STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5727

June 23, 1980

COLLEGES AND UNIVERSITIES:

Community colleges

Public

Private

CONSTITUTIONAL LAW:

Const 1963, art 8, Secs. 5 and 6

Community college districts are not bound by the statutory requirement that a course in civics must be successfully completed by a student before such student may be granted a baccalaureate degree.

1931 PA 205, Sec. 2, which prohibits a normal school or college from granting a baccalaureate degree or diploma to any student unless such student shall have successfully completed a civics course is unconstitutional.

Dr. Phillip E. Runkel

Superintendent of Public Instruction

Michigan National Tower

Lansing, MI 48933

Your predecessor requested my opinion on the following questions:

In 1931 PA 205, Sec. 2; MCLA 388.372; MSA 15.1952, the legislature has provided:

In 1966 PA 331, Sec. 105(1); MCLA 389.105; MSA 15.615(1105), the legislature has clearly stated:

1931 PA 205, Sec. 2, supra, only applies to normal schools and colleges that grant baccalaureate degrees. Community colleges may not award baccalaureate degrees to their students under 1966 PA 331, Sec. 105(1), supra. Gravlin v Department of State Police, 87 Mich App 217, 224; 274 NW2d 21, 25 (1978), lv app den, 406 Mich 985 (1979).

It is, therefore, my opinion that the course and degree requirements of 1931 PA 205, Sec. 2, supra, do not apply to public community colleges.

Turning to your second question, the public institutions of higher education having the authority to grant baccalaureate degrees are provided for in Const 1963, art 8, Secs. 5 and 6. Those institutions are governed by boards of control having general supervision over their respective institutions. Board of Control of Eastern Michigan University v Labor Mediation Board, 384 Mich 561; 184 NW2d 921 (1971); Regents of the University of Michigan v Employment Relations Commission, 389 Mich 96; 204 NW2d 218 (1973).

The law is settled that the legislature may not interfere with the general supervision over the educational sphere of public institutions of higher education by their respective boards of control. Regents of the University of Michigan v Employment Relations Commission, supra, 389 Mich, at 109-110; 204 NW2d, at 224; Central Michigan University Faculty Association v Central Michigan University, 404 Mich 268, 282; 273 NW2d 21, 27 (1978). No more direct intrusion into the educational sphere of institutions of higher education may be conceived than the course and degree requirements of 1931 PA 205, Sec. 2, supra.

It is, therefore, my opinion that the course and degree requirements of 1931 PA 205, Sec. 2, supra, are violative of Const 1963, art 8, Secs. 5 and 6.

The question remains whether 1931 PA 205, Sec. 2, supra, applies to nonpublic colleges granting baccalaureate degrees that receive public funds. Statutes are not severable where severability would be inconsistent with the manifest intent of the legislature. RS 1846, Ch 1, Sec. 5; MCLA 8.5; MSA 2.216; Mulhern v Kent Circuit Judge, 111 Mich 528; 70 NW 15 (1897); Chambe v Durfee, 100 Mich 112; 58 NW 661 (1894). It is clear that the legislative purpose in passing 1931 PA 205, Sec. 2, supra, was to apply the course and degree requirements contained therein to public institutions of higher education granting baccalaureate degrees rather than to nonpublic colleges granting such degrees that receive some public funds. OAG, 1955-1956, No 2816, p 715 (December 3, 1956).

It is, therefore, my opinion that the course and degree requirements of 1931 PA 205, Sec. 2, supra, do not apply to nonpublic colleges that receive public funds.

Frank J. Kelley