December 

### 7,1961

Honorable Alton County Attorney Lubbock County Lubbock, Texas R. Griffin Opinion No. 

### ~~-1216 Re: Whether a child under slxteen years of ago who'has completed the ninth ~grade andwhose services are needed for the support of his parents is required to attend school under the compulsory attendance laws,

. -.. .. Dear Mr. Griffin: ana relatea questlon.

Youhave requested an opinion of this Department on the following two questztons:

"(1) Is a child under sixteen 

### (1.6) years of age whohas completed the ninth (9th) grade and whose services are needed for the support of his parents, required to attend school under the compulsory school attendance laws? "(2) Is a child over sixteen 

### (16)years of age required to attend school until he has completed the ninth (9th) grade?" The "Compulsory School Attendance Laws" to which you refer In your letter are codified in the Civil Statutes as~Article 2892, Vernon's Civil Statutes, andthe corresponding penal provision as Article 297, Vernon's Penal Code, and read In part as follows:

"Every~chlld in the State whois seven 

### (7) years andnot more~thansixteen (16)'years of age shall be required to attend the public schools In the district of its residence, or in someother district to which It maybe transferred as provided by law, for a period of not less than one hundred andtwenty (120) days annually.

. . ." Article 2893, Vernon's Civil Statutes, andArticle 

### 298,Vernon's Penal Code, read in part as follows:Honorable Alton R. Griffin, page 2 (~~-1216)
11

. . . "5. Anychild more than sixteen (16)years of age whohas satisfactorily completed the work of the ninth grade, andwhose services are needed in support of a parent,or other person standing In parental relation to the child, may,
. ,,,. be exempted from further attendance at school. Wewill consider your last question first, because it has been answered by this office In Attorney ‘General’s Opinion V-954 (1949), Inwhich It washeld that a child whd attains the age of sixteen or over before the beginning of the public free Schools In his district Is not subject to the provisions of the compulsory attendance law, whether or not he has completed the work of the ninth grade, Weare enclosing a copy of this opinion andyour second question Is correspondingly answered In the negative.

Asto your first Inquiry, you reverse the above and ask whether a child under sixteen years of age, whohas completed the ninth grade, etc., Is required to attend school under the compulsory school attendance law. Weare of the opinion that this question should be answered In the affirmative. Youare referred to the original caption of the compulsory school attendance act of 1915, Acts, 34th Leg., ch, 49, p. 93, which reads as follows:

“AnAct to compel attendance upon public schools of Texas b of 8and 14years. $:children between the ages
In Butler v. State, 194 S.W, 166, (Tex.Crlm. 1917), It washeld that a child whoattained the statutory age of fourteen before the beginning of the public free sc,hools In his Qistrlct wasnot,sub,ject to the provisions of that compulsory attendance law, This case was decided whenthe law which Is nowcodified as Article 2892, Vernon’s Civil Statutes, andArticle 297, Vernon’s Penal Code, provided that every child of not more than fo~vrteen years was subject to the cornulsory attendance law, In 19X5, the lawW.&U amended (Aots, 4 th Leg.,

E ch. 160, p, 409) to substitute “aeven years” for “eight years”, and “sixteen years” for “fourteen years”

.

Wepoint out the foregoing because webellave that it is the legislative intent , andthe construction of such by the courts, that the governing factor should be the age of the child at the beginning of the school termwhich confrolti, InHonorable Alton R. Griffin, Page 3 (~~-1216)

arriving at the legislative intent, it is of primary Importance to ascertain the purpose for which the statute was enacted. Harris County v. Tennessee ProductsPipe Line Co., 332S.W.2d ('('1 ICiv.App. 1960) Theapparent purpose of this statute is simply to compel thl attendance of children between the ages of seven and sixteen In the public schools of Texas.

Werecognize that there is an apparent inconsistency within the provisions of~the statute itself regarding the effect of the provision as to completing the ninth grade. However, in Woodv. State9 133Tex. 110, 126 S.W.2d 4 (1939), the Court used the following language:

"It is the settled law that statutes should be construed so as to carry out the legislative intent, andwhensuch Intent is once ascertained, it should be given effect, even though the literal meaniflg of the words used therein is not followed.

. . .Thus, weare of the opinion that a child under sixteen years of age whohas completed the ninth grade is subject to the compulsory school attendance law, anda child over sixteen years of age is not subject to such, regardless of whether or not he has completed the ninth grade.

SUMMARY (1) Achild under sixteen (16) years of age whohas completed the ninth (9th) grade is subject to the provisions of Article 2892, Vernon's Civil Statutes, andArticle 297, Vernon's Penal Code. (2) Achild over sixteen (16)years of age is not required to attend school under Article 2892, Vernon's Civil Statutes, andArticle 297, Vernon's Penal Code, regardless of whether he has completed the ninth (9th) grade or not. Very truly yours,

EBS:dhs WILLWILSON. ^

Honorable Alton R. Griffin, page 4 (~~-1216)
APPROVED: OPINIONCOMMITTEE W.V. Geppert, Chairman HenryBraswell Malcolm L. Quick Joe B. McMaster REVIEWED

FORTHEATTORNEY

GENERAL BY: Houghton Brownlee, Jr.