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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. 6098 September 3, 1982 TEACHERS: Requirements for renewal of provisional certificate Upon expiration of an elementary provisional certificate, the certificate holder is obligated to meet the educational requirements as set forth in 2 Administrative Code 1979, R 390.1129a for renewal of the certificate where the holder, during the life of the certificate, did not teach in Michigan, did not sign the statutory oath of office on the certificate, and did not record the certificate in the office of a superintendent of schools in Michigan. Honorable Phil Arthurhultz State Senator State Capitol Lansing, Michigan 48909 You have requested my opinion on the following question: Upon the expiration of a Michigan elementary provisional teacher's certificate, is the certificate holder obligated to meet the educational requirements for a renewal of the provisional certificate where the holder, during the life of the certificate, did not teach in Michigan, did not sign the statutory oath on the back of the certificate and did not record the certificate in the office of a superintendent of schools in Michigan? The State Board of Education issues state elementary provisional teachers' certificates pursuant to 2 Administrative Code 1979, R 390.1126. In the bottom left hand corner of the certificate appears the words '[t]his certificate is valid only at such time as the above named signs the teacher oath on the reverse side and has it properly notarized.' Pursuant to R 390.1126, supra, an elementary provisional teacher's certificate is valid for six years. It is possible that a person holding an elementary provisional teacher's certificate may not utilize the certificate to teach in Michigan during the six year period so that the certificate holder may not sign the teacher's oath, have it properly notarized, and file the certificate in the office of the superintendent of schools of a Michigan school district. After the expiration date of the certificate, the holder may seek to secure another Michigan elementary provisional certificate. The question, therefore, arises as to whether the holder of the state elementary provisional certificate is subject to the continuing education requirements for renewal of an elementary provisional certificate contained in 2 Administrative Code 1979, R 390.1129a. The School Code of 1976, 1976 PA 451, Sec. 1532; MCLA 380.1532; MSA 15.41532, states, in pertinent part: '(1) Before a teacher's certificate is valid in this state, the holder shall record the same in the office of the intermediate superintendent or in the office of the superintendent of schools of a school district of the first, second, or third class where the person expects to teach. '(2) Before a teacher's certificate is valid in this state, the holder shall make and subscribe the following oath or affirmation. 'I do solemnly swear (or affirm) that I will support the constitution of the United States of America and the constitution of the state of Michigan and that I will faithfully discharge the duties of the office of teacher according to the best of my ability.' 'The oath shall be signed by the teacher, notarized, and attached to or superimposed on the teacher's certificate.' The fundamental rule of statutory construction is to ascertan and give effect to the Legislature's intent as expressed in the statute. June v School Dist No. 11, Southfield Twp, Oakland County, 283 Mich 533, 543; 278 NW 676, 680 (1938); Rapid Railway Co v Michigan Public Utilities Commission, 225 Mich 425, 429; 196 NW 518, 519 (1923). When the words of a statute are not clear, the construction which is most reasonable to accomplish the objects of the statute should be adopted and a construction leading to an absurd and unreasonable consequence should be avoided. June, supra, 283 Mich at 543; 278 NW at 680; Attorney General v Detroit United Railway, 210 Mich 227, 257; 177 NW 726, 737 (1920). In the situation described above, the elementary provisional certificate was appropriately issued by the State Board of Education and was intended for use by the holder when applying for teaching positions in Michigan. However, consistent with 1976 PA 451, Sec. 1532, supra, the certificate was not intended for use in connection with employment as a teacher until the oath was signed and the certificate recorded with the superintendent of schools of the employing school district. In R 390.1129a, supra, the State Board of Education has provided, in pertinent part: '(1) To be qualified for teaching at expiration of an elementary or secondary provisional certificate, an applicant shall qualify within the provisional period for a continuing certificate. (1) If the applicant does not so qualify, a 3-year renewal of the provisional certificate may be granted if the applicant presents evidence that he has completed 10 semester hours of credit since issuance of the provisional certificate or that he holds an earned master's or doctor's degree. A second 3-year renewal may be granted if the applicant presents evidence that he has earned 18 semester hours after issuance of the provisional certificate in a planned course of study applicable toward requirements for a continuing certificate or that he holds an earned master's or doctor's degree.' (Emphasis added.) Under one construction of the teacher certification rules, it may be contended that the holder of an elementary provisional certificate who does not teach in Michigan and, therefore, need not sign the requisite oath and record the certificate, may have such certificate reissued every six years despite the educational requirements for renewal of the certificate. On the other hand, an elementary provisional certificate holder who teaches in Michigan, having signed the oath and having recorded the certificate, would be subject to the educational requirements for renewal of the provisional certificate after its six-year expiration date. Such an anomalous result borders upon the ultimate reductio ad absurdum. There is no language in R 390.1129a, supra, authorizing the reissuing of an elementary provisional certificate, absent the educational requirements for renewal of such certificate, to certificate holders who did not teach in Michigan, did not sign the oath and did not record the certificate during the six-year life of the certificate. Further, it has been the consistent administrative interpretation of this rule that all those persons issued elementary provisional certificates who did not teach in Michigan during the six-year life of the certificate must, nevertheless, meet the educational requirements of R 390.1129a, supra, if they wish to have their certificates renewed after the six-year period has expired. Courts give respectful consideration and deference to an agency's interpretation of administrative rules. Golonka v Department of Education, 106 Mich App 28, 33-34; 308 NW2d 425, 428 (1981). It is my opinion, therefore, that upon the expiration of an elementary provisional certificate, the certificate holder is obligated to meet the educational requirements for a renewal of the certificate where the holder, during the life of the certificate, did not teach in Michigan, did not sign the statutory oath on the back of the certificate and did not record the certificate in the office of a superintendent of schools in Michigan. Frank J. Kelley Attorney General (1)
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