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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. 6203

February 3, 1984

SCHOOLS AND SCHOOL DISTRICTS:

Textbook deposit--time for collection and time for refund of deposit

Textbook deposit--use of deposit to replace or repair damaged book

Textbook deposit--payment of interest on refunded deposit

The board of education of a school district may require payment of a refundable deposit from a student or parent prior to issuance of textbooks to the student, provided that the student or parent is financially able to provide the deposit.

A board of education is not required by the Legislature to pay interest upon textbook deposit funds held when refunding the deposit.

A board of education may not retain a textbook deposit and require the student or parent to provide other funds or withhold report cards until other funds are provided to pay for textbooks damaged beyond ordinary wear and tear.

A board of education must refund textbook deposits made by high school students by the end of each school year unless the students and their parents leave the textbook deposits with the school district from year to year.

Honorable Frederick Dillingham

State Representative

The Capitol

Lansing, Michigan

You have requested my opinion on four questions which may be phrased as follows:

1. Whether boards of education may require students to provide refundable textbook deposits prior to the issuance of textbooks to the students?

2. Whether boards of education are required to pay interest when refunding textbook deposits?

3. Whether boards of education may retain textbook deposits and require students to use other funds to pay for textbooks damaged beyond ordinary wear and tear?

4. Whether boards of education may keep high school students' textbook deposits until September of the year following the students' graduation?

Answering your questions seriatim, it must first be noted that in 1976 PA 451, Sec. 1422; MCLA 380.1422; MSA 15.41422, the Legislature has provided:

'(1) The board of each school district shall select, approve and purchase the textbooks to be used by the pupils of the schools on the subjects taught in the district.'

'(2) The textbooks shall be the property of the school district purchasing them and shall be loaned to pupils without charge. A board may require a reasonable and refundable deposit on textbooks.' (Emphasis added.)

Based on the above quoted statutory language, OAG, 1977-1978, No 5260, pp 341-342 (February 2, 1978) concluded, that 'boards of education may require students to make a reasonable and refundable textbook deposit, where the student or his parents are financially able to make the deposit. . . .' The authority to impose a reasonable and refundable deposit must include the power to require that the deposit be made prior to issuance of the textbooks to the students.

It is my opinion, therefore, that boards of education may require students to provide refundable textbook deposits, prior to the issuance of textbooks to the students, where the students or their parents are financially able to make the deposits.

Your second question is:

'Whether boards of education are required to pay interest when refunding textbook deposits?'

Boards of education have only such powers as the Legislature confers upon them either expressly or by reasonably necessary implication in statutory enactments. Senghas v L'Anse Creuse Public Schools, 368 Mich 557, 560; 118 NW2d 975 (1962); Singer Architectural Services Co v Doyle, 74 Mich App 485, 489; 254 NW2d 587; lv den, 402 Mich 811 (1977). 1976 PA 451, Sec. 1422, supra, which authorizes reasonable and refundable textbook deposits, does not expressly nor by reasonably necessary implication either require or authorize interest to be paid when refunding textbook deposits.

It is my opinion, therefore, that boards of education are not required by the Legislature to pay interest upon funds held when refunding textbook deposits.

Your third question is:

'Whether boards of education may retain textbook deposits and require students to use other funds to pay for textbooks damaged beyond ordinary wear and tear?'

It is manifest that the legislative purpose underlying the grant of authority to charge reasonable, refundable textbook damage deposits is to provide school districts with a readily available source of funds from which to replace or repair textbooks damaged beyond ordinary wear and tear. Boards of education that retain the textbook deposits and require students to use other funds or withhold report cards until other funds are provided to pay for textbooks damaged beyond ordinary wear and tear are not complying with the purpose of 1976 PA 451, Sec. 1422, supra, for the reason that they are not collecting money for the statutorily authorized purpose, i.e., to provide a source of funds from which school districts may replace or repair textbooks damaged beyond ordinary wear and tear.

It is my opinion, therefore, that boards of education may not retain textbook deposits and require students to use other funds or withhold report cards until other funds are provided to pay for textbooks damaged beyond ordinary wear and tear.

Your last question is:

'Whether boards of education may keep high school students' textbook deposits until September of the year following the students' graduation?'

In 1970, the Michigan Supreme Court held that, pursuant to the provisions of Const 1963, art 8, Sec. 2 concerning 'free public elementary and secondary schools . . .', school districts must provide textbooks to students without charge. Bond v Ann Arbor School Dist, 383 Mich 693; 178 NW2d 484; 41 ALR 3rd 742 (1970). In policy guidelines issued by the State Board of Education in August, 1970 and supplemented in December, 1970, the Board undertook to assist school districts in administering free textbooks in light of Bond, supra. The supplemental policy guidelines approved reasonable, refundable textbook deposits and provided with respect thereto that '[r]efunds must be made at the end of each school year or during the year if the student leaves the school system. . . .'

In my August 23, 1971 letter opinion to Senator Anthony Stamm, it was concluded that in light of the predecessor School Code of 1955, 1955 PA 269, Secs. 578 and 866 granting boards of education authority to adopt regulations for the preservation of school district property, including textbooks, that boards of education had the authority to require reasonable, refundable textbook deposits, but may not charge for usage of textbooks resulting from usual wear and tear. In reaching that result, the opinion relied upon and quoted from the December, 1970 policy guidelines concerning textbook deposits, including the portion thereof requiring that refunds must be made at the close of each school year.

In March, 1972 the State Board of Education adopted its present position statement entitled 'Free Textbooks, Materials and the Charging of Fees' which contains the admonition that '[r]efunds must be made at the end of each school year or during the year if the student leaves the school system. . . .' Subsequently, in 1976 PA 451, Sec. 1422, supra, the Legislature expressly authorized boards of education to require reasonable, refundable textbook deposits. OAG, 1977-1978, No 5260, supra. Thereafter, the State Board of Education continued to maintain its position that textbook deposits must be refunded at the close of each school year.

The State Board of Education's consistent interpretation of 1976 PA 451, Sec. 1422, supra, is entitled to respectful consideration. OAG, 1979-1980, No 5661, p 650, 651 (March 3, 1980).

It is my opinion, therefore, that boards of education may not keep high school students' textbook deposits until September of the year following the students' graduation. (a1) However, students, who have not graduated from high school, and their parents may leave the textbook deposit with the school district from year to year if they so desire. Segar v Board of Education of the School Dist of the City of Rockford, 317 Ill 418; 148 NE 289, 290 (1925).

Frank J. Kelley

Attorney General

(a1.) If a student graduates at mid-year, the student's textbook deposit must be refunded at that time.

 


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