Judges: W.A. DREW EDMONDSON, Attorney General of Oklahoma
Filed Date: 1/13/2000
Status: Precedential
Modified Date: 7/6/2016
Dear Director Rea
¶ 0 This office has received your letter asking for an official Attorney General Opinion addressing, in effect, the following questions:
Does 70 O.S. Supp. 1999, § 21-103[
¶ 1 The Oklahoma Board of Private Vocational Schools ("Board") licenses private vocational schools which operate in Oklahoma (70 Ohio St. 1991 and Supp. 1999, §§ 21-101 to 21-203) while prohibiting private schools from operating in Oklahoma without a license. See 70 O.S. Supp. 1999, 21-103(A). The issue raised is whether the Legislature intended the Board to license those entities which provide vocational training solely to inmates within privately operated correctional facilities.¹ To determine the issue raised, a brief historical overview of the vocational training provided to inmates is necessary.
A. The State Department of Public Welfare, through its Vocational Rehabilitation Division, [now the Department of Rehabilitation Services] and the State Board of Vocational-Technical Education shall implement policies and programs consistent with available funds and applicable federal statutes, rules and regulations, to provide appropriate education, rehabilitation and vocational-technical training for persons in custody of the Department of Corrections who are candidates for work release programs, parole or release. It is the intent of the Oklahoma Legislature that such programs will be available so that said education and training will reasonably be expected to be completed before parole, release or work release begins.
B. The Department of Corrections shall work cooperatively with the Vocational Rehabilitation Division and the State Board of Vocational-Technical Education to provide suitable candidates to allow reasonable cost effectiveness in the operation of said education, rehabilitation and training programs. This shall be accomplished through development of a method for screening and classification of persons in all facilities operated by the Department of Corrections, such screening and classification to be done cooperatively with the above named agencies.
57 Ohio St. 1991, § 538[
¶ 3 In 1991, the Legislature further articulated its intent to provide vocational training to inmates, setting forth various entities which the Department of Corrections should consult when implementing vocational training in correctional facilities. See57 O.S. Supp. 1999, § 539.1[
(1) the Department of Vocational and Technical Education or a public vocational-technical school within the State of Oklahoma;
(2) a private vocational or vocational-technical school within the State of Oklahoma;
(3) a public university, college or junior college located within the State of Oklahoma;
(4) a private university or college located within the State of Oklahoma;
(5) a private firm located within the State of Oklahoma; or
(6) any entity, public or private, located outside the State of Oklahoma.
See id.
¶ 5 "The cardinal rule of statutory construction is to ascertain and give effect to the legislative intent." Naylor v. Petuskey,
¶ 7 Recognizing a clear rehabilitative purpose behind vocational training of inmates, Oklahoma has a strong public interest in ensuring that qualified instructors provide such vocational training to inmates. Likewise, bonding requirements, deceptive advertisements, and career placement representations are legitimate public concerns of the State of Oklahoma and the Department of Corrections. A private vocational school should be no less accountable when it is providing training to inmates at taxpayer expense than when it is providing courses to the general public. Moreover, no specific exemption exists which would exempt vocational training from licensure simply because students are incarcerated persons held in privately operated correctional facilities.
¶ 8 Therefore, the Board is required to license training provided solely to inmates in privately operated correctional facilities as long as such training involves a business, professional, trade, technical, or industrial occupation, and such training is provided in exchange for consideration or remuneration. Since the Board is required to license training offered to inmates in privately operated correctional facilities, your second inquiry concerning voluntary licensing is moot.
¶ 9 It is, therefore, the official Opinion of the AttorneyGeneral that:
Title 70 O.S. Supp. 1999, § 21-103[
W.A. DREW EDMONDSON ATTORNEY GENERAL OF OKLAHOMA
JOHN A. MAISCH ASSISTANT ATTORNEY GENERAL