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. 5414

December 20, 1978

SCHOOLS AND SCHOOL DISTRICTS:

Consideration of pupil's attendance in determining his or her grade

School authorities may determine that attendance, class participation and similar factors are proper educational values bearing on a student's academic achievement; therefore, a school district may consider attendance in determining a student's grade in a class.

Honorable William Faust

State Senator

The Capitol

Lansing, MI

You have requested my opinion on a question which may be stated as follows:

May a school district, by its agents and employees, consider attendance and excused or unexcused absences in determining a student's grade in a course?

The School Code of 1976, 1976 PA 451, MCLA 380.1 et seq; MSA 15.4001 et seq, in Sec. 1282 authorizes a local board of education to:

'. . . establish and carry on the grades, schools, and departments it deems necessary or desirable for the maintenance and improvement of the schools, determine the courses of study to be pursued, and cause the pupils attending school in the district to be taught in the schools or departments the board deems expedient.'

Each school district is also required to assist in enforcement of the compulsory attendance law (1976 PA 451, supra, Sec. 1561), which provides, with certain exceptions not pertinent to this opinion, that every child between the ages of 6 and 16 shall attend a public or approved non-public school continuously and consecutively 'during the entire school year.' In Messmore v Kracht, 172 Mich 120, 125; 137 NW 549, 551 (1912), the Court noted:

'. . . To insure the education of all the children, the truant act, so called, was passed. These measures are justified upon the theory that in a republic all the citizens should be so educated as to be able, when attaining maturity, to intelligently act upon the questions awaiting solution by adult citizens. . . .'

The board of education has broad authority to manage and carry on the schools as it deems necessary or desirable, so long as its actions are not arbitrary and unreasonable.

'. . . [I]n reviewing actions of school boards, a court is guided by the principle that it will not attempt to substitute its judgment for that of the board, but will inquire as to whether such acts are arbitrary and unreasonable. The presumption is always in favor of reasonableness and propriety. Only when there is a clear showing of abuse will the courts interfere.' Hiers v Detroit Superintendent of Schools, 376 Mich 225, 234-235; 136 NW2d 10, 15 (1965)

See also Davis v Ann Arbor Public Schools, 313 F Supp 1217, 1226 (ED Mich, 1970), in which the Court held:

'. . . [The schools] must not only provide a suitable environment for study, and for relaxation, but must also uphold and protect the authority reposed in the teachers in the institution. Without these powers they have no power to guarantee the attainment of the education entrusted to them. Thus it is that the school authorities may and do formulate rules and regulations thought necessary or desirable for the maintenance of an orderly program of classroom learning and conduct. In so doing, they have a wide latitude of discretion, subject only to the restriction of reasonableness.'

The compulsory attendance law recognizes an educational value in regular attendance at school. Presence in a classroom aids in instilling concepts of self-discipline and exposes a student to group interactions with teachers and fellow students. Such presence also enables a student to hear and participate in class instruction, discussion and other related learning experiences. These and similar considerations are proper educational values which will not necessarily be fully reflected in test results.

School authorities may determine that attendance, class participation and similar factors are proper educational values bearing on a student's academic achievement. It is, therefore, my opinion that a school district, by its agents and employees, may consider attendance in determining a student's grade in a course.

Frank J. Kelley

Attorney General