No. 34-81
Opinion letter to The Honorable Estil Fretwell
Cite as Mo. Op. Att'y Gen. No. 34-81
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.JEFFERSON CITY
.JOHN ASHCROFT
(31• 1 751-3321
ATTO .. HC:Y OlHC:AAl.
65102
February 27 , 1981
OPINION LETTER NO. 34
(Answer by Letter-Schneider & Klaffenbach)
The Honorable Estil Fretwell
Representative , District No . 1
Route #2
Canton , Missouri
63435
Dear Mr . Fretwell:
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Fl LED
3l.f
This letter is in response to your question which asks:
Is the term 'classified' as used by the State
Department of Elementary and Secondary
Education in classifying schools synonymous
with the term •approved ' as used in Section
167 . 131, RSMo?
Paragraph 1 of § 167 .131 , RSMo 1978, s t ates as follows:
The board of education of each district
in this state that doe s not maintain an
approved high school offering work through
the twelfth grade shall pay the tuition of
each pupil resident therein who has completed
the work of the highest grade offered in the
schools of the district and who attends an
approved high school in another district of
the same or an adjoining county , or an
approved high school maintained in connection
with one of the state institutions of higher
learning , where work of one o r more higher
grades is offered .
The handbook for Classification and Accreditation of Public
School Districts in Missouri , 1980, promulgated by the Missouri
Department of Elementary and Secondary Education defines unclassi-
fied school district , p. 6 , as follows:
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The Honorable Estil Fretwell
A school district that does not meet the
minimum classification standards and is not
accredited by the State Department of Elemen-
tary and Secondary Education .
NOTE: High
school credit from an unclassified public
school district is not approved for unre-
stricted transfer to accredited public
school districts .
The primary rule of statutory construction requires us to
ascertain the intent of the legislature from the language used
and to consider words in their plain and ordinary meaning.
State v . Kraus, 530 S.W.2d 684 (Mo. bane 1975) , and State ex
rel . Dravo Corp. v. Spradling, 518 S.W.2d 512 (Mo. 1974) . ~he
word "approved " isordinarily understood to mean consented to,
sanctioned or confirmed .
Webster ' s New World Dictionary, 2nd
College Edition , 1976 .
It is apparent that the l egislature intended the word
"approved" to have significance otherwise, the term is not
necessary.
Significance and effect should be attributed to every
word in construing a statute .
State v . Atterbury, 270 S . W. 2d 399
(Mo. bane 19 54) •
Under the present statutory scheme , the State Board of
Education has the power and duty to classify the public schools
of the State of Missouri .
The commissioner of education is the
chief administrative officer of the State Board of Education .
Section 161.112.
Therefore, a school which is classified by the
State Board of Education is one that is approved within the
meaning of S 167.131.
Sincerely,
t
CROFT
Attorney General