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. 5374

October 4, 1978

SCHOOLS AND SCHOOL DISTRICTS:

Minimum number of days of student instruction

TEACHERS:

Collective bargaining agreement requiring make-up of days lost

STATE BOARD OF EDUCATION:

Rule defining days of student instruction

The pertinent statutes and administrative rules merely establish a minimum number of days of student instruction and in no way limit the authority of a board of education to provide for a greater number of days of student instruction.

A collective bargaining agreement between a board of education and its teachers may require that the teachers work on days that are rescheduled to make up for days lost because of a severe snow storm.

Honorable Mark Clodfelter

State Representative

The Capitol

Lansing, Michigan

You have requested my opinion as to whether a collective bargaining agreement between a board of education and its teachers may require that the teachers work on days rescheduled to make up for days lost because of snow.

Subsection 101(2) of the State School Aid Act of 1977, 1977 PA 90, MCLA 388.1501(2); MSA 15.1919(801)(2), provides in part:

'Each district shall provide a minimum of 180 days of student instruction. A district failing to hold 180 days of student instruction shall forfeit 1/180 of its total state aid appropriation for each day of failure. . . . The state board shall promulgate rules for the implementation of this subsection.'

Section 1284 of the School Code of 1976, 1976 PA 451, MCLA 380.1284; MSA 15.41284, provides in part:

'(1) The board of a school district shall determine the length of the school term. The minimum number of days of student instruction shall be 180. A district failing to hold 180 days of student instruction shall forfeit 1/180 of its total state school aid for each day of failure. . . .

'(2) The state board shall promulgate rules for the implementation of this section.'

(emphasis supplied)

The State Board of Education has provided, in 1973 AACS, R 340.11 at p 6714, that:

'Days not in session because of conditions not within the control of school authorities, such as severe storms, fires, epidemics or health conditions as defined by the city, county or state health authorities, may be counted as days of student instruction.'

Days lost because of a severe snow storm clearly fall within this administrative rule.

In your letter of request, you note that the collective bargaining agreement in a particular school district states that snow days in excess of ten may be made up and that the maximum number of make-up days shall not exceed five days. Clearly, such a contractual provision is not inconsistent with state law. Neither 1977 PA 90, supra, Sec. 101(2), nor 1976 PA 451, supra, Sec. 1284 nor the above quoted administrative rule prohibit school districts from making up days lost because of snow. The pertinent statutes and administrative rules merely establish a minimum number of days of student instruction and in no way limit the authority of a board of education to provide for a greater number of days of student instruction.

Therefore, it is my opinion that a collective bargaining agreement between a board of education and its teachers may require that the teachers work on days that are rescheduled to make up for days lost because of a severe snow storm.

Frank J. Kelley

Attorney General