Attorney General Opinions 
Relating to County Government

2005 Education

• For purposes of calculating BEP funding, children with disabilities who are 3 or 4 years of age and who are served by the LEA should be counted in the average daily membership of the LEA, as well as being funded under the “special option” component of the BEP.  Opinion No. 05-167 (November 1, 2005).

• A non-licensed, non-tenured employee has a property interest in the one-year term of the employee’s contract.  If the director of schools discharges the employee for cause during the year, the employee is entitled to due process.  Opinion No. 05-158 (October 14, 2005).

• Distribution of school bond proceeds is based on the relationship of each system’s average daily attendance (ADA).  Cities, special school districts, and counties cannot change the statutory ADA measure, but cities and special school districts can agree to waive their rights to their portion, in whole or in part, of the school bond proceeds.  Such a waiver would have no effect on BEP funding.  Opinion No. 05-134 (August 26, 2005).

• The federal No Child Left Behind Act requires all public school teachers who teach core subjects to be “highly qualified.”  Imposing these new criteria on teachers who have met previously established criteria for licensure does not violate any constitutional provisions.  Opinion No. 05-065 (April 27, 2005).

• The City of Memphis is required to provide funding for its K-12 education program.  If the city eliminates or reduces the current level of funding, it will be in violation of the law.  If the city reduces or eliminates funding, Shelby County would have to accept responsibility for the former students in the Memphis City Schools.  Opinion No. 05-021 (March 10, 2005).