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. 5296

April 25, 1978

STATE BOARD OF EDUCATION:

Authorization to private school to grant an associate of technical studies degree

Licensing and regulation of schools licensed by other agencies, boards and commissions.

SCHOOLS & SCHOOL DISTRICTS:

Authorization by State Board of Education to grant an associate of technical studies degree

The State Board of Education may not authorize a private school licensed under 1943 PA 148, MCLA 395.101 et seq; MSA 15.627 et seq, to grant an associate of technical studies degree. However, private trade schools may issue certificates of completion to persons who successfully complete the prescribed programs of such schools.

The State Board of Education is without authority to license or regulate schools which are licensed by other agencies, boards or commissions.

Dr. John W. Porter

Superintendent of Public Instruction

Department of Education

Michigan National Tower

Lansing, Michigan 48909

You have requested my opinion on the following three questions:

1. May the State Board of Education authorize a private school licensed under 1943 PA 148 to grant an Associate of Technical Studies Degree?

2. May the State Board of Education authorize a degree privilege for schools licensed by other state boards or agencies, when such schools do not have existing statutory authority to issue degrees?

3. What effect would the authorization of the granting of an Associate of Technical Studies Degree have on the eligibility of private occupational schools for state financial assistance programs?

Const 1963, art 8, Sec. 3 confers upon the State Board of Education leadership and general supervision over all public education in the state, except institutions of higher education granting baccalaureate degrees. However, this constitutional provision does not provide the State Board of Education with any supervisory authority over private educational institutions; thus, its authority over private educational institutions is derived solely from statutes.

1943 PA 148; MCLA 395.101 et seq; MSA 15.627 et seq, provides the statutory framework which authorizes the licensure by the State Board of Education of private trade schools, business schools and institutes.

1943 PA 148, supra, Sec. 1, provides in pertinent part:

'All private trade schools, business schools and institutes operated by any person or persons, firm, corporation or any other private organization for the purpose of teaching any trade, occupation, or vocation, shall secure from the state board of education a license issued in such form as said board may direct and in accordance with the provisions of this act. The license may be revoked at any time if, in the judgment of the board, the person or persons, firm, corporation or organization to whom the license has been issued is not complying with provisions of the law or the rulings of the board. A 'private trade school, business school or institute' as contemplated by this act shall be any plan or method used by the person or persons, firm, corporation or organization for giving instruction in any form or manner in any trade, occupation or vocation for a consideration, reward or promise of whatever nature, except (a) schools and colleges possessing the authority to grant degrees. . . .' [emphasis added]

Thus, it is clear from this language that schools licensed under 1943 PA 148, supra, may not grant degrees.

Therefore, in answer to your first question, it is my opinion that the State Board of Education may not authorize a private school licensed under 1943 PA 148, supra, to grant an Associate of Technical Studies Degree. (a1) However, private trade schools may issue certificates of completion to persons who successfully complete the prescribed programs of such schools.

In response to your second question, reference must against be made to 1943 PA 148, supra, Sec. 1, which, while authorizing the State Board of Education to regulate and license private trade schools, business schools and institutes, excludes from the Board's authority 'schools licensed by law through other state boards.'

In addition, 1964 PA 142; MCLA 390.771 et seq; MSA 15.1110 et seq, provides the State Department of Education with the statutory authority to establish minimum requirements for educational programs of nonincorporated privately operated institutions, which purport to lead to diplomas, certificates or degrees, based on education beyond high school or education for transfer to institutions of higher learning.

Section 1 of 1964 PA 142, supra, exempts from the provisions of such statute:

'. . . Schools licensed by other agencies, boards or commissions, which review the curriculum prior to the issuance or renewal of a license. . . .'

Consideration must also be given to 2 OAG, 1958, No 3263, p 117 (April 14, 1958), where the Attorney General ruled that corporations organized for the purpose of operating schools of cosmetology under the provisions of the cosmetology act would not be educational corporations within the meaning of the general corporation act requiring them to obtain the approval of the State Board of Education before filing their articles of incorporation.

Thus, under 2 OAG, No 3263, supra, it must be concluded that, where the legislature has reposed the authority to license and otherwise regulate certain categories of schools in other state agencies, the State Board of Education is without authority to license or otherwise regulate such schools.

It is, therefore, my opinion that the State Board of Education does not have the authority to authorize a degree privilege for schools licensed by other state boards or agencies. Furthermore, it is clear that schools licensed by other state boards or agencies may not grant degrees where there is no statutory language authorizing them to do so.

In view of my response to the first two questions, no answer to the third question is necessary.

Frank J. Kelley

Attorney General

(a1) This opinion does not address the State Board of Education's authority to authorize the granting of degrees by educational corporations approved under MCLA 450.170-450.177; MSA 21.171-21.178.