STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 6193

November 10, 1983

SCHOOLS AND SCHOOL DISTRICTS:

Impact of use of unqualified teacher in vocational education program upon receipt of state categorical aid for such program

Receipt of federal vocational funds by school district employing unqualified teacher in a specific vocational education program

A school district employing a legally unqualified teacher in a specific vocational education program is not eligible to receive state categorical aid for that program.

A school district employing an unqualified teacher in its vocational education program is not eligible to receive federal vocational funds for such specific program.

Dr. Phillip E. Runkel

Superintendent of Public Instruction

Michigan Department of Education

Lansing, Michigan

You have requested my opinion with respect to state and federal reimbursement for vocational-technical education program costs incurred by local and intermediate school districts when legally qualified teachers are not utilized in such programs. Your questions may be stated as follows:

Addressing you first question, state categorical aid to public school districts for secondary level vocational-technical education programs is provided pursuant to section 61 of the State School Aid Act of 1979, 1979 PA 94; MCLA 388.1601 et seq; MSA 15.1919(901) et seq. 1979 PA 94, Sec. 61, supra, authorizes the State Board of Education to promulgate rules establishing eligibility criteria for reimbursement of vocational-technical program costs incurred by school districts. The administrative rules provide that the vocational-technical programs be operated in compliance with all applicable statutory provisions and administrative regulations in order to be approved by the Department of Education as eligible for funding on an added cost basis. 2 Administrative Code 1979, R 395.375, R 395.376, p 2968.

The School Code of 1976, 1976 PA 451; MCLA 380.1 et seq; MSA 15.4001 et seq, in section 1233(1), states that '[t]he board of a school district shall not permit a teacher who does not hold a valid teaching certificate to teach in a grade or department of the school . . ..' In addition, 1979 PA 94, supra, Sec. 163, provides that boards of education shall not permit unqualified teachers to teach. To be legally qualified to teach vocational-technical education, one must obtain Department of Education endorsement or authorization. 2 Administrative Code 1979, R 390.1105(1), p 2901, R 390.1161-R 390.1167, pp 2911-2912. Thus, a school district using a person not legally qualified to teach a specific vocational education program is not operating such program in compliance with the applicable statutory and administrative regulations. 2 Administrative Code 1979, R 395.375 and R 395.376, supra.

It is my opinion, therefore, that if a school district utilizes a teacher who is not legally qualified to teach a specific vocational education program, that school district is not eligible for state categorical aid for that program.

Turning to your second question, federal funds for various vocational-technical programs are granted to the Michigan Department of Education for disbursement to local public school districts pursuant to the Vocational Education Act of 1963, 90 Stat 2169 et seq, 20 USC Sec. 2301 et seq. The Department of Education has represented to the Secretary of the United States Department of Education that secondary level vocational instructional personnel in programs supplemented by federal aid will be legally qualified to teach in accordance with the administrative rules governing teacher certification in Michigan. See, 'The Annual And Long Range State Plan For Vocational Education 1984,' p 10, which was prepared by and submitted by the Michigan State Board of Education to the United States Department of Education and subsequently approved by the latter pursuant to 20 USC 2308. Pursuant to the pertinent federal administrative regulations, a state may use the federal vocational education funds only in accordance with the approved state vocational education plan. 34 CFR 400.502(c) and 34 CFR 400.902.

It is my opinion, therefore, that where a school district utilizes a teacher in its vocational education program who is not legally qualified to teach as required by the applicable state vocational education plan as agreed upon between the United States Department of Education and the Michigan State Board of Education, it is not eligible to receive federal vocational funds for the specific program.

Frank J. Kelley