Mich. Comp. Laws » Michigan Compiled Laws / Chapter 380 / Act 451 of 1976
Michigan Compiled Laws

Mich. Comp. Laws § 380.401 (2026)

Provisions governing school districts of first class; name of school district; jurisdiction of board; board as body corporate; suits.

✓ current as of July 2026
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THE REVISED SCHOOL CODE


Act 451 of 1976


380.401 Provisions governing school districts of first class; name of school district; jurisdiction of board; board as body corporate; suits.

Sec. 401.

    (1) A school district organized as a school district of the first class shall be governed by this part, by the provisions of article 2 which are not inconsistent with this part, and by articles 3 and 4.

    (2) A school district governed by this part shall be known as the "school district of the city of __________," and shall be under the jurisdiction of the first class school district board.

    (3) The first class school district board shall be a body corporate under the name and title of "the board of education of the school district of the city of __________" and under that name may sue and be sued.

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

PopularName Notes:

Act 451
Notes of Decisions
Cited in 5 cases, 1987–2017 · leading case: Garrett v. Bd. of Educ. of Sch. D. of Detroit, 775 F. Supp. 1004 (E.D. Mich. 1991).
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Garrett v. Bd. of Educ. of Sch. D. of Detroit, 775 F. Supp. 1004 (E.D. Mich. 1991). · cites it 2× “2 Defendant Board of Education for the School District of the City of Detroit controls, manages and administers the public schools for the city pursuant to Mich.Comp.Laws Ann. § 380.401 et seq. (West 1988).”
Carlson v. North Dearborn Heights Bd. of Educ., 403 N.W.2d 598 (Mich. Ct. App. 1987). · cites it 2× “) MCL 380.401(3); MSA 15.4401(3) specifically provides that a first-class school district board may be sued.”
Moore v. Sch. Reform Bd. of City of Detroit, 147 F. Supp. 2d 679 (E.D. Mich. 2000). · cites it 2× “Mich. Comp.Laws Ann. § 380.401 et seq. Thus, the Michigan Legislature had the authority to modify or abolish the old school board.”
Barbara Jean Bassett v. State Court Adm'r (Mich. Ct. App. 2017). “, those are the entities that would be the proper real parties in interest.”
Barbara Jean Bassett v. State Court Adm'r (Mich. Ct. App. 2017). “, those are the entities that would be the proper real parties in interest.”
— Mich. Comp. Laws § 380.401(3) — 3 cases
Carlson v. North Dearborn Heights Bd. of Educ., 403 N.W.2d 598 (Mich. Ct. App. 1987). “) MCL 380.401(3); MSA 15.4401(3) specifically provides that a first-class school district board may be sued.”
Barbara Jean Bassett v. State Court Adm'r (Mich. Ct. App. 2017). “, those are the entities that would be the proper real parties in interest.”
Barbara Jean Bassett v. State Court Adm'r (Mich. Ct. App. 2017). “, those are the entities that would be the proper real parties in interest.”
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