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. 5542

August 14, 1979

SCHOOLS AND SCHOOL DISTRICTS:

State school aid

WORDS AND PHRASES:

'Day of student instruction'

A day may be counted as a day of student instruction for state school aid purposes when school is held but a severe storm or storms cause less than 70% student attendance.

Honorable Bela E. Kennedy

State Representative

The Capitol

Lansing, Michigan 48909

You have asked a question which may be phrased as follows:

In computing state aid to school districts, may a day be counted as a day of student instruction when school is held, but severe storms have caused less than 70% student attendance?

The School Code of 1976, 1976 PA 451, Sec. 1284, MCLA 380.1284; MSA 15.41284, provides:

'(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. Not later than August 1, the board of each district shall certify to the state board the number of days of student instruction in the previous school year. If the district did not hold at least 180 days of student instruction, the deduction of state school aid shall be made in the following fiscal year from the first payment of state school aid. Days lost because of strikes or teachers' conferences shall not be counted as days of student instruction.

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

The State School Aid Act of 1977, 1977 PA 90, MCLA 388.1401 et seq; MSA 15.1919(701) et seq, provides for the distribution of state school aid to school districts. 1977 PA 90, supra, Sec. 101(2) provides:

'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. A district failing to comply with rules promulgated by the state board which establish the minimum time student instruction is to be provided to pupils for the regular school year shall forfeit from its total state aid appropriation an amount determined by applying a ratio of the time duration the district was in noncompliance in relation to the minimum time student instruction is required. A district failing to meet both the minimum 180 days of student instruction requirement and the prescribed time of student instruction requirement shall be penalized only the higher of the 2 amounts calculated under the forfeiture provisions of this subsection. Not later than August 1, the board of each district shall certify to the department the number of days of student instruction in the previous school year. If the district did not hold at least 180 days of student instruction, the deduction of state aid shall be made in the following fiscal year from the first payment of state school aid. Days lost because of strikes or teachers' conferences shall not be counted as days of student instruction. A district not having 70% of the district's membership in attendance on any day shall receive state aid in that proportion of 1/180 that the actual percent of attendance bears to 70%. The state board shall promulgate rules for the implementation of this subsection.' [Emphasis added]

The Department of Education has promulgated rules thereunder and under predecessor acts. The Administrative Code, 1977 AACS, R 340.10(3), p 199, provides:

'A day of student instruction is a day when pupils and certificated teachers are present and instruction is scheduled and provided for the entire pupil membership of a school district with at least 70% of the total pupil membership, as of the appropriate fourth Friday count, in attendance. . . .'

The Administrative Code, 1973 AACS, R 340.11, p 6714, states:

'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.'

R 340.11 supra, authorizes days of severe storms to be counted as days of student instruction. The fact that some students were able to attend school despite such storm or storms does not prevent such days from being counted as days of student instruction.

The Department of Education has consistently interpreted R 340.11, supra, as permitting a school district to count a day as a day of student instruction when school is held but a severe storm or storms cause less than 70% student attendance. This interpretation encourages school districts to open their doors and provide instruction to those students who are able to attend school on the days in question. This interpretation is sound and in accord with the statute.

Therefore, it is my opinion that a day may be counted as a day of student instruction when school is held, but a severe storm or storms cause less than 70% student attendance.

Frank J. Kelley

Attorney General