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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6378 August 14, 1986 SCHOOLS AND SCHOOL DISTRICTS: Transfer of local school district to another intermediate school district during time transfer of territory from such local school district is pending Boards of education of contiguous intermediate school districts have jurisdiction to consider a request by a local school district to become constituent to and part of another intermediate school district while a property transfer request involving the same local school district is on appeal before the State Board of Education. Honorable Phil Arthurhultz State Senator The Capitol Lansing, Michigan You have requested my opinion whether, pursuant to MCL 380.605; MSA 15.4605, boards of education of intermediate school districts have jurisdiction to consider a request by a local school district to become constituent to and part of another intermediate school district while a property transfer request involving that same local school district is currently on appeal before the State Board of Education. MCL 380.605(2); MSA 15.4605(2), states: "A constituent district, by resolution of its board, may transfer and become constituent to another contiguous intermediate school district if approval is given by each intermediate school board affected. The intermediate school board shall take final action within 60 days after receiving a resolution. If an intermediate school district from which a constituent district wishes to transfer has fewer than 4,000 constituent district pupils and fails to take action or denies a transfer, the inaction or decision may be appealed to the state board using the procedures described in section 971 of this act. If the intermediate school district to which transfer is proposed has adopted by referendum a program for financing special education programs for handicapped persons, or has bonded indebtedness outstanding for special education building facilities, the registered school electors of the constituent district to be transferred shall vote on the acceptance of those sections and the assumption of the district's pro rata share of bonded indebtedness outstanding for special education facilities for handicapped persons." This office has been informed that some residents living in the school district in question have petitioned for a transfer of their property to a contiguous local school district pursuant to MCL 380.951; MSA 15.4951, which states, in part: "An intermediate school board may detach territory from 1 school district and attach the territory to another if requested to do so by resolution of the board of a school district whose boundaries would be changed by the action, or if petitioned by not less than 2/3 of the persons who own and reside on the land to be transferred...." That property transfer request was granted by the intermediate school board. However, the school district from which the property was to be transferred appealed the transfer to the State Board of Education pursuant to MCL 380.971; MSA 15.4971, which states: "(1) One or more resident owners of land considered for transfer from 1 school district to another, or the board of a school district whose territory is affected, may appeal the action of the intermediate school board or joint intermediate school boards in transferring the land, the failure to transfer the land, or action relative to the accounting determination to the state board within 10 days after the action or determination by the intermediate school board or the joint intermediate school boards. If the intermediate board or the joint intermediate school boards fail to take action within the time limit under section 951, the appeal may be made to the state board within 10 days following the termination of the period. The pendency of an appeal shall suspend the action or determination of the intermediate school board or joint intermediate school boards. "(2) The state board may confirm, modify, or set aside the order of the intermediate school board or the joint intermediate school boards. The action of the state board on the appeal shall be final." That property transfer request is now pending before the State Board of Education. The effect of the appeal is to suspend the action of the intermediate school board transferring the property. Subsequent to the property transfer appeal to the State Board of Education, the local school district from which the property was to be transferred sought, pursuant to MCL 380.605; MSA 15.4605, to become constituent to and part of another intermediate district. The transfer of property between local school districts and the transfer of local school districts between intermediate school districts are separate and distinct proceedings governed by different sections of the School Code of 1976. Since only contiguous territory of a local school district may be transferred to another local school district, in the event the transfer of the property in question is affirmed by the State Board of Education, the transferred property would be part of the local school district to which it has been transferred and part of the intermediate school district to which the receiving school district is constituent. A review of MCL 380.605; MSA 15.4605, and all of the property transfer provisions in the School Code of 1976, MCL 380.951 et seq; MSA 15.4951 et seq, does not reveal any language which would deprive the boards of education of the contiguous intermediate school districts of jurisdiction to act on a request filed pursuant to MCL 380.605; MSA 15.4605, in the factual situation set forth above. It is my opinion, therefore, that pursuant to MCL 380.605; MSA 15.4605, boards of education of contiguous intermediate school districts have jurisdiction to consider a request by a local school district to become constituent to and part of another intermediate school district while a property transfer request involving the same local school district is currently on appeal before the State Board of Education. Frank J. Kelley Attorney General
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