Welling v. Livonia Board of Education

Per Curiam.

Plaintiffs sought mándamus or a mandatory injunction to require defendant school boards to provide a full day of instruction for all students in the Livonia and Waterford School Districts. The trial courts granted mandatory injunctions. The matters are here on our grant of by-pass of the Court of Appeals.

Mandamus or a mandatory injunction lies only to enforce the performance of a clear legal duty. .

“The legislature shall maintain and support a system of free public elementary and secondary schools as defined by law.” (Const 1963, art 8,- § 2).

The legislature has set up a system of free public elementary and secondary schools by enacting the provisions of the school code.

*624’ ■ “Leadership and general supervision over all public education # * * is vested in a state board of education.” (Const 1963, art 8, § 3).

It is the responsibility of the State board of education to supervise the system of free public schools set up by the legislature and, as a part of that responsibility, to promulgate regulations specifying the number of hours necessary to constitute a school day for elementary school students as well as for other classifications or groupings of students, to determine the curricula and, in general, to exercise leadership and supervision over the public school system.

In the absence of rules or regulations by the State board of education, we do not find that the provisions for one-half day sessions because of lack of funds to operate on a full-day schedule or for the teaching of certain subjects on a compressed schedule constitute an abuse of discretion by the local school board.

Since no clear legal duty has been imposed upon the local school boards by the constitutionally responsible State board of education, no relief should have been granted to the plaintiffs in these cases.

Reversed. No costs, a public question being involved.

T. E. Brennan, C. J., and Dethmers, Nelly, Black, T. M. Kavanagh, Adams, and T. Gr. .Kavanagh, JJ., concurred.