Hon. J. W. Edgar 

Commissioner of Education 

Texas Education Agency 

201 East 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 opinion you state the follow- 

*The Texas Proprietary School Act (House 

Bill 333, Chap. 620, Acts of 62nd Leg., R.S., 1971, 

at p. 2006, effective January 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 certification under the Act: it reads: 

"(a) As a condition for granting 

certification each school must 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, or withdraws, or is discontinued 

therefrom at any time prior to completion, 

and such policy must provide: 

"(1) . . . 

"(2) The effective date of the termination for refund purposes will be the 

earliest of the following: 

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Bon. J. w. Edgar, page 2 (M-977) 

"(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 shall be totally consumated 

within 30 days after receipt of written 

request or termination by the school. 

"The Proprietary School Advisory Commission 

is now engaged in a study and recommendations with 

respect to policies and standards toward implementation of the law (Section 32.23(f), T.E.C.). 

"Some Commission members have an opinion 

that 'within 30 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 Commission would 

appreciate receiving and has asked that I submit its 

request to your office for an opinion whether: 

"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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Hon. J. w. Edgar. Page 3 (M-977) 

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 persons who fall within paragraph (C), and 

that notice would 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 

Prepared by Jack Sparks 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Bill Craig 

Ben Harrison 

Jerry Roberts 

Robert Davis 

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Hon. cr. w. Edgar, page 4 

SAM McDmIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

(M-977) 

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