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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. 6360

May 13, 1986

SCHOOLS AND SCHOOL DISTRICTS:

Benefits due substitute teacher

A substitute teacher employed by a school district in the same teaching position for the last thirty days of a school year and the first thirty days of the next school year is entitled to benefits as provided in MCL 380.1236(1); MSA 15.41236(1).

Honorable Debbie Stabenow

State Representative

The Capitol

Lansing, Michigan

You have requested my opinion whether a substitute teacher employed in the same teaching position for the last thirty days of a school year and the first thirty days of the next school year is entitled to the benefits provided in MCL 380.1236(1); MSA 15.41236(1). The Legislature has provided in MCL 380.1236; MSA 15.41236, as follows:

'(1) A teacher employed as a substitute teacher with an assignment to 1 specific teaching position after 60 days of service shall be granted for the duration of that assignment leave time and other privileges granted to regular teachers by the school district, including a salary not less than the minimum salary on the current salary schedule for that district.

'(2) A teacher employed as a substitute teacher for 120 days or more during a legal school year of not less than 180 days, or employed as a substitute teacher for 150 days or more by an intermediate school district that operates any program for 220 days or more as required by administrative rule, shall be given during the balance of the school year or during the next succeeding legal school year only, the first opportunity to accept or reject a contract for which the substitute teacher is certified, after all other teachers of the school district are reemployed in conformance with the terms of a master contract of an authorized bargaining unit and the employer.

'(3) As used in this section, 'day' means the working day of the regular, full-time teacher for whom the substitute teacher substitutes. A quarter-day, half-day, or other fractional day of substitute service shall be counted only as that fraction. However, a fraction of a day that is acknowledged by the school district and paid as a full day shall be counted as a full day for purposes of this section.' (Emphasis added.)

In construing a statute, legislative intent may be determined from the provisions of the sections of the statute in the immediate connection in which the statute occurs. In Re Corby's Estate, 154 Mich 353; 117 NW 906 (1908); OAG, 1963-1964, No 4193, p 274, 275 (February 5, 1964); OAG, 1981-1982, No 5959, p 318 (August 14, 1981). A reading and comparing of the above quoted statutory provisions reveals that in subsection (2), the Legislature employed the phrase 'during a legal school year.' That phrase, however, is not found in subsection (1), thus evincing the legislative intent that the sixty days in the specific teaching position need not be served during the same school year.

It is my opinion, therefore, that a substitute teacher employed by a school district in the same teaching position for the last thirty days of a school year and the first thirty days of the next school year is entitled to the benefits provided in MCL 380.1236(1); MSA 15.41236(1).

Frank J. Kelley

Attorney General

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