New Haven, MI asked in Education Law for Michigan

Q: Act 230 of 1923; can this apply to a high school marching band?

MCL - Act 230 of 1923 states that villages or townships with a population not exceeding 50,000 residents can levy a tax for the maintenance and employment of a band for musical purposes for benefit of the public as voted upon the residents by a majority vote in an election. Does a local high school marching band meet these requirements and if so, how and what actions need to take place? The local marching band would like to increase its funding and resources via this method.

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: No. Good thought though! The reason being is that the high school marching band would not be for the benefit of the "public" as the law defines "public"; the only people who could participate in it are high school students, and it would be the school - not the village or township - dictating when and where they it would perform.

Secondly, school districts are separate government entities with their own governing board. The long and short of it is that individual districts are controlled and report to county-level ISDs, which then report directly to the state. A village, township, or even city governing body has no control over school districts.

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