Michigan Compiled Laws

Mich. Comp. Laws § 380.1281 (2026)

State board; duties generally; examination and audit of official records and accounts; action to compel accounting; waiver from compliance with rules.

✓ current as of July 2026

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THE REVISED SCHOOL CODE

Act 451 of 1976

380.1281 State board; duties generally; examination and audit of official records and accounts; action to compel accounting; waiver from compliance with rules.

Sec. 1281.

(1) The state board shall:

(a) Require each board, each public school academy board of directors, each intermediate school board, and the officers of each of those boards to observe the laws relating to schools.

(b) Require each board to maintain school or to provide educational opportunities for resident children for the statutory period.

(c) Prescribe appropriate uniform pupil and finance accounting records for use in school districts, public school academies, and intermediate school districts and promulgate rules for their adoption.

(d) Require each board, each public school academy board of directors, and each intermediate school board to carry out the state board's recommendations relative to the safety of school buildings, equipment, and appurtenances, including any condition that may endanger the health or life of pupils.

(2) The state board may examine and audit the official records and accounts of school districts, public school academies, and intermediate school districts, and may compel proper accounting by legal action instituted by direction of the attorney general.

(3) Upon application by a school district, public school academy, university school, or intermediate school district, the state board may grant to the school district, public school academy, university school, or intermediate school district a limited time waiver from a state board or department rule interpreting or implementing a provision of this act. The state board may grant a waiver only if the school district, public school academy, university school, or intermediate school district demonstrates that it can address the intent of the rule in a more effective, efficient, or economical manner or that the waiver is necessary to stimulate improved pupil performance. A waiver shall not be granted for more than 3 years, but may be renewed. The state board may place conditions on a waiver or its renewal. The state board may revoke a waiver if it determines that the waiver no longer meets the criteria of this subsection, compromises equal opportunities for learning, or is detrimental to the educational interests of pupils. The state board may not grant a waiver from the duty to comply with a provision of this act, and may not grant a waiver from the duty to comply with another state statute unless and to the extent that a waiver is specifically allowed by that other state statute.

History: 1976, Act 451, Imd. Eff. Jan. 13, 1977 ;-- Am. 1994, Act 416, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 289, Eff. July 1, 1996

PopularName Notes:

Act 451

AdminRule Notes:

R 340.1 et seq.; R 340.351 et seq.; and R 340.851 et seq. of the Michigan Administrative Code.

Notes of Decisions

Cited in 6 cases, 1978–2020 · leading case: Durant v. State Bd. of Educ., 381 N.W.2d 662 (Mich. 1986).

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Durant v. State Bd. of Educ., 381 N.W.2d 662 (Mich. 1986). · cites it 2× “[MCL 380.1281(1)(b); MSA 15.41281(1)(b).] Sec.”

Berry v. Sch. Dist. of City of Benton Harbor, 467 F. Supp. 721 (W.D. Mich. 1978). “§ 380.1281, and while these constitutional and statutory provisions do not specify that there is a duty to survey, it is apparent that they intended that the State Board undertake all duties which are reasonably necessary to insure that the antidiscrimination clause is being…”

Barbara Jean Berry v. Sch. Dist. of the City of Benton Harbor, William G. Milliken, Governor of the State of Michigan, 698 F.2d 813 (6th Cir. 1983). “) Mich.Comp.Laws Ann. § 380.1281 (1977) reinforces the State Board’s duty to enforce the laws against discrimination in education by stating that “SBE shall require each board, and intermediate school board, and the officers thereof to observe the laws relating to school.”

Berry v. Sch. Dist. of City of Benton Harbor, 467 F. Supp. 695 (W.D. Mich. 1978). · cites it 2× “§ 380.1281 reinforces the State Board’s duty to enforce the laws against discrimination in education by stating that the SBE shall “require each board, and intermediate school board, and the officers thereof to observe the laws relating to schools.”

Berry v. Sch. Dist. of City of Benton Harbor, 564 F. Supp. 617 (W.D. Mich. 1983). · cites it 2× “) Mich. Comp.Laws Ann. § 380.1281 (1977) reinforces the State Board’s duty to enforce the laws against discrimination in education by stating that ‘SBE shall require each board, and intermediate school board, and the officers thereof to observe the laws relating to the school.”

Gary B. v. Gretchen Whitmer (6th Cir. 2020). “, Mich. Comp. Laws §§ 380.1281 , 388.1007, 388.”

— Mich. Comp. Laws § 380.1281(1)(b) — 1 case

Durant v. State Bd. of Educ., 381 N.W.2d 662 (Mich. 1986). “[MCL 380.1281(1)(b); MSA 15.41281(1)(b).] Sec.”

— Mich. Comp. Laws § 380.1281(l)(b) — 1 case

Durant v. State Bd. of Educ., 381 N.W.2d 662 (Mich. 1986). “[MCL 380.1281(1)(b); MSA 15.41281(1)(b).] Sec.”

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