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 JENNIFER M. GRANHOLM, ATTORNEY GENERAL COLLEGES AND UNIVERSITIES: NATIVE AMERICANS: PUBLIC SCHOOL ACADEMIES: SCHOOLS AND SCHOOL DISTRICTS: Geographical limitation on public school academy authorized by federal
tribal community college A public school academy authorized by a federal tribally controlled community
college is subject to the geographical limitations contained in section
502(2)(c) of the Revised School Code and must therefore be located within the
boundaries of the tribal community college district in Michigan. Opinion No. 7090 September 18, 2001 Honorable Mike Pumford Honorable Pan Godchaux Honorable Joseph Rivet Honorable Ron Jelinek Honorable Michael Switalski Honorable John Hansen You have asked whether a public school academy authorized by a federal
tribally controlled community college is, under the Revised School Code, subject
to any geographical limitations. The Revised School Code (Code), 1976 PA 451, MCL 380.1 et seq,
provides a system of public instruction. Generally speaking, school districts
are charged with the education of their pupils and may provide, inter alia,
preschool, adult education and recreation programs, as authorized by the
Legislature. Section 11a. Public school academies, often called "charter schools," are
governed by Part 6A of the Code, MCL 380.501 et seq. A public school
academy is a public school organized as a nonprofit corporation that is
administered by a board of directors. Sections 501(1) and 502(1). The person or
entity wishing to form a public school academy must apply to and contract with
an "authorizing body" before a public school academy may be
established. Section 502(3). Section 504(3), which prohibits a public school
academy from enrolling pupils who are not residents of Michigan and requires
that the academy be open to all pupils who reside in the geographic boundaries
of the authorizing body, provides in pertinent part as follows: (3) . . . Enrollment in the public school academy may be open to all
individuals who reside in this state who meet the admission policy and shall
be open to all pupils who reside within the geographic boundaries, if any,
of the authorizing body as described in section 502(2)(a) to (c) who meet
the admission policy, except that admission to a public school academy
authorized by the board of a community college to operate, or operated by
the board of a community college, on the grounds of a federal military
installation, as described in section 502(2)(c), shall be open to all pupils
who reside in the county in which the federal military installation is
located. An authorizing body of a public school academy may be the board of a school
district that operates grades K-12, an intermediate school board, the board
of a community college, or the governing board of a state public university.
Section 502(2). The term "community college" is defined in section
501(2)(c) to include federal tribally controlled community colleges. (c) "Community college" means a community college organized
under the community college act of 1966, Act No. 331 of the Public Acts of
1966, being sections 389.1 to 389.195 of the Michigan Compiled Laws, or a
federal tribally controlled community college that is recognized under the
tribally controlled community college assistance act of 1978, Public Law
95-471, 92 Stat. 1325, [25 USC 1801 et seq], and is determined by the
department to meet the requirements for accreditation by a recognized
regional accrediting body. [Emphasis added.] As originally enacted in 1993, section 502(2)(c) of the Code prohibited a
community college board from issuing a contract for a public school academy to
operate "outside the boundaries of the community college district."
1994 PA 416 amended section 502(2)(c) to permit the award of a contract for one
public school academy to operate on the grounds of an active or closed federal
military installation located outside the boundaries of the community college
district if the community college district had previously offered courses on
such grounds for at least ten years. 1995 PA 289 further amended section
502(2)(c) to remove the limitation upon the total number of contracts that a
community college board could issue for public school academies to be operated.
But each of these amendments retained the limitation that public school
academies be operated within the boundaries of the community college district,
except for a public school academy operated on a federal military installation. By 2000 PA 231, which added section 1475 to the Code, the Legislature
declared that a federal tribally controlled community college "may provide
college level courses or participate in other activities" under the Code
only if all of the following are in effect: 1. The federal tribally controlled community college board members take
the constitutional oath of office as public officers of this state. 2. The members of such board certify to the Michigan Department of
Education that they will act as a public educational body or officer of the
state subject to the Constitution and laws of the state, and to the
exclusive control of the state, and 3. The members of the board shall be subject to removal or suspension by
the superintendent of public instruction for violating the provisions of the
Code. This addition to the Code is significant in light of the Michigan Supreme
Court's decision in Council of Organizations v Governor, 455 Mich 557;
566 NW2d 208, 78 ALR5th 767 (1997). In upholding the
constitutionality of Part 6A of the Code, the court found that "public
school academy board members are public officials and are subject to all
applicable law pertaining to public officials." 455 Mich at 585. To determine the Legislature's intent in enacting sections 501 and 502 of the
Code, it is necessary to focus upon the language of these provisions. If the
words used are clear and unambiguous, the statute should be given effect as it
is written. Turner v Auto Club Ins Ass'n, 448 Mich 22, 27; 528 NW2d 681
(1995). By defining the term "community college" to include "a
federal tribally controlled community college," the Legislature clearly
intended to empower a federal tribally controlled community college to authorize
a public school academy, provided, however, that the board of such college
complies with the requirements imposed by section 1475 of the Code, supra. Regarding any geographical limitation upon a public school academy authorized
by a community college board, the language in section 502(2)(c) is equally
plain. It provides that a public school academy authorized by a community
college board "shall not operate outside the boundaries of the community
college district." Id. Regarding a public school academy authorized
and established by a board of a community college organized under the Community
College Act of 1966, 1966 PA 331, MCL 389.1 et seq, the boundaries of the
authorizing district are readily ascertainable in accordance with provisions of
that law. The Community College Act of 1966 authorizes the formation of
community college districts generally to consist of one or more contiguous
counties (section 11), a single school district (section 31(2)), two or more
contiguous school districts (section 31), an intermediate school district or two
or more adjoining intermediate school districts (section 51). A federal tribally controlled community college is one formally sanctioned or
chartered by the governing body of an Indian tribe. See 25 USC 1801(4). The
formal charter of a federal tribally controlled community college establishes
the geographic boundaries of the college district. It is my opinion, therefore, that a public school academy authorized by a
federal tribally controlled community college is subject to the geographical
limitations contained in section 502(2)(c) of the Revised School Code and must
therefore be located within the geographical boundaries of the tribal community
college district in Michigan. JENNIFER M. GRANHOLM |