Texas Attorney General Opinion: O-1129 Page: 2 of 2
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Honorable T. M. Trimble, page 2 0-1129
with the general management and control of school affairs in
the county, and upon such appeal being perfected the County
Board then may properly inquire into the question of whether
such transfer should be set aside in the interest of the proper
administration of the school, subject to any statutory limita-
tion. Although no detailed procedure is set out for perfect-
ing such an appeal, we do not think this would be sufficient
to defeat the right of a school district to make application
and appear before the Board for a determination of the issues
presented. If the school districts are not dissatisfied with
a transfer made within the statutory limitation, no appeal will
be presented, and the ministerial action of the County Super-
intendent will effectuate the desires of the parent. In short,
the statute merely makes the County Board of School Trustees
the tribunal before which disputed transfers will be heard and
determined and not the County Superintendent.
In answer to your first question, it is our opinion
that the action of the County Superintendent in performing his
ministerial duty in entering a transfer of a scholastic may be
reviewed by the County Board of Trustees upon proper appli-
cation to such Board by an interested school district.
Having determined that the action of the County Super-
intendent in transferring pupils can be reviewed by the County
Board of Trustees, your second question does not require an
answer.
Yours very truly
ATTORNEY GENERAL OF TEXAS
By s/Cecil C. Cammack
Cecil C. Cammack
Assistant
CCC :mr :w c
APPROVED JULY 24, 1939
s/W. F. Moore
FIRST ASSISTANT
ATTORNEY GENERALApproved Opinion Committee By TDR Chairman
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-1129, text, 1939; (https://texashistory.unt.edu/ark:/67531/metapth258312/m1/2/: accessed May 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.