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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. 5995

October 12, 1981

SCHOOLS AND SCHOOL DISTRICTS:

Admission of nonresident pupil to attend school

Imposition of tuition upon parents for attendance of nonresident pupil

State school aid membership count for nonresident pupil

The board of education of a school district may admit nonresident pupils to the schools of the district even though the school district may not count the pupils in membership for the purpose of receiving state school aid funds.

A school district admitting a nonresident pupil is not required to charge the parents tuition in the amount of full per capita operating costs, irrespective of whether the district is able to count the pupil in membership for state school aid purposes.

A nonresident pupil may be counted for membership for state school aid purposes if he or she was in attendance in the district as a nonresident school pupil before April 1, 1981.

Dr. Phillip E. Runkel

Superintendent of Public Instruction

Michigan Department of Education

Lansing, Michigan

You have requested my opinion on the following questions which will be answered in the order presented. The first question is:

1. Does 1976 PA 451, Sec. 1401 permit a school district to admit a nonresident pupil even though, pursuant to 1979 PA 94, Sec. 6(2), the school district may not count the pupil in membership for the purpose of receiving state school aid funds?

The School Code of 1976, 1976 PA 451, Sec. 1401; MCLA 380.1401; MSA 15.41401, grants boards of education discretionary authority to admit nonresident pupils to the schools of the district. However, boards of education that admit nonresident pupils must charge tuition for such pupils. Jones v Grand Ledge Public Schools, 349 Mich 1; 84 NW2d 327 (1957); OAG, 1975-1976, No. 5112, p 740 (December 23, 1976); OAG, 1979-1980, No. 5642, p 587 (February, 4, 1980).

As amended by 1981 PA 36, 1979 PA 94, Sec. 6(2), supra, provides:

"Pupil' means a person in membership in a public school. A district must have the approval of the pupil's district of residence to count the pupil in membership, except approval by the pupil's district of residence shall not be required for those pupils who were enrolled and in regular daily attendance and remain enrolled and in regular daily attendance in the district other than their district of residence before April 1, 1981.'

Thus, a district admitting a nonresident pupil may not count the pupil in membership for the purpose of receiving state school aid funds under 1979 PA 94, Sec. 21(1), supra, unless it has the approval of the pupil's district of residence to do so. 1979 PA 94, Sec. 6(2), supra, does not preclude a school district from admitting a nonresident pupil even though the pupil's district of residence will not approve counting the pupil in membership by the admitting district for purposes of receiving state school aid funds.

It is my opinion, therefore, that 1976 PA 451, Sec. 1401, supra, permits a school district to admit a nonresident pupil even though, pursuant to 1979 PA 94, Sec. 6(2), supra, the school district may not count the pupil in membership for the purpose of receiving state school aid funds.

2. If the answer to the first question is yes, may the district admitting the nonresident pupil charge the pupil's parents tuition in accordance with OAG, 1975-1976, No 5112, p 740 (December 23, 1976)?

When parents are paying the tuition, the school district admitting a nonresident pupil need not charge tuition in the amount of the full per capita operating cost. OAG, 1975-1976, No 5112, supra. This result is not changed by the lack of approval of the pupil's district of residence for the admitting district to count the pupil in membership for state school aid purposes.

It is my opinion, therefore, that where parents are paying the tuition, the school district admitting the non-resident pupil is not required to charge the parents tuition in the amount of the full per capita operating cost, irrespective of whether such district is able to count the pupil in membership for state school aid purposes. OAG, No 5112, supra.

3. Where a pupil attends in a school district as a resident pupil during the 1980-1981 school year and thereafter the pupil's parents move to another school district, may the former district of residence admit the pupil and count the pupil in membership for state school aid purposes based on attendance in the district before April 1, 1981?

It is clear that the exception concerning attendance in a district prior to April 1, 1981 found in 1979 PA 94, Sec. 6(2), supra, only applies to attendance prior to that date as a nonresident in a school district other than the school district of residence. Thus, the exception contained in 1979 PA 94, Sec. 6(2), supra, does not apply to the situation described in your third question.

It is my opinion, therefore, that, pursuant to 1979 PA 94, Sec. 6(2), supra, the former school district of residence may admit the pupil, but may not count the pupil in membership for state school aid purposes based on attendance in the district as a resident student before April 1, 1981.

Frank J. Kelley

Attorney General


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