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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. 6419 January 15, 1987 CONSTITUTIONAL LAW: Const 1963, art 9, Sec. 11--Const 1963, art 8, Sec. 2--Allocation of additional state school aid on certain conditions STATE SCHOOL AID ACT OF 1979: Additional allocations to school districts on certain conditions MCL 388.1621(1)(a)(vii); MSA 15.1919(921)(1)(a)(vii), which provides to school districts an additional allowance of $29.00 per pupil if they satisfy the requirements imposed therein, including requiring as a condition for graduation in 1988-1989 the completion of one year of fine or performing arts instruction, effective for the 1987-1988 school year, comports with Const 1963, art 9, Sec. 11 and art 8, Sec. 2. Honorable William Faust State Senator The Capitol Lansing, Michigan You have inquired whether the State School Aid Act of 1979, MCL 388.1621(1)(a)(vii); MSA 15.1919(921)(1)(a)(vii), as last amended by 1986 PA 298, is constitutional. MCL 388.1621(1); MSA 15.1919(921)(1), provides, in pertinent part: "An additional $29.00 per pupil in gross allowance shall be allocated to any district that satisfies the requirements specified in either subdivision (a) or (b). "(a) The district requires pupils to have completed as a condition for graduation in 1988-89 all of the following: "(i) Three years of English or communication skills. "(ii) Two years of mathematics. "(iii) Two years of science. "(iv) Three years of social science. "(v) One year of health or physical education, or both. "(vi) Two years of a foreign language, vocational education or practical arts, or any combination thereof. "(vii) Effective for the 1987-88 school year, 1 year of fine or performing arts. "(viii) One semester of computer education." (Emphasis added.) The above-quoted statutory language is part of the State School Aid Act of 1979 which appropriates moneys from the state school aid fund established by Const 1963, art 9, Sec. 11, which provides: "There shall be established a state school aid fund which shall be used exclusively for aid to school districts, higher education and school employees' retirement systems, as provided by law. One-half of all taxes imposed on retailers on taxable sales at retail of tangible personal property, and other tax revenues provided by law, shall be dedicated to this fund. Payments from this fund shall be made in full on a scheduled basis, as provided by law." The Address to the People accompanying Const 1963, art 9, Sec. 11 states: "This is a new section which directs the legislature to establish a school aid fund to which must be dedicated one-half of all state sales tax collections and such other revenues as the legislature may determine. Moneys in the fund must be used for support of education and school employees' retirement systems. Payments from the fund are to be made in full on a basis scheduled by legislative enactment. "With the present four-cent sales tax, this section assures a continuance of the earmarking of two cents for public education and school retirement systems." (Emphasis added.) Use of the phrase "provided by law" indicates that the Legislature shall do the whole job of implementing the constitutional provision. Beech Grove Investment Co v Civil Rights Commission, 380 Mich 405, 418-419; 157 NW2d 213 (1968). Furthermore, the courts have recognized that the appropriation of state school aid funds is a legislative function. Alexander v Bartlett, 14 Mich App 177, 185; 165 NW2d 445 (1968). Moreover, Const 1963, art 8, Sec. 2, in pertinent part, provides: "The legislature shall maintain and support a system of free public elementary and secondary schools as defined by law. Every school district shall provide for the education of its pupils without discrimination as to religion, creed, race, color or national origin." The Address to the People accompanying the above-quoted constitutional provision states: "This is a revision of Sec. 9, Article XI, of the present [1908] constitution which fixes responsibility on the legislature to provide primary education. To conform to present practice and court interpretations, primary is changed to elementary and secondary. The balance of the section is excluded because its restrictions as to finance and definitions as to basic qualifications needed to be eligible for state aid are better left to legislative determination. "The anti-discrimination clause is placed in this section as a declaration which leaves no doubt as to where Michigan stands on this question." (Emphasis added.) Thus, it is clear that the Legislature has the authority to determine the qualifications for receiving state school aid by school districts. In MCL 380.1282; MSA 15.41282, which directs local boards of education to determine the courses of study to be pursued in their respective school districts, the Legislature has authorized local boards of education to offer the courses listed in MCL 388.1621(1)(a)(i)-(viii); MSA 15.1919(921)(1)(a)(i)-(viii). The authority to conduct these courses is contained in the School Code of 1976, MCL 380.1282; MSA 15.41282. The State School Aid Act of 1979 provision quoted herein simply provides additional funds to school districts that have adopted a requirement that students must have completed the enumerated courses as a condition for graduation. It is my opinion, therefore, that MCL 388.1621(1)(a)(vii); MSA 15.1919(921)(1)(a)(vii), which provides to school districts an additional allowance of $29.00 per pupil if they satisfy the requirements imposed therein, including requiring as a condition for graduation in 1988-1989 the completion of one year of fine or performing arts instruction, effective for the 1987-1988 school year, comports with Const 1963, art 9, Sec. 11 and art 8, Sec. 2. Frank J. Kelley Attorney General
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