### EE ATTCBRNEW GENERAL OF-XAS

May 21, 1969

Honorable J. W. Edgar Commissioner of Education 201 East 11th Street Austin, Texas OpinionNo. M- 401
Re: Constructionof S.B. No. 35, Acts 61st Legislature, Regular Session, providing for operationof schools at the variousunits of the Department of CorrecDear Dr. Edgar: tlons.

You have requested our opinion concerningwhether in estimating the funds needed to finance the Department of Corrections schools authorizedby S.B. No. 35 (Acts 61st Leg. R.S. 1969, ch. 17, p. 47), codifiedas Art. 6203b-2,V.C.S., the School Fund Budget Committeemay Include the costs entailed for the schoolingof Incarceratedadults who are not high schoolgraduates.

We answer your question in the affirmative. Section 1 of S.B. No. 35 authorizes the Department of Corrections to establish and operate schoolsat the variousunits of the Department of Corrections. Section 2 provides that, "All persons Incarcerated In the Department of Correctionswho are not high schoolgraduates~ are eligible to attend such schools.' Section 4 provides that the total cost of operating such schools shallbe borne entirelyby the state; that such costs shallbe paid from the Foundation School ProgramFund; and that such costs shallbe consideredannually by the Foundation School Fund Budget Committeeand included In estimating the funds needed for the purposes of the Foundation School Program. Section 4 furtherprovides that an estimate of the 1968-1969 schoolyear shallbe certified to the Comptroller by the Committeewithin 30 days after the effectivedate of the Act.
You have advised that since the Inceptionand imFlementatlon of the Foundation ProgramAct in 1949, the term a child of schoolage" has been regarded and construed to mean and Include childrenwho are not over 21 years of age at the

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beginning of the scholasticyear.

The Legislaturehad the power and the right to enact said S.B. No. 35. This Act expresslyprovides that all persons incarcerated in the Department of Correctionswho are not high schoolgraduates are eligible to attend such schools,and further provides that the costs of such schools shallbe considered annuallyby the Foundation School Fund Budget Committeeand 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 Correctionsand are not high schoolgraduates. Article 620313, being a remedial or curative statute,must be given a liberal interpretationto 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 (codifiedas 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,

Preparedby Jack Sparks AssistantAttorney 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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