[ Opinion Index ] [ Return ] To Previous Page 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. 5618 January 2, 1980 SCHOOLS AND SCHOOL DISTRICTS: Services to pre-elementary, handicapped children Boards of education are not authorized to provide any services to pre-elementary, handicapped children and their teachers in nonpublic, licensed pre-schools. Honorable David C. Hollister State Representative State Capitol Lansing, Michigan You have requested my opinion as to which services, if any, boards of education may provide to pre-elementary, handicapped children and their teachers in nonpublic, licensed pre-schools. Boards of education have only such powers as the legislature confers upon them either expressly or by reasonably necessary implication. Senghas v L'Anse Creuse Public Schools, 368 Mich 557; 118 NW2d 975 (1962); Jacox v Board of Education of Van Buren Consolidated School District, 293 Mich 126; 291 NW 241 (1940). Therefore, the power of a board of education to act in the manner in question must be found explicitly or by reasonably necessary implication in the statutes. Michigan school districts and intermediate school districts may provide their own programs for certain pre-elementary, handicapped children in response to Michigan and federal law. See Education of the Handicapped Act, 89 Stat 773; 20 USC 1412(2)(B) and the School Code of 1976, 1976 PA 451, Secs. 1711 and 1751; MCLA 380.1711 and 380.1751; MSA 15.41711 and 15.41751. However, your question relates to providing services to pre-elementary, handicapped children attending nonpublic, licensed pre-schools. In the School Code of 1976, 1976 PA 451, MCLA 380.1 et seq; MSA 15.4001 et seq, the legislature has commanded in Sec. 1296, supra, that boards of education providing auxiliary services to their resident pupils must also provide such services to students attending elementary and secondary nonpublic schools. This statutory provision states: 'The board of a school district that provides auxiliary services specified in this section to its resident pupils in the elementary and secondary grades shall provide the same auxiliary services on an equal basis to pupils in the elementary and secondary grades at nonpublic schools. The board may use state school aid to pay for the auxiliary services. The auxiliary services shall include health and nursing services and examinations; street crossing guards services; national defense education act testing services; teacher of speech and language services; school social work services; school psychological services; teacher consultant services for handicapped pupils and other ancillary services for the handicapped; remedial reading; and other services determined by the legislature. Auxiliary services shall be provided under rules promulgated by the state board.' (emphasis added) By its plain terms, the above quoted statute, although containing an express reference to services for handicapped pupils, limits such auxiliary services to pupils 'in the elementary and secondary grades.' If, as here, the language employed in a statute is plain, certain and unambiguous, then courts must give effect to the plain meaning of the statute. Dussia v Monroe County Employees' Retirement System, 386 Mich 244, 249; 191 NW2d 307, 310 (1971). Therefore, under the School Code of 1976, Sec. 1296, supra, boards of education are not authorized to provide any services to pre-elementary, handicapped children and their teachers in nonpublic, licensed pre-schools. Under the School Code of 1976, Sec. 1285, supra, intermediate school boards or school boards may establish their own child centers. This statutory section, in relevant part, states: '(1) An intermediate school board or the board of a local school district may establish a child care center. . . . The board may provide space, equipment, supplies, personnel, transportation, and services for the operation of a child care center.' Thus, Sec. 1285 of the School Code of 1976, supra, only grants school boards the authority to establish their own child care centers. This statute, however, does not grant boards of education the authority to provide services to pre-elementary, handicapped children and their teachers in nonpublic, licensed pre-schools. It is, therefore, my opinion that boards of education are not authorized to provide any services to pre-elementary, handicapped children and their teachers in nonpublic, licensed pre-schools. Frank J. Kelley Attorney General
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