Hon. J. W. Edgar

Commissioner of Education Texas EducationAgency 201East Eleventh Street Austin, Texas 78701 Dear Dr. Edgar: Opinion No. R-M-977 Re: Construction of Subsection (a)(7) and (a)(2)of Section 32.39,Texas Education Code. ing: In your request for an opinionyou state the follow-

*TheTexas Proprietary School Act (House Bill 333, Chap. 620, Acts of 62ndLeg., R.S., 1971, at p. 2006, effectiveJanuary 1, 1972) is codified as Chapter 32 in the Texas Education Code.

"Section 32.39(a) of the Code relates to and requires a Refund Policy of Proprietary Schools seeking certificationunder the Act: it reads:

"(a) As a conditionfor granting certificationeach schoolmust maintain a policy for the refund of the unused portion of tuition, fees, and other charges in the event the student fails to enter the course, orwithdraws, or is discontinued therefrom at any time prior to completion, and such policymust provide: "(1) . . . "(2) The effective date of the termination for refund purposeswill be the earliest of the following:

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"(a) the last date of attendance, if the student is terminated by the school; "(B) the date of receipt of written notice from the student; "(C) ten days following the last date of attendance:

,I

. . . "(7) refunds shallbe totally consumated within 30 days after receipt of written request or terminationby the school.

"The ProprietarySchool Advisory Commission is now engaged in a study and recommendationswith respect to policies and standards toward implementation of the law (Section32.23(f),T.E.C.).

"SomeCommission members have an opinion that 'within30 days' as used in subsection (a)(7) applies only to situations spelled out in (A) and (B) of subsection (2)(a);and because (a)(7) is silent with respect to (C) thereof. There are others that believe that the language of Section 32.39(a)(7) applies to all circumstances. The Commissionwould appreciatereceiving and has asked that I submit its request to your office for an opinionwhether:

"Subsection (a)(7)of Section 32.39, Texas Education Code, applies only to (A) and (B) of subsection (2)(a),or also to (Cl.)I

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The provisions of subsection (a)(7)of Section 32.39 of the Texas Education Code relate only to the language found in paragraphs (A)and (B) of Subsection (a)(2)of said Section 32.39, and do not have application to said paragraph (C). It is out opinion that Subsection (a)(7)of Section 32.39,Texas Education code, applies only to said paragraphs (A) and (B).

The written notice provision of paragraph (B) is available to all personswho fallwithin paragraph (C),and that noticewould bring into operation subsection (a)(7). SUMMARY Subsection (a)(7)of Section 32.39, Texas Education Code, does not apply to paragraph (CL!) of Subsection (a)(2)of said Section 32.39. truly yours,

RD C. MARTIN Att&ney General of Texas Preparedby Jack Sparks AssistantAttorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E. Allen, Co-Chairman Bill Craig Ben Harrison Jerry Roberts Robert Davis

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SAM McDmIEL Staff Legal Assistant ALFRED WALKER ExecutiveAssistant NOLA WHITE First Assistant (M-977)

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