STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5659

February 28, 1980

SCHOOLS AND SCHOOL DISTRICTS:

Driver education courses

MOTOR VEHICLES:

Driver education courses

School districts operating a high school must offer driver education courses to eligible students without charge.

Mandamus may be brought to compel a board of education of a school district operating a high school to provide driver education courses to eligible students.

Honorable Gilbert J. DiNello

State Senator

The Capitol

Lansing, Michigan 48909

You have requested my opinion on the following questions:

OAG, 1977-1978, No 5291 (April 12, 1978) concluded that each public school district operating a high school must offer driver education courses to its eligible students. OAG, 1961-1962, No 3656, p 407 (May 25, 1962). In OAG, 1975-1976, No 5118, p 642 (October 7, 1976), it was stated that school districts must offer driver education courses without charge to the students enrolled in such courses.

These rulings are based upon 1949 PA 300, Sec. 811(f), MCLA 257.811; MSA 9.2511, which plainly requires public high school districts to offer driver education courses, and Const 1963, art 8, Sec. 2, which directs the legislature to maintain a system of free public elementary and secondary schools. Bond v Ann Arbor School District, 383 Mich 693; 178 NW2d 484 (1970). The legislature is, of course, free to amend 1949 PA 300, Sec. 811(f), supra, to delete the requirement that school districts must offer driver education courses to their students.

In answer to your second question, a writ of mandamus may be brought to compel a board of education operating a high school to perform its clear legal duty to provide driver education courses to eligible students as required by 1949 PA 300, Sec. 811(f), supra. See Welling v Livonia Board of Education, 382 Mich 620; 171 NW2d 545 (1969).

Frank J. Kelley