[ Previous Page] [ Home 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. 5642 February 4, 1980 SCHOOLS AND SCHOOL DISTRICTS: Nonresident pupil tuition APPROPRIATIONS: State school aid Unless the school district of attendance of nonresident pupils comes under 1979 PA 94, Secs. 111(1)(a) or (b), the board of education of a K-12 school district need not charge tuition in the amount of full per capita operating cost for nonresident pupils. Honorable Phil Arthurhultz State Senator State Capitol Lansing, MI Honorable Donald Van Singel State Representative State Capitol Lansing, MI You have requested my opinion on a question which may be phrased as follows: Where the tuition for a nonresident high school pupil is paid by the K-8 school district in which the pupil resides, must the board of education of the K-12 school district in which the pupil attends charge tuition in the amount of the full per capita operating cost? The School Code of 1976, 1976 PA 451, MCLA 380.1 et seq; MSA 15.4001 et seq, Sec. 1401, provides: '(1) The board of a school district may admit nonresident pupils to the schools of the district. The board shall determine the rate of tuition of the nonresident pupils and shall collect the tuition. '(2) Tuition for grades K-6 shall not exceed 25% more than the operation cost per capita for the number of pupils in membership in grades K-12. '(3) Tuition for grades 7-12 shall not exceed 12 1/2% more than 115% of the operation cost per capita for the number of pupils in membership in grades K-12. '(4) In a school district not maintaining grades above the eighth grade, the tuition shall not exceed 25% more than the operation cost per capita for the number of pupils in membership in grades K-8. '(5) The operation costs and membership figures of the preceding fiscal year shall be used. The per capita cost used shall not include moneys expended for school sites, school building construction, equipment, payment of bonds, or other purposes not properly included in operation costs as determined by the state board.' (emphasis added) Pursuant to the above quoted statutory provision, boards of education have discretionary authority as to whether they will admit nonresident pupils in their respective school districts. However, boards of education that take nonresident pupils must charge tuition for such pupils. Jones v Grand Ledge Public Schools, 349 Mich 1; 84 NW2d 327 (1957). OAG, 1975-1976, No 5112, p 740 (December 23, 1976). In 1976 PA 451, supra, Sec. 1406(1), it is provided: 'The board of a school district which does not maintain grades above the eighth grade shall pay the tuition of a pupil resident of the district who has completed the eighth grade to a school district maintaining a high school which is approved for the collection of high school tuition by the state board. . . .' In the State School Aid Act of 1979, 1979 PA 94, MCLA 388.1601 et seq; MSA 15.1919(901) et seq, Sec. 111, it is provided, in pertinent part, as follows: '(1) Except as provided in section 113, a district having tuition pupils enrolled on the pupil membership count day of each year shall charge the district in which the pupils reside tuition computed under section 1401 of the school code of 1976, except tuition shall not be charged for adult part-time pupils. The resulting tuition rate shall be reduced by the gross per pupil membership guarantee provided under section 21(1) except that the following districts shall charge the full per capita operating cost determined under section 1401 of the school code of 1976 for tuition pupils other than special education pupils: '(a) A district not receiving a membership allowance under section 21(1). '(b) A district enrolling pupils who reside in a district which is legally liable for the payment of tuition, does not receive a net allocation under section 21(1), and levies a lower operating millage than the district enrolling the pupils.' (emphasis added) 1976 PA 451, Sec. 1401(3), supra, and 1979 PA 94, Sec. 111, supra, are in pari materia and must be read as a single law. Wayne County v State Department of Social Welfare, 343 Mich 475; 72 NW2d 200 (1955). Thus, the maximum tuition rate for grades 7-12 would be 12 1/2 percent more than 115 percent of the per capita operating cost for pupils in grades K-12 minus the gross per pupil membership guarantee under 1979 PA 94, supra, Sec. 21(1), for the district of attendance. The tuition rates established in 1976 PA 451, supra, Sec. 1401 are maximum rates. Although boards of education accepting nonresident students must charge tuition, they are not requires to charge the maximum rates contained in the statute. Rather, boards of education may establish and charge lower rates of tuition. OAG, No 5112, supra. However, 1979 PA 94, Sec. 111(1), supra, requires that school districts coming under Sec. 111(1)(a) or (b) thereof must charge at least the full per capita operating cost determined under 1976 PA 451, supra, Sec. 1401. It is my opinion, therefore, that where the tuition for a nonresident high school pupil is paid by the K-8 school district in which the pupil resides, the board of education of the K-12 school district in which the pupil attends need not charge tuition in the amount of the full per capita operating cost unless the district of attendance comes under 1979 PA 94, Sec. 111(1)(a) or (b), supra. Frank J. Kelley Attorney General
[ Previous Page] [ Home Page ]