Michigan Compiled Laws

Mich. Comp. Laws § 380.1401 (2026)

Admission of nonresident pupils; determination of tuition rates; collection of tuition; limitations on tuition.

✓ current as of July 2026

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THE REVISED SCHOOL CODE

Act 451 of 1976

380.1401 Admission of nonresident pupils; determination of tuition rates; collection of tuition; limitations on tuition.

Sec. 1401.

(1) The board of a school district may admit nonresident pupils to the schools of the district. The board shall determine the rates of tuition of the nonresident pupils and shall collect the tuition.

(2) Tuition for grades K to 6 shall not exceed 25% more than the operation cost per capita for the number of pupils in membership in grades K to 12.

(3) Tuition for grades 7 to 12 shall not exceed 12-1/2% more than 115% of the operation cost per capita for the number of pupils in membership in grades K to 12.

(4) In a school district not maintaining grades above the eighth grade, the tuition shall not exceed 25% more than the operation cost per capita for the number of pupils in membership in grades K to 8.

(5) The operation costs and membership figures of the preceding fiscal year shall be used. The per capita cost used shall not include moneys expended for school sites, school building construction, equipment, payment of bonds, or other purposes not properly included in operation costs as determined by the state board.

History: 1976, Act 451, Imd. Eff. Jan. 13, 1977

PopularName Notes:

Act 451

Notes of Decisions

Cited in 2 cases, 1978–1995 · leading case: Feaster v. Portage Pub. Schs., 534 N.W.2d 242 (Mich. Ct. App. 1995).

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Feaster v. Portage Pub. Schs., 534 N.W.2d 242 (Mich. Ct. App. 1995). · cites it 2× “According to defendant's proofs below, it does not possess the resources to independently determine whether a potential student meets the statutory residency requirements.”

Berry v. Sch. Dist. of City of Benton Harbor, 467 F. Supp. 630 (W.D. Mich. 1978). “§ 380.1401 under the 1976 School Code), the board of any school district may admit to the district nonresident pupils and collect tuition therefrom.”

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