Boulet v. Brunswick Corp.

V. J. Brennan, J.

The facts are set forth in the dissenting opinion. The sole issue for our consideration is whether the trial court erred in granting defendants Lawrence Kaye and Mel Anderson’s motion for summary judgment on the basis that they were immune from suit because of governmental immunity. MCL 691.1407; MSA 3.996(107).

We find no error on the part of the trial court. A public school in the operation of its athletic program, including the administration and supervision of a football program, is entitled to governmental immunity. Churilla v East Detroit School Dist, 105 Mich App 32; 306 NW2d 381 (1981). Further, teachers and supervisors of the programs are entitled to governmental immunity when they have performed their duties within the scope of their employment. Regulski v Murphy, 119 Mich App 418; 326 NW2d 528 (1982). A physical educa-

*244tion program, as part of the general curriculum or as an extracurricular activity, is in furtherance of and an integral part of the total public education provided to students. While we recognize that there are football programs that exist through private organizations, we find that this fact alone does not preclude a finding that a public school or its teachers are entitled to governmental immunity in cases such as the present one where a football program is offered by a school that is otherwise entitled to governmental immunity where other programs are involved. In Parker v Highland Park, 404 Mich 183, 200; 273 NW2d 413 (1978), Justice Moody noted that, "it would be incongrous to find that the operational activities of some public agencies are other than governmental. Likewise, conceivably there could be essential governmental activity which would have some common analogy in the private sector.” We find that even though a football program could be administered and provided for by the private sector, when these programs are provided as part of a public school education, the school, teachers, and supervisors are entitled to governmental immunity. Grames v King, 123 Mich App 573; 332 NW2d 615 (1983).

Affirmed.

Wahls, J., concurred.