Cox’s decision was in response to State Representative Jim Howell’s question whether SB 393, which provided for urban high school academies, commonly referred to as public charter schools, had become law pursuant to the State’s 1963 Constitution.

            “This issue could not be clearer,” stated Cox.  “The constitution is clear.  Rulings from the Michigan Supreme Court, as well as numerous other courts, are clear.  And, the three opinions and one informational letter from the Office of Attorney General over the last 26 years are all clear.  Senate Bill 393 is law.”

SB 393 permits the governing board of a State public university to act as an authorizing body to issue a contract for the organization and operation of an urban high school academy in the Detroit school district.  A maximum number of 15 urban high school academy contracts could be issued for initial terms of 10 years. 

In making his decision, Cox repeatedly cited opinions on the exact same subject issued by former Attorney General Frank Kelley between 1977 and 1993.  In each case, the Office of Attorney General stated that in order to prevent a bill from becoming law either the Governor must “return it within such 14-day period with his objections” or “both houses” of the Legislature must recall the bill.