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. 5507 June 29, 1979 SCHOOLS AND SCHOOL DISTRICTS: Construction of addition to school buildings by vocational education students LABOR: Construction of addition to school buildings by vocational education students PUBLIC CONTRACTS: Construction of addition to school buildings by vocational education students A board of education of a school district, other than a first and second class district, must obtain competitive bids on all material and labor required for the addition to an existing school building and, therefore, such a school district may not use vocational education students to build an addition to a school building. Honorable Mary Brown State Representative The Capitol Lansing, Michigan 48909 Mr. Stan Arnold Construction Safety Commission 7150 Harris Drive Lansing, Michigan 48926 You have requested my opinion on a question which may be stated as follows: Is the Bedford Board of Education required to pay the prevailing wage to its vocational education students who are building an 8,000 square feet addition to the senior high school? The Superintendent of the Bedford School District has provided our office with the following background information: '1. The building project is financed from General Fund revenues. It is a State Department of Education approved Vocational Building Trades as such. A portion of the instructional costs are reimbursed under the socalled Added Cost formula. We have several other State Department of Education approved vocational programs subject to the same type of financial arrangement. '2. They are building a small addition of 8,000 square feet to our Senior High School. The addition will house areas for Distributive Education and first-year Vocational Building Trades. '3. Thirty students are working on the project. '4. Three class credits are awarded for successful completion of the subject. '5. Only students electing the subject take it. '6. As stated in the previous answer, it is an elective course. Further, as another part of our Vocational Building Trades subject offering, we have and are now building at least one residence. Students may be involved in this project rather than the addition to the high school. . . . No monetary remuneration is awarded and no student is required to take the course in order to graduate from our high school.' The law is settled that boards of education have only such powers as are conferred upon them either expressly or by reasonably necessary implication by the Legislature. Senghas v L'Anse Creuse Public Schools, 368 Mich 557; 118 NW2d 975 (1963). In section 1287(1) of the School Code of 1976, 1976 PA 451, MCLA 380.1287(1); MSA 15.41287(1), the Legislature has provided that boards of education 'may establish, equip, and maintain vocational education programs and facilities.' In responding to your inquiry, however, it is also necessary to examine the School Code of 1976, 1976 PA 451, Sec. 1267, MCLA 380.1267; MSA 15.41267. This provision, in pertinent part, states: '(1) The board of a school district other than a first or second class school district, prior to commencing construction of a new school building or addition to an existing school building, shall obtain competitive bids on all the material and labor required for the complete construction of a proposed new building or addition to an existing school building. '(2) The board shall advertise for the bids once each week for 2 successive weeks in a newspaper of general circulation in the area where the building or addition is to be constructed. '(5) This section does not apply to buildings and repairs costing less than $2,000.00.' In OAG, 1961-1962, No 3440, p 55 (February 23, 1961), the Attorney General held that boards of education of school districts other than first and second class districts must take competitive bids for all alteration and repair contracts exceeding the sum of $2,000.00. That conclusion was based upon an analysis of the School Code of 1955, 1955 PA 269, and in particular, sections 370 and 371 thereof, which stated: 'Sec. 370. The board of any school district, except a school district of the first or second class, which desires to commence the construction of any new school building or addition to any existing school building, shall obtain competitive bids before such construction be commenced on all the material and labor required for the complete construction of the proposed new building or addition to any existing school building. 'Sec. 371. Such board shall advertise for the bids required in section 370 hereof once each week for 2 successive weeks in a newspaper of general circulation in the county where the building is to be constructed or the addition is to be made, and, if no newspaper is published in such county, then such advertisement shall be printed in a newspaper of general circulation published in an adjacent county: Provided, however, That the provisions of this section and of section 370 of this act shall not apply to buildings and repairs of less than $2,000.00.' Sections 370 and 371 of the School Code of 1955 have been superseded by section 1267 of the School Code of 1976, supra. This new provision does not differ substantially from the prior sections 370 and 371, supra. Consequently, the School Code of 1976, Sec. 1267, supra, continues the rule that a board of education of a school district other than first and second class districts, prior to commencing construction on an addition to an existing school building, must obtain competitive bids on all the material and labor required for the addition to the existing school building. Our office has been informed by the Superintendent of the Bedford School District that competitive bids, to date, have not been obtained on all the material and labor required for the addition to the senior high school. Therefore, the Board of Education of the Bedford School District must obtain competitive bids on the material and labor required for said addition pursuant to the terms of the School Code of 1976, Sec. 1267, supra. This statutory requirement for obtaining competitive bids precludes the construction of an addition to a school building by vocational education students since the competitive bidding requirement clearly contemplates the use of private contractors and their paid employees to build such projects. Accordingly, the foregoing discussion obviates the need to address the prevailing wage question. Frank J. Kelley Attorney General