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. 5487 May 1, 1979 HANDICAPPERS CIVIL RIGHTS ACT: Admission of handicapper to a community college, a college or a university COLLEGES AND UNIVERSITIES: Application for admission by a handicapper An educational institution may inquire as to whether an applicant for admission has a physical or mental characteristic which would preclude the applicant from utilizing or benefiting from the educational opportunities provided by the institution. Mr. Frank A. Schmidt, Jr. Executive Secretary Michigan Veterans Trust Fund P. O. Box 30026 300 East Michigan Lansing, Michigan 48909 You have requested my opinion on a question which may be phrased as follows: Does a requirement by a community college, a college or a university, the an applicant for admission provide a medical statement as to the applicant's physical, mental or emotional capacity prior to admission to the school, violate the Michigan Handicappers' Civil Rights Act, 1976 PA 220, MCLA 37.1101 et seq; MSA 3.550(101) et seq? In 1976 PA 220, supra, Sec. 402(c), the Legislature has provided: 'An educational institution shall not: (c) Make or use a written or oral inquiry or form of application for admission that elicits or attempts to elicit information, or make or keep a record, concerning the handicap of an applicant for admission for reasons contrary to the provisions or purposes of this act.' (Emphasis supplied) Examining the provisions of 1976 PA 220, supra, it will be noted that the Legislature has provided, in Sec. 103(b)(iii), the following: 'As used in this act: (b) 'Handicap' means a determinable physical or mental characteristic of an individual or the history of the characteristic which may result from disease, injury, congenital condition of birth, or functional disorder which characteristic: (iii) for purposes of article 4, is unrelated to the individual's ability to utilize and benefit from educational opportunities, programs, and facilities at an educational institution.' (Emphasis supplied) Also, 1976 PA 220, supra, Sec. 402(b), states: 'An educational institution shall not: (b) Exclude, expel, limit, or otherwise discriminate against an individual seeking admission as a student or an individual enrolled as a student in the terms, conditions, and privileges of the institution, because of a handicap that is unrelated to the individual's ability to utilize and benefit from the institution, or because of the use by an individual of adaptive devices or aids.' (Emphasis supplied) Reading these sections of the statute together, it is clear that, consistent with 1976 PA 220, supra, Sec. 402(c), an educational institution may inquire as to whether an applicant for admission has a physical or mental characteristic that would preclude the applicant from utilizing or benefiting from the educational opportunities provided by the educational institution. Such an inquiry is permissible since it is related to the applicant's ability to utilize and benefit from the programs and facilities of the educational institution. However, an educational institution may not inquire concerning the handicap of an applicant for admission that is unrelated to the applicant's ability to utilize or benefit from the programs and facilities of the institution. It is, therefore, my opinion that a requirement by a community college, a college or a university, that an applicant for admission provide a medical statement as to the applicant's physical, mental or emotional capacity to utilize or benefit from the educational opportunities offered by the educational institution, does not violate 1976 PA 220, supra. Frank J. Kelley Attorney General