[ Previous Page]  [ Home Page ]

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. 6147

April 13, 1983

SCHOOLS AND SCHOOL DISTRICTS:

Authority to operate adult education program within boundaries of another school district

DEPARTMENT OF EDUCATION:

Authority to approve adult education program to be offered by a school district within the boundaries of another school district

The Legislature has expressly authorized the Department of Education, pursuant to 1979 PA 94, Sec. 108(2), to permit one school district to operate an adult education program with the boundaries of another school district without the permission, cooperation and consent of that school district.

Honorable Debbie Stabenow

State Representative

The Capitol

Lansing, Michigan

You have requested my opinion on the following question:

'Does the Department of Education have the authority to allow one school district to operate an adult education program within the boundaries of another school district without the permission, cooperation, and consent of that school district under section 108 of Act 94, PA 1979, as amended?

In the State School Aid Act of 1979, 1979 PA 94, Sec. 108, MCLA 388.1708; MSA 15.1919(1008), the Legislature has provided:

'(1) A district operating an adult education program and receiving an allowance under section 21(1) shall:

'(a) Provide the program with [sic] the geographic boundaries of the district. . . .

'(2) Two or more K to 12 districts may conduct adult education programs on a cooperative basis. Cooperating districts shall enter into an annual written agreement which shall cover all of the high school completion programs and adult basic education programs offered within the participating districts. Exceptions to this provision may be made with the approval of the department [of education].' (Emphasis supplied.)

For the past several years, the Lansing School District has conducted an adult education program for inmates at the Ingham County Jail within the Mason Public Schools School District pursuant to an annual written agreement between the Lansing School District and the Mason Public Schools School District. In 1982 the Mason Public Schools School District, by action of its board of education, established a community education program. One component of its planned program was to provide adult education services to inmates at the Ingham County Jail.

Refusing to sign the agreement for the 1982-1983 school year, the Mason Public Schools School District sought a ruling from the Department of Education as to which school district has the right to operate the educational program at the Ingham County Jail in the absence of such agreement. The Department of Education, in its ruling, stated, in pertinent part:

'After having staff review Section 108(2) of the State School Aid Act, Number 94, Public Acts of 1979, as amended, I am excepting the Lansing Public Schools from having to enter into an annual written agreement with the Mason School District regarding the Ingham County Jail Adult Education Program. This exception is granted based upon the Lansing School District's long history of providing educational services to the residents of this facility.

'Further, the Lansing School District has provided exemplary leadership in this area and the program has achieved state and national recognition. This program has served the inmates well and should not be diluted or taken over by the Mason School District at this time.

'We applaud your efforts to establish an adult education program for the 1982-83 school year, and staff in the Department of Education stand ready to assist you in designing a comprehensive program that will appropriately respond to the needs of the adult learners in your community. However, we feel that the education program at the jail must continue to be conducted by the Lansing School District.'

It is to be noted that over 75% of the inmates served by the program in question are from the Lansing School District. The current adult education program at the Ingham County Jail includes follow-up efforts by the Lansing School District to provide, upon release from jail, additional academic and vocational classes and job placement services as part of the rehabilitation program for former inmates.

The plain language of 1979 PA 94, Sec. 108(2), supra, authorizes the Department of Education to approve exceptions to the provision that a school district desiring to operate adult education programs outside its boundaries must enter into an annual written agreement with the school district or districts in which it will operate such programs. Pursuant to that express statutory authority, the Department of Education has granted the exception in question.

It is my opinion, therefore, that the Legislature has expressly authorized the Department of Education to permit one school district to operate an adult education program within the boundaries of another school district without the permission, cooperation and consent of that school district, pursuant to 1979 PA 94, Sec. 108(2), supra.

Frank J. Kelley

Attorney General


[ Previous Page]  [ Home Page ]