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

MIKE COX, ATTORNEY GENERAL

EDUCATION:

SCHOOLS AND SCHOOL DISTRICTS:

 Eligibility for state school aid under Postsecondary Enrollment Options Act

A school district may receive state school aid funds for a student who is enrolled in high school for a fifth year and is attending classes at a postsecondary institution under the Postsecondary Enrollment Options Act, provided that the student is enrolled in at least one high school class in at least grade 11 and has achieved the endorsements required under section 3(f) of the act.

Opinion No. 7168

January 28, 2005

Honorable Lisa Wojno
State Representative
The Capitol
Lansing, MI 48909

You have asked if a school district may receive state school aid funds for a student who is enrolled in high school for a fifth year and is attending classes at a postsecondary institution under the Postsecondary Enrollment Options Act.

The Postsecondary Enrollment Options Act (PSEOA), 1996 PA 160, MCL 388.511 et seq, was enacted to provide a wider variety of options to high school students "by encouraging and enabling qualified pupils to enroll in courses or programs in eligible postsecondary institutions," commonly called "dual enrollment." MCL 388.512. Information received with your request indicates that a school district is encouraging students to remain in high school for an additional year so that they can participate in the dual enrollment program and earn college credits at state expense.

The purpose of the PSEOA is clear. In providing for the education of children in Michigan, the Legislature has increased the academic options for high school students who have reached certain levels of achievement by authorizing the use of state school aid funds to pay tuition and other "eligible charges" to state universities, community colleges, or certain private universities or colleges located in Michigan, thus enabling those students to enroll in courses or programs not offered at the high school by the school district.1  MCL 388.512; MCL 388.513(c) (defining "eligible charges"); MCL 388.1621b. See OAG, 1995-1996, No 6872, p 99 (September 19, 1995).

To take courses under the PSEOA, a student must be an "eligible student," which is defined in section 3(f) of the PSEOA, in relevant part, as:

[E]xcept as otherwise provided in this subdivision, a student enrolled in at least 1 high school class in at least grade 11 in a school district in this state, except a foreign exchange pupil enrolled in a school district under a cultural exchange program. Until the 2006-2007 school year, to be an eligible student a student must have achieved state endorsement in all subject areas under section 1279 of the revised school code, 1976 PA 451, MCL 380.1279. However, if the student has not achieved state endorsement in all subject areas under that section, the student is an eligible student only for the limited purpose of enrolling in 1 or more eligible courses under this act in a subject area for which he or she has achieved state endorsement, in computer science or foreign language not offered by the school district, or in fine arts as permitted by the school district. [MCL 388.513(f); emphasis added.]2

The primary rule of statutory construction is to effectuate the intent of the Legislature:

The foremost rule, and our primary task in construing a statute, is to discern and give effect to the intent of the Legislature. This task begins by examining the language of the statute itself. The words of a statute provide "the most reliable evidence of its intent . . . ." If the language of the statute is unambiguous, the Legislature must have intended the meaning clearly expressed, and the statute must be enforced as written. . . . Only where the statutory language is ambiguous may a court properly go beyond the words of the statute to ascertain legislative intent. [Sun Valley Foods v Ward, 460 Mich 230, 236; 596 NW2d 119 (1999); citations omitted.]

The language of the PSEOA is unambiguous. Students may enroll in courses or programs in eligible postsecondary institutions if they are enrolled in a least one high school class in at least grade 11 in a school district in this state and have achieved the required endorsements.

In the situation you describe, a school district is encouraging students to remain in high school for a fifth year for the purpose of qualifying as an eligible student under the PSEOA so that they may attend courses at postsecondary institutions that are paid for with state funds. Nothing in the statutory language precludes this. These students meet the statutory definition of eligible student if they are enrolled in at least one high school class in at least grade 11 and have achieved the required endorsements.3

It is my opinion, therefore, that a school district may receive state school aid funds for a student who is enrolled in high school for a fifth year and is attending classes at a postsecondary institution under the Postsecondary Enrollment Options Act, provided that the student is enrolled in at least one high school class in at least grade 11 and has achieved the endorsements required under section 3(f) of the act.

MIKE COX
Attorney General

1The payment of state school aid funds that may be used for tuition and other eligible charges is based on a formula set out in section 4(5) of the PSEOA, MCL 388.514(5).  The payment may not necessarily cover the entire cost, in which case the student is responsible for the difference.

2Beginning in the 2006-2007 school year, to be eligible to participate in the program under this act, a student who has not taken the Michigan merit examination must have achieved a qualifying score in all subject areas on a "readiness assessment" as defined in section 3(j) of the PSEOA and a student who has taken the Michigan merit examination must have achieved a qualifying score in all subject areas on that examination.  "However, if the student has not achieved a qualifying score in all subject areas on a readiness assessment or the Michigan merit examination, as applicable for the student, the student is an eligible student only for the limited purpose of enrolling in 1 or more eligible courses under this act in a subject area for which he or she has achieved a qualifying score, in computer science or foreign language not offered by the school district, or in fine arts as permitted by the school district."  [MCL 388.513(f).]

3The State School Aid Act of 1979 provides that a school district may only claim state school aid funds for pupils who are properly counted in membership in the district.  MCL 388.1701.  To be counted in membership, except in the case of special education students, a pupil must be less than 20 years of age on September 1 of the school year.  MCL 388.1606(4)(l).  Additionally, the Legislature has provided that an individual who has obtained a high school diploma or a general education development (GED) certificate shall not be counted in membership.  MCL 388.1606(4)(m).