which requiredthat everyprogramset up pursuantto the statutecovera 3-month periodwould defeatthe purposeof the statutewhen it Is possl- ble to accomplishthe purpose In a lesserperiodof time and when It Is not practicalto set up the programoiia 3-month basis,sincethis might keep some eligibleschooldistricts from participating.It shouldbe assumed,of course,that it was intendedthat a programcould be approvedunder which the purposeof the statutecould be accomplished. The CentralEducationAgency Is given the retiponslbll- ity of developingthe program. It 1s presumedthat the Legls- latureIntendedto confer such Incidentalpowersas are necessar to rendereffedtlvethe Dower ,granted.Faiknerv. Memorial GardensAssociation, 298-S.W.26934 (TexTi- 1. Therefore. .~~__.,. X.V.ADD. the agencyha the power to determinewhethera programcov&& a 3 months can substantially accomplisht&e statutorypurpose. It Is thereforeour opinionthat Section2 of H.B. 51 is directory. If, In the opinionof the CentralEducation Agency,it Is possibleto accomplishthe purposeof the statute In less than 3 months and It Is not practicalto conducta 3- month program,then a programof less than 3 monthsmay be ?p- proved.
SUMMARY The CentralEducationAgencymay approve a programfor non-Rngllshspeakin children pursuantto House Bill 51, Acts 52th Legis- lature,Re ular Session,1959, page 1052 (Article2f5&-lLb,Vermon'sCivil Statutes), which coversa period of less than three (3) months providedthe agency finds that the ~purposeof the progz?am, 'asexpressedIn 1 of the Aot, can'beaccomplished Se'ctlon by a shorterperiod of Instruction.
Yours very truly, WILL WILSON AttorneyGeneralOS Texas
BY
APPROVED: OPINIONCOMMITTEE W, V. *ppert, Chairman Ray Loftln c. PC.Richards Riley Fletcher L. P. Lollar RF(TIEWEDFORTREATTORNWQENERAL BY LeonardPassmore