Michigan Compiled Laws

Mich. Comp. Laws § 380.1289 (2026)

Participation of female pupils in interscholastic athletic activities.

✓ current as of July 2026
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THE REVISED SCHOOL CODE


Act 451 of 1976


380.1289 Participation of female pupils in interscholastic athletic activities.

Sec. 1289.

    Female pupils shall be permitted to compete for a position in all interscholastic athletic activities. If a school has a girls' team in an interscholastic athletic activity, a female shall be permitted to compete for a position on any other team for that activity. This subsection shall not be construed to prevent or interfere with the selection of competing teams solely on the basis of athletic ability.

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
Notes of Decisions
Cited in 11 cases, 1986–2004 · leading case: Breighner v. Mich. High Sch. Athletic Ass'n, Inc., 683 N.W.2d 639 (Mich. 2004).
Breighner v. Mich. High Sch. Athletic Ass'n, Inc., 683 N.W.2d 639 (Mich. 2004). · cites it 4× “379 (repealed by 1976 PA 451 , § 1851); MCL 380.1289 (before its amendment by 1995 PA 289 , § 1); MCL 380.”
Communities for Equity v. Michigan High Sch. Athletic Ass'n, 178 F. Supp. 2d 805 (W.D. Mich. 2001). · cites it 2× “2, § 379 (repealed 1976); Mich. Comp. Laws § 380.1289 (1976) (amended 1995).”
Hoot Ex Rel. Hoot v. Milan Area Schs., 853 F. Supp. 243 (E.D. Mich. 1994). · cites it 3× “Thus, MHSAA is intertwined with state instrumen-talities whose participation is significant, al *251 beit not exclusive.”
Sandison v. Michigan High Sch. Athletic Ass'n, 863 F. Supp. 483 (E.D. Mich. 1994). · cites it 2× “§ 380.1289. The statute specifically asserts that MHSAA “is the official association of the state.”
Breighner v. Michigan High Sch. Athletic Ass'n, 662 N.W.2d 413 (Mich. Ct. App. 2003). “379 (repealed); MCL 380.1289 (amended). In 1995, the Legislature removed the mhsaa as the “official” organization overseeing interscholastic sports.”
Kirby v. Michign Hs Athletic Ass'n, 585 N.W.2d 290 (Mich. 1998). “§ 380.1289(2); M.S.A. § 15.41289(2), as it read before the enactment of 1995 P.”
Eichhorn v. Lamphere Sch. Dist., 421 N.W.2d 230 (Mich. Ct. App. 1988). “” In addition, MCL 380.1289(1); MSA 15.41289(1) permits the board of a school district to join an organization, association, or league which has as its object the promotion and regulation of sport and athletic, oratorical, musical, dramatic, creative arts, or other contests by…”
Berschback v. Grosse Pointe Pub. Sch. Dist., 397 N.W.2d 234 (Mich. Ct. App. 1986). “The mhsaa is an athletic association as described in MCL 380.1289(2); MSA 15.41289(2): An association established for the purpose of organizing and conducting athletic events, contests, or tournaments among schools shall be the official association of the state.”
Jones v. Williams, 431 N.W.2d 419 (Mich. Ct. App. 1988). “, MCL 380.1289; MSA 15.41289. Even under the "common good of all” test of governmental function at common law, it is clear that high school sports as part of the secondary education process is a governmental function.”
Kirby v. Michigan High Sch. Athletic Ass'n, 459 Mich. 23 (Mich. 1998). “See MCL 380.1289(2); MSA 15.41289(2), as it read before the enactment of 1995 PA 289 .”
Cardinal Mooney High Sch. v. Michigan High Sch. Athletic Ass'n, 445 N.W.2d 483 (Mich. Ct. App. 1989). “Defendant mhsaa is an athletic association as described in MCL 380.1289(2); MSA 15.41289(2): An association established for the purpose of organizing and conducting athletic events, contests, or tournaments among schools shall be the official association of the state.”
— Mich. Comp. Laws § 380.1289(1) — 3 cases
Breighner v. Mich. High Sch. Athletic Ass'n, Inc., 683 N.W.2d 639 (Mich. 2004). “379 (repealed by 1976 PA 451 , § 1851); MCL 380.1289 (before its amendment by 1995 PA 289 , § 1); MCL 380.”
Eichhorn v. Lamphere Sch. Dist., 421 N.W.2d 230 (Mich. Ct. App. 1988). “” In addition, MCL 380.1289(1); MSA 15.41289(1) permits the board of a school district to join an organization, association, or league which has as its object the promotion and regulation of sport and athletic, oratorical, musical, dramatic, creative arts, or other contests by…”
Hoot Ex Rel. Hoot v. Milan Area Schs., 853 F. Supp. 243 (E.D. Mich. 1994). “Thus, MHSAA is intertwined with state instrumen-talities whose participation is significant, al *251 beit not exclusive.”
— Mich. Comp. Laws § 380.1289(2) — 6 cases
Kirby v. Michign Hs Athletic Ass'n, 585 N.W.2d 290 (Mich. 1998). “§ 380.1289(2); M.S.A. § 15.41289(2), as it read before the enactment of 1995 P.”
Hoot Ex Rel. Hoot v. Milan Area Schs., 853 F. Supp. 243 (E.D. Mich. 1994). “Thus, MHSAA is intertwined with state instrumen-talities whose participation is significant, al *251 beit not exclusive.”
Sandison v. Michigan High Sch. Athletic Ass'n, 863 F. Supp. 483 (E.D. Mich. 1994). “§ 380.1289. The statute specifically asserts that MHSAA “is the official association of the state.”
Berschback v. Grosse Pointe Pub. Sch. Dist., 397 N.W.2d 234 (Mich. Ct. App. 1986). “The mhsaa is an athletic association as described in MCL 380.1289(2); MSA 15.41289(2): An association established for the purpose of organizing and conducting athletic events, contests, or tournaments among schools shall be the official association of the state.”
Kirby v. Michigan High Sch. Athletic Ass'n, 459 Mich. 23 (Mich. 1998). “See MCL 380.1289(2); MSA 15.41289(2), as it read before the enactment of 1995 PA 289 .”
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