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. 6762

July 2, 1993

STATE SCHOOL AID ACT OF 1979:

State School Aid Act of 1979 reimbursement to school districts for pupils enrolled in bilingual instruction programs

SCHOOL DISTRICTS:

State School Aid Act of 1979 reimbursement to school districts for pupils enrolled in bilingual instruction programs

EDUCATION:

State School Aid Act of 1979 reimbursement to school districts for pupils enrolled in bilingual instruction programs

Under the provisions of section 41 of the State School Aid Act of 1979, a local school district may not be reimbursed for more than three years for a pupil enrolled in the school district's bilingual instruction program.

Honorable Jack Welborn

State Senator

The Capitol

Lansing, MI

You have asked a question which may be stated as follows:

Under the provisions of section 41 of the State School Aid Act of 1979, MCL 388.1641; MSA 15.1919(941), may a local school district be reimbursed for more than three years for a pupil enrolled in the school district's bilingual instruction program?

Section 41 of the State School Aid Act of 1979, MCL 388.1641; MSA 15.1919(941), allocates funds to local school districts which offer programs of bilingual instruction for pupils of limited English-speaking ability. Section 41 provides, in pertinent part:

Reimbursement shall be on a per pupil basis and shall be based on the number of pupils of limited English-speaking ability in membership on the pupil membership count day. Funds allocated under this section shall be used solely for the bilingual instruction in speaking, reading, writing, or comprehension of pupils of limited English-speaking ability. As required by section 1155 of the school code of 1976, a child of limited English-speaking ability residing in a school district operating or participating in a bilingual instruction program pursuant to section 1153 of the school code of 1976 shall be enrolled in the bilingual instruction program for 3 years or until the child achieves a level of proficiency in English language skills sufficient to receive an equal educational opportunity in the regular school program, whichever occurs first. [ Emphasis added.]

The School Code of 1976 provides for school districts to establish and operate programs of bilingual instruction for children of limited English-speaking ability. MCL 380.1152-1156; MSA 15.41152-41156. As the United States Supreme Court has recognized, "students who do not understand English are effectively foreclosed from any meaningful education," Lau v Nichols, 414 US 563, 566; 94 SCt 786; 39 LEd2d 1 (1974). Bilingual instruction programs assist children of limited English-speaking ability to achieve a level of proficiency in English language skills so that they receive an equal educational opportunity in their regular school program.

To accomplish this objective, section 1155(4) of the School Code of 1976 prescribes the amount of time that a student shall be enrolled in the bilingual instruction program as follows:

A child of limited English-speaking ability residing in a school district operating or participating in a bilingual instruction program pursuant to section 1153 shall be enrolled in the bilingual instruction program for 3 years or until the child achieves a level of proficiency in English language skills sufficient to receive an equal educational opportunity in the regular school program, whichever occurs first. [ Emphasis added.]

It should be noted that the School Code does not prohibit bilingual instruction for a longer period of time if a child should require continued assistance.

In providing for the funding of a bilingual instruction program, the State School Aid Act of 1979 specifically sets forth the basis on which a school district shall be reimbursed. As quoted above, section 41 provides that reimbursement is determined on a per pupil basis based on the number of pupils of limited English-speaking ability in membership on the pupil membership count day. Reimbursement is provided only for the period of time a pupil is required to be enrolled in the bilingual instruction program, three years or until a level of proficiency in English is achieved so that the child receives an equal educational opportunity in the regular school program, whichever occurs first. It is a fundamental rule of statutory construction that the provisions of a statute which are clear and unambiguous must be applied as written and do not require further interpretation. Owendale-Gagetown School Dist v Bd of Education, 413 Mich 1, 8; 317 NW2d 529 (1982).

It is my opinion, therefore, that under the provisions of section 41 of the State School Aid Act of 1979, MCL 388.1641; MSA 15.1919(941), a local school district may not be reimbursed for more than three years for a pupil enrolled in the school district's bilingual instruction program.

Frank J. Kelley

Attorney General