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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. 5656

February 19, 1980

SCHOOLS AND SCHOOL DISTRICTS:

Summer school

Adults attending high school

School districts may impose a charge for persons voluntarily attending summer school.

Adults may attend classes taken for credit toward a high school diploma with high school students during the regular school day.

The Honorable Virgil C. Smith, Jr.

State Representative

10th District

State Capitol

Lansing, MI 48909

Dear Representative Smith:

You have requested my opinion on two questions which may be phrased as follows:

1. May school districts impose a charge for attending summer school?

2. Is there any state statute that precludes adults from attending classes taken for credit toward a high school diploma with high school students during the regular school day?

Const 1963, art 8, Sec. 2 provides, in pertinent part, as follows:

'The legislature shall maintain and support a system of free public elementary and secondary schools as defined by law. . . .'

In Granger v Cascade County School District No. 1, 159 Mont 516, 528; 499 P2d 780, 786 (1972) and Crim v McWhorter, 242 GA 863; 252 SE2d 421 (1979) the Supreme Courts of Montana and Georgia have held, under their respective state constitutions requiring free public education, that school districts may impose charges for attending summer school. Both courts concluded that summer school sessions were neither historically nor logically within the ambit of the free public school systems mandated by their state constitutions. The Georgia court noted that the summer school session was in addition to the 180 days of public school instruction required by state statute.

In March, 1972, the State Board of Education adopted a position statement entitled Free Textbooks, Materials and the Charging of Fees. In that document, at p. 8, it is provided:

'A. School districts may charge for summer school except where such activities are a part of a regularly scheduled year-around program. Charging of fees for summer school is permissible provided that the school district offers at least 180 days of school to its students exclusive of the summer school program and the district offers during the regular school year the required 900 or 990 clock hours of student instruction, or less if approved by the State Board of Education. A school board may charge tuition for summer school as long as attendance is on a voluntary basis regardless of the fact that a grade or credit is given toward grade advancement or towards graduation.

'B. School districts may charge for summer school, if the school district is not in regular session. In other words, school is 'out' about June 1 and is closed until after Labor Day. Summer school is then defined as a special session for remedial or additional work taken on a voluntary basis during the summer when the schools of the district are normally closed.

'C. No charge can be made for summer classes if the school district is operating a year-around school program that includes the summer months.

'D. If the school district requires the attendance of a student during the summer session in order for that student to obtain a diploma or grade advancement, no fee can be charged.'

Therefore, in answer to your first question, it is my opinion that school districts may impose a charge for persons voluntarily attending summer school.

Turning to your second question, the legislature has expressly authorized boards of education, other than boards of education of primary school districts, to provide instruction to adults in 1976 PA 451, Sec. 1293, MCLA 380.1293; MSA 15.41293, as follows:

'The board of a school district other than a primary district may provide instruction for adults and may employ qualified teachers and provide the necessary equipment for adult education courses.'

Further, in 1979 PA 94, Sec. 108, MCLA 388.1708; MSA 15.1919 (1008), the legislature has prescribed certain requirements for school districts offering adult high school completion courses.

There is no state statute that precludes adults from attending classes taken for credit toward a high school diploma with high school students during the regular school day. The scheduling of adults into courses taken by them for credit toward a high school diploma is a matter within the sound discretion of local boards of education.

Frank J. Kelley

Attorney General


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