Oge, 68 S.W.
1005 (Tex.Civ.App. 1902, error ref.).
As for your second question, we find no requirement in
the Texas Education Code that a school attendance officer hold a
college degree or a teacher's certificate. We therefore answer
your second question in the negative.
SUMMAR Y
When a county school board elects an attend-
ance officer pursuant to Section 21.037(e) of the
Texas Education Code, at a salary determined by them
and payable from the county available fund, the
school districts, including the independent school
districts, of that county that receive the services
of the attendance officer shall be charged their
pro rata share of county available funds expended
epineplying said officer, in determining their
eligibility for Foundation School Program funds.
A school attendance officer elected pursuant
to the provisions of Section 21.036, et seq.,
Texas Education Code, is not required to have a
college degree or teacher's certificate to be
qualified to serve.
You very truly,
GAWFOtC. MARTIN
Attorr y General of Texas
Prepared by James C. McCoy
Assistant Attorney General-2395-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-480, text, September 25, 1969; (https://texashistory.unt.edu/ark:/67531/metapth269704/m1/4/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.