STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5879

April 17, 1981

SCHOOLS AND SCHOOL DISTRICTS:

Supervision by superintendent of schools and board of education of grading of pupils by teacher

The grading of pupils by a public school teacher is subject to supervision and direction of the superintendent of schools and the board of education of a fourth class school district, including the changing of a grade when appropriate.

The Honorable Richard A. Young

State Representative

State Capitol

Lansing, Michigan

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

The School Code of 1976, 1976 PA 451; MCLA 380.1 et seq; MSA 15.4001 et seq, in Sec. 1282 authorizes a local board of education to:

In the School Code of 1976, supra, Sec. 1231, the Legislature has authorized boards of education to fulfill their educational mission by employing certificated persons to teach in their public schools. Moreover, the Legislature has granted boards of education the authority to adopt suitable regulations for the management of the schools under their control. The School Code of 1976, supra, Sec. 1261 and Davis v Ann Arbor Public Schools, 313 F Supp 1217, 1226 (ED Mich, 1970).

In addition, the Legislature has empowered a superintendent of schools in a fourth class school district to supervise and direct the work of the teachers of the district and control the promotion of pupils subject to the educational policies of the local board of education. School Code of 1976, supra, Sec. 132(4)(c)(d) and (h).

In OAG, 1977-1978, No 5414, p 738 (December 20, 1978), it was concluded that a school district could, through its agents and employees, consider attendance and excused or unexcused absences in determining a student's grade in a course. Clearly, it is the responsibility of the teacher to set the grading criteria for the students in his or her classroom. (In Board of Curators, University of Missouri v Horowitz, 435 US 78, 90; 55 L Ed 2d 124, 135; 98 S Ct 948, 955 (1978), the Supreme Court contemplated that the individual professor would determine the grades for the students in the professor's courses.) It is equally clear that, in establishing the criteria for arriving at student grades, the teacher must perform this task under the supervision and direction of the superintendent of schools and the board of education.

Therefore, in answer to your first question, it is my opinion that it is the responsibility of the classroom teacher to set the criteria for arriving at his or her students' grades, subject to the supervision and direction of the superintendent of schools and, ultimately, the board of education of a fourth class school district.

Turning to your second question, the superintendent of schools and, ultimately, the board of education of a fourth class school district have the authority to supervise and direct the work of a teacher in grading pupils. School Code of 1976, supra, Secs. 132(4)(c)(d) and (h), 1261, 1282 and Barnard v Inhabitants of Shelburne, 216 Mass 19, 21; 102 NE 1095, 1096 (1913). This supervisory authority includes the power, when appropriate, to change a student's grade without the teacher's consent.

Thus, it is my opinion that either a superintendent of schools or a board of education of a fourth class school district, under their supervisory authority, may, when appropriate, change a student's grade without the teacher's consent.

Frank J. Kelley