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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. 6209

March 23, 1984

STATE BOARD OF EDUCATION:

Certification of teachers--authority to modify or revise certificate upon request of qualified teacher

TEACHERS:

Request for modification or revision of teacher certificate or endorsement by qualified teacher

The State Board of Education is not authorized to modify or revise a previously issued teaching certificate, or endorsement thereon, at the selective request of the certificate holder.

Honorable Wilfred Webb

State Representative

The Capitol

Lansing, Michigan

You have requested my opinion whether the State Board of Education may, at the selective request of the holder, revise or modify a previously issued teaching certificate or endorsement thereon, and, if so, whether such a certificate or endorsement may be reissued. This office has been informed that the question arises in the context of a person who is legally authorized to teach in several grade level or subject matter areas and wishes to become legally ineligible to teach in certain of those areas so that the person's board of education employer will have to employ such person in the remaining areas the person is legally authorized to teach. The person is seeking a partial withdrawal of the person's legal entitlement to teach in the public and private elementary or secondary schools in this state.

In 1976 PA 451, the School Code of 1976, Sec. 1531; MCLA 380.1531; MSA 15.41531, the Legislature has authorized the State Board of Education to determine the requirements for and issue teaching certificates. Gretzinger v State Bd of Educ, 121 Mich App 247, 252; 328 NW2d 544 (1981). Pursuant to this grant of statutory authority, the State Board of Education has promulgated administrative rules dealing with teacher certification. See, 2 Administrative Code 1979, R 390.1102-R 390.1305 and 1981 AACS, R 390.1101-R 390.1157.

The Department of Education's position is that the administrative rules only authorize it to grant elementary certificates, valid for teaching all subjects in grades K-8 and grade 9 in areas in which the applicant has completed a major or minor, or secondary certificates, valid for all subjects in grades 7 and 8 and the subject matter areas in grades 9 to 12 in which the applicant has completed a major or minor. In administering the relevant statutory provisions and administrative rules covering teacher certification, the Department of Education has advised me that a review of its records reveals that it has never permitted an applicant for certification to selectively limit the scope of the teaching certificate that the applicant is eligible to receive. The Department of Education would not honor a request for a limitation of either the elementary or secondary certificate in terms of either grade level or subject matter area since there is no provision for same in the administrative rules.

Neither the pertinent statutory provisions nor the administrative rules governing teacher certification provide for the withdrawal of previously issued certificates, or endorsements thereon, at the selective request of the holder by the State Board of Education. In contrast, 2 Administrative Code 1979, R 390.1201, authorizes the suspension or revocation of a teaching certificate for specified types of misconduct. The suspension or revocation renders the person that held the certificate legally ineligible to teach until the certificate is reinstated.

The Michigan Department of Education, in administering the statutory provisions and administrative rules concerning teacher certification, has interpreted the statutes and rules as not authorizing the withdrawal of a previously issued certificate, or endorsement thereon, at the selective request of the holder. The courts have ruled that the construction given a statute or administrative rule by the administrative agency that implements the statute or rule is entitled to respectful consideration and will not be overruled without cogent reason. Golonka v Dep't of Educ, 106 Mich App 28, 33-34; 308 NW2d 425 (1981), citing Bd of Educ of Oakland Schools v Superintendent of Public Instruction, 401 Mich 37, 41; 257 NW2d 73 (1977). See also, Gretzinger v State Bd of Educ, supra, 121 Mich App, 247, 253-254.

It is my opinion, therefore, that the State Board of Education is not authorized to modify or revise a previously issued teaching certificate, or endorsement thereon, at the selective request of the certificate holder. In light of this answer, there is no need to address the second portion of your question.

Frank J. Kelley

Attorney General


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