Untitled Texas Attorney General Opinion ( 1969 )

EE ATTCBRNEW GENERAL OF-XAS May 21, 1969 Honorable J. W. Edgar Opinion No. M- 401 Commissioner of Education 201 East 11th Street Re: Construction of S.B. No. Austin, Texas 35, Acts 61st Legislature, Regular Session, providing for operation of schools at the various units of the Department of Correc- Dear Dr. Edgar: tlons. You have requested our opinion concerning whether in estimating the funds needed to finance the Department of Corrections schools authorized by S.B. No. 35 (Acts 61st Leg. R.S. 1969, ch. 17, p. 47), codified as Art. 6203b-2, V.C.S., the School Fund Budget Committee may Include the costs entailed for the schooling of Incarcerated adults who are not high school graduates. We answer your question in the affirmative. Section 1 of S.B. No. 35 authorizes the Department of Corrections to establish and operate schools at the various units of the Department of Corrections. Section 2 provides that, "All persons Incarcerated In the Department of Corrections who are not high school graduates~are eligible to attend such schools.' Section 4 provides that the total cost of operating such schools shall be borne entirely by the state; that such costs shall be paid from the Foundation School Program Fund; and that such costs shall be considered annually by the Foundation School Fund Budget Committee and included In es- timating the funds needed for the purposes of the Foundation School Program. Section 4 further provides that an estimate of the 1968-1969 school year shall be certified to the Comptroller by the Committee within 30 days after the effective date of the Act. You have advised that since the Inception and imFle- mentatlon of the Foundation Program Act in 1949, the term a child of school age" has been regarded and construed to mean and Include children who are not over 21 years of age at the - 1988- Hon. J. W. Edgar, page 2 (M-401) beginning of the scholastic year. The Legislature had the power and the right to enact said S.B. No. 35. This Act expressly provides that all persons incarcerated in the Department of Corrections who are not high school graduates are eligible to attend such schools, and fur- ther provides that the costs of such schools shall be considered annually by the Foundation School Fund Budget Committee and ln- eluded In estimating the funds needed for purposes of the Foundation School Program. It Is clear that in enacting S.B. No. 35 the Legisla- ture Intended for the Foundation School Fund Budget Committee to Include In Its estimate the costs entailed for the schooling of all persons over 21 years of age as well as all persons under 21 years of age who may be incarcerated In the Department of Corrections and are not high school graduates. Article 620313,being a remedial or curative statute, must be given a liberal interpretation to carry out the legislative intent. 53 Tex.Jur.2d 303, Statutes, gl97. SUMMARY In estimating the funds needed to finance the Department of Corrections schools authorized by S.B. No, 35, Acts.6lst Leg. R.S. 1969, ch. 17, p. 47 (codified as Art. 6203b-2, V.C.S.), the School Fund Budget Committee shall Include the costs entailed for the schooling of all persons both over and under 21 years of age who may be incarcerated in the Department of Corrections and are not high school~graduates. Verflruly yours, Prepared by Jack Sparks Assistant Attorney General -1989- . - Hon. J. W. Edgar, page 3 (M-401) APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman Qeorge Kelton, Vice-Chairman Dunklln Sullivan Tom Bullington Bill Craig James Quick W. V. Geppert Staff Legal Assistant Hawthorne Phillips Executive Assistant -1990-