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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. 5925

June 23, 1981

SCHOOLS AND SCHOOL DISTRICTS:

Verification of residency of child seeking to attend school

The board of education of a school district may require reasonable verification that the child meets the requirements for being a resident of the school distrct for purposes of attendance therein without payment of tuition by parent or guardian.

Honorable Claude A. Trim

State Representative

The Capitol

Lansing, Michigan

You have requested my opinion on a question which may be phrased as follows:

Pursuant to 1976 PA 451, Sec. 1148, may a board of education require verification that a child meets the requirements for being a resident of the school district for purposes of attendance therein without the payment of tuition?

In the School Code of 1976, 1976 PA 451, Sec. 1148; MCLA 380.1148; MSA 15.41148, the Legislature has provided:

'Except as provided in section 1711, a child placed under the order or direction of a court or child placing agency in a licensed home, or a child whose parents or legal guardians are unable to provide a home for the child and who is placed in a licensed home or in a home of relatives in the school district for the purpose of securing a suitable home for the child and not for an educational purpose, shall be considered a resident for education purposes of the school district where the home in which the child is living is located. The child shall be admitted to the school in the district.'

A child is entitled to attend school in his or her school district of residence. A board of education has discretionary authority to admit a nonresident child to its schools. If a board of education admits a nonresident child, it must charge tuition for such child. 1976 PA 451, Sec. 1401; MCLA 380.1401; MSA 15.41401; Jones v Grand Ledge Public Schools, 349 Mich 1; 84 NW2d 327 (1957); OAG, 1975-1976, No 5112, p 740 (December 23, 1976).

The determination of residency for school attendance purposes is a question of fact. See School District No. 1, Franctional, of the Township of Mancelona v School District No. 1 of Township of Custer, 236 Mich 677; 211 NW 60 (1926). In the event a school board refuses to admit a child as a resident student, the appropriate remedy is a mandamus action to compel the board of education to admit the child as a resident student without the payment of tuition. Shapiro v Ann Arbor School District, 14 Mich App 738; 165 NW2d 919 (1968). In a mandamus action, the burden of proof is upon the plaintiff to demonstrate that the defendant has a clear legal duty to perform in the manner sought. Burger King Corp v Detroit, 33 Mich App 382; 189 NW2d 797 (1971).

It is, therefore, my opinion that pursuant to 1976 PA 451, Sec. 1148, supra, a aboard of education may require reasonable verification that a child meets the requirements for being a resident of the school district for purposes of attendance therein without the payment of tuition by parent or guardian.

Frank J. Kelley

Attorney General


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