Mich. Comp. Laws » Michigan Compiled Laws / Chapter 37 / Act 220 of 1976
Michigan Compiled Laws

Mich. Comp. Laws § 37.1402 (2026)

Educational institution; prohibited conduct.

✓ current as of July 2026
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PERSONS WITH DISABILITIES CIVIL RIGHTS ACT


Act 220 of 1976


37.1402 Educational institution; prohibited conduct.

Sec. 402.

    An educational institution shall not do any of the following:

    (a) Discriminate in any manner in the full utilization of or benefit from the institution, or the services provided and rendered by the institution to an individual because of a disability that is unrelated to the individual's ability to utilize and benefit from the institution or its services, or because of the use by an individual of adaptive devices or aids.

    (b) Exclude, expel, limit, or otherwise discriminate against an individual seeking admission as a student or an individual enrolled as a student in the terms, conditions, and privileges of the institution, because of a disability that is unrelated to the individual's ability to utilize and benefit from the institution, or because of the use by an individual of adaptive devices or aids.

    (c) Make or use a written or oral inquiry or form of application for admission that elicits or attempts to elicit information, or make or keep a record, concerning the disability of an applicant for admission for reasons contrary to the provisions or purposes of this act.

    (d) Print or publish or cause to be printed or published a catalog or other notice or advertisement indicating a preference, limitation, specification, or discrimination based on the disability of an applicant that is unrelated to the applicant's ability to utilize and benefit from the institution or its services, or the use of adaptive devices or aids by an applicant for admission to the educational institution.

    (e) Announce or follow a policy of denial or limitation through a quota or otherwise of educational opportunities of a group or its members because of a disability that is unrelated to the group or member's ability to utilize and benefit from the institution or its services, or because of the use by the members of a group or an individual in the group of adaptive devices or aids.

    (f) Develop a curriculum or utilize textbooks and training or learning materials which promote or foster physical or mental stereotypes.

History: 1976, Act 220, Eff. Mar. 31, 1977 ;-- Am. 1980, Act 478, Imd. Eff. Jan. 20, 1981 ;-- Am. 1998, Act 20, Imd. Eff. Mar. 12, 1998

Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1979–2023 · leading case: Littsey v. Bd. of Governors of Wayne State Univ., 310 N.W.2d 399 (Mich. Ct. App. 1981).
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Littsey v. Bd. of Governors of Wayne State Univ., 310 N.W.2d 399 (Mich. Ct. App. 1981). · cites it 4× “" MCL 37.1402; MSA 3.550(402). The trial court's order of November 30, 1979, granted defendant's motion for summary judgment pursuant to GCR 1963, 117.”
Bettina Winkler v. Marist Fathers of Detroit Inc, 909 N.W.2d 311 (Mich. Ct. App. 2017). · cites it 3× “MCL 37.1402, which is part of Article 4 of the PWDCRA, MCL 37.”
Jenkins v. Carney-Nadeau Pub. Sch., 505 N.W.2d 893 (Mich. Ct. App. 1993). · cites it 2× “” MCL 37.1402(b); MSA 3.550(402)(b). Plaintiff argues that she has an independent right to sue under that section.”
Hoot Ex Rel. Hoot v. Milan Area Schs., 853 F. Supp. 243 (E.D. Mich. 1994). “1606, prohibits an educational institution from discriminat[ing] in any manner in the full utilization of or benefit from the institution, or the services provided and rendered by the institution to an individual because of a handicap that is unrelated to the individual’s…”
Crancer v. Bd. of Regents, 402 N.W.2d 90 (Mich. Ct. App. 1986). “[MCL 37.1402; MSA 3.550(402).] The act defines "handicap” as follows for purposes of Article 4 of the hcra: (b) "Handicap” means a determinable physical or mental characteristic of an individual or a *795 history of the characteristic which may result from disease, injury,…”
Dady v. Rochester Sch. Bd., 282 N.W.2d 328 (Mich. Ct. App. 1979). · cites it 2× “The language is identical to that used in MCL 37.1402; MSA 3.550(402). If plaintiffs interpretation of the statutory language is correct, places of public accommodation would also have to provide affirmative services.”
Buck v. Thomas Cooley Law Sch., 615 F. Supp. 2d 632 (W.D. Mich. 2009). · cites it 4× “Plaintiffs state-court complaint alleged four counts: Count 1, Violation of Fiduciary Duty; Count 2, Violation of Michigan Consumer Protection Act; Count 3, Violation of Michigan Handicapper’s Civil Rights Act, Mich. Comp. Laws § 37.1402 (B) [PWDCRA]; and Count 4, Violation of…”
Roberts v. Delta Cnty. Prosecutor's Off. (W.D. Mich. 2019). · cites it 2× “§ 37.1402 (Count Nine); (2) violation of the Equal Protection Clause and 42 U.”
Tenita Webb-Eaton v. Wayne Cnty. Cmty. Coll. Dist. (Mich. Ct. App. 2017). “” MCL 37.1402(a). The PWDCRA also requires educational institutions to “accommodate a person with a disability for purposes of .”
Tenita Webb-Eaton v. Wayne Cnty. Cmty. Coll. Dist. (Mich. Ct. App. 2017). “” MCL 37.1402(a). The PWDCRA also requires educational institutions to “accommodate a person with a disability for purposes of .”
Bettina Winkler v. Marist Fathers of Detroit Inc (Mich. 2017). “Believing this decision was based on her learning disability, dyslexia, the plaintiff filed suit, alleging that the defendant violated MCL 37.1402 of the Persons With Disabilities Civil Rights Act (PWDCRA), MCL 37.”
Ad v. Grand Blanc Cmty. Schs. (Mich. Ct. App. 2020). “] In her complaint under the PWDCRA, plaintiff cited MCL 37.1402(a), which states that an educational institution shall not [d]iscriminate in any manner in the full utilization of or benefit from the institution, or the services provided and rendered by the institution to an…”
Show all 14 citing cases →
— Mich. Comp. Laws § 37.1402(a) — 6 cases
Hoot Ex Rel. Hoot v. Milan Area Schs., 853 F. Supp. 243 (E.D. Mich. 1994). “1606, prohibits an educational institution from discriminat[ing] in any manner in the full utilization of or benefit from the institution, or the services provided and rendered by the institution to an individual because of a handicap that is unrelated to the individual’s…”
Dady v. Rochester Sch. Bd., 282 N.W.2d 328 (Mich. Ct. App. 1979). “The language is identical to that used in MCL 37.1402; MSA 3.550(402). If plaintiffs interpretation of the statutory language is correct, places of public accommodation would also have to provide affirmative services.”
Tenita Webb-Eaton v. Wayne Cnty. Cmty. Coll. Dist. (Mich. Ct. App. 2017). “” MCL 37.1402(a). The PWDCRA also requires educational institutions to “accommodate a person with a disability for purposes of .”
Tenita Webb-Eaton v. Wayne Cnty. Cmty. Coll. Dist. (Mich. Ct. App. 2017). “” MCL 37.1402(a). The PWDCRA also requires educational institutions to “accommodate a person with a disability for purposes of .”
Ad v. Grand Blanc Cmty. Schs. (Mich. Ct. App. 2020). “] In her complaint under the PWDCRA, plaintiff cited MCL 37.1402(a), which states that an educational institution shall not [d]iscriminate in any manner in the full utilization of or benefit from the institution, or the services provided and rendered by the institution to an…”
— Mich. Comp. Laws § 37.1402(b) — 1 case
Jenkins v. Carney-Nadeau Pub. Sch., 505 N.W.2d 893 (Mich. Ct. App. 1993). “” MCL 37.1402(b); MSA 3.550(402)(b). Plaintiff argues that she has an independent right to sue under that section.”
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