Hon. J. W. Edgar Opinion No. R-M-977
Commissioner of Education
Texas Education Agency Re: Construction of
201 East Eleventh Street Subsection (a)(7)
Austin, Texas 78701 and (a)(2) of Sec-
tion 32.39, Texas
Dear Dr. Edgar: Education Code.
In your request for an opinion you state the follow-
ing:
*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 term-
ination 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 attend-
ance, 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 implementa-
tion 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 (M-977)
SAM McDmIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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