Untitled Texas Attorney General Opinion ( 1983 )


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  • The Attorney General of Texas December 19, 1983 JIM MATTOX Attorney General Supreme Court Building Mr. Marlin W. Johnston Opinion No. JM-98 P. 0. 00x 12548 COUIOLiSSiOllSr Austin, TX. 78711. 2540 Texas Department of Human Resources Scope of the exemption 5121475.2501 P. 0. Box 2960 $vided by section 42.041(b) Telex 9101874-1367 Telecopier 512i475.0286 Austin, Texas 78769 (71, Human Resources Code Dear Mr. Johnston: 714 Jackson, Suite 700 Dallas, TX. 75202-4508 2141742.8944 You have asked whether public schools which provide essentially custodial day care after regular school hours, are exempt from the licensure requirements of the Human Resources Code. Section 42.041 4024 Alberta Ave., Suite 160 thereof prohibits operation of a child-care facility without a El Paso, TX. 79305-2793 license, subject to certain exceptions. Section 42.041(b)(7) states 9151533.3484 that the section pOO1 Texas, Suite 700 does not apply to . . . an educational facility Houston, TX. 77002~3111 accredited by the Central Education Agency . . . 7 13/223-588% that operates Primarily for educational purposes in grades kindergarten and above. (Emphasis added). 806 Broadway, Suite 312 Lubbock, TX. 794013479 8061747-5238 The plain language of this exception requires an affirmative answer to your question, because the exemption is directed explicitly at the educational facility and is not limited to particular activities 4309 N. Tenth, Suite B McAllen, TX. 78501-1685 conducted by that facility. -See V.T.C.S. art. 5429b-2, 52.01. 5121682.4547 However, even were the clause “that operates primarily for educational purposes . . .” not merely descriptive, but rather 200 Main Plaza, Suite 400 necessary to determine the scope of the exception in subdivision (7), San Antonio, TX. 78205.2797 512/225-4191 it is clear that public schools which offer after school custodial care are exempted from the licensing requirement of section 42.041(a). There can really be no doubt that the primary purpose for which public An Equal Opportunity/ schools are operated is the education of the children attending them. Affirmative Action Employer The time, resources, and personnel devoted to strictly educational activities constitute the overwhelming proportion of those expended by public schools. The after school custodial care is an accommodation provided by a few schools for some parents and unquestionably consumes only a small fraction of the time, resources, and personnel of the public schools. Moreover, the restrictions in subsection 8, 9 and 11 on the hours of “custodial care” that an r educational facility can provide and still maf~ntain the exemption p. 416 Mr. Marlin W. Johnston - Page 2 (JM-98) indicate that such a restriction was not intended for educational facilities covered by subsection 7. Accordingly, public schools which provide custodial day care after school hours are exempt from licensing by the Department of Human Resources. They are of course subject to regulation by the Texas Education Agency. SUMMARY Section 42.041(b)(7) exempts public schools which operate part-day child care prograns after the close of the customary school day from licensure required by section 42.041(a). Jz& JIM MATTOX Attorney General of Texas TOM GREEN First Assistant Attorney General DAVID R. RICHARDS Executive Assistant Attorney General Prepared by Colin Carl Assistant Attorney General APPROVED: OPINION COMMITTEE Rick Gilpin, Chairman Jon Bible Co1111 Carl Susan Garrison Fernando Gomez Jim Moellinger Nancy Sutton Bruce Youngblood p. 417

Document Info

Docket Number: JM-98

Judges: Jim Mattox

Filed Date: 7/2/1983

Precedential Status: Precedential

Modified Date: 2/18/2017