EE ATTCBRNEW GENERAL 

OF-XAS 

May 21, 1969 

Honorable J. W. Edgar 

Commissioner of Education 

201 East 11th Street 

Austin, Texas 

Opinion No. M- 401 

Re: Construction of S.B. No. 

35, Acts 61st Legislature, 

Regular Session, providing 

for operation of schools 

at the various units of 

the Department of CorrecDear 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 estimating 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 imFlementatlon 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 

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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 further provides that the costs of such schools shall be considered 

annually by the Foundation School Fund Budget Committee and lneluded In estimating the funds needed for purposes of the 

Foundation School Program. 

It Is clear that in enacting S.B. No. 35 the Legislature 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 

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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 

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