Michigan
Education Code For Homeschooling
This is not intended to be legal advice and is distributed
for information purposes only. Check for updates at your public
library and on the Michigan State Department of Education's page
for: Information
on Home Schools.
Compulsory attendance - between 6 and 16 years of age.
Application - You do NOT have to request a Non-Public
School Membership Reporting Form
Parental Qualifications - (3)(a) Be a teacher or homeschool
with one or claim religious exemption, or (3)(f) No requirements
Testing - None
Curriculum - The state does not regulate the content
of the basic courses.
Reporting - None required
Michigan's Compulsory School Attendance Law
This law states that "every parent, guardian, or other
person in this state having control and charge of a child from
the age of 6 to the child's 16th birthday, shall send that child
to the public schools during the entire school year" (MCL
380.1561, Section 1561[1]). Thankfully, Michigan's Compulsory
School Attendance law also contains exemptions so that all children
between the ages of 6 and 16 do NOT have to attend a public school.
MCL 380.1561, Section 1561(3): "A child is not
required to attend a public school in any of the following cases:
(a) The child is attending regularly and is being taught in
a state approved non-public school, which teaches subjects comparable
to those taught in the public schools to children of corresponding
age and grade, as determined by the course of study for the public
schools of the district within which the non-public school is
located.
...(b), (c) and (d) are exemptions for students living extremely
far from transportation to public school, and for those in attendance
in confirmation or religious classes...
(e) The child has graduated from high school or has fulfilled
all requirements for high school graduation.
(f) The child is being educated at the child's home by his
or her parent or legal guardian in an organized educational program
in the subject areas of Reading, Spelling, Mathematics, Science,
History, Civics, Literature, Writing and English Grammar."
MCL 380.1561, Section 1561(4): "Exemption from
the requirement to attend the public school may exist under either
subsection (3)(a) or (3)(f), or both, for a child being educated
at the child's home by his or her parent or legal guardian."
Home Educating Under Exemption (3)(a) as a Non-Public School
If a family chooses to home school under exemption (3)(a)
as a non-public school, they will be under the authority of the
MDE. The MDE has authority over all non-public schools and home
educators operating under exemption (3)(a) because the Non-Public
School Act of 1921 gives them that authority. All non-public
schools must comply with the requirements of the Act which includes
the following:
388.551 Section 1. The superintendent of public instruction
is hereby given supervision of all the private, denominational
and parochial schools of this state in such matters and manner
as is hereinafter provided... It is the intent of this act that
the sanitary conditions of such schools, the courses of study
therein, and the qualifications of the teachers thereof shall
be of the same standard as provided by the general school laws
of the state.
388.553 Section 3. No person shall teach or give instruction
in any of the regular or elementary grade studies in any private,
denominational or parochial school within this state who does
not hold a certificate such as would qualify him or her to teach
in like grades of the public schools of the state.
388.555 Section 5. The superintendent of public instruction
by himself, his assistants, or any duly authorized agent, shall
have authority at any time to investigate and examine into the
conditions of any school operating under this act... and it shall
be the duty of such school to admit such superintendent... or
authorized agent, and to submit for examination its sanitary
condition, the records of enrollment of pupils, its courses of
studies... and the qualifications of its teachers.
What Must a Non-Public School Home School Do to Exist?
To begin a non-public school home school you simply begin
home schooling. You do NOT have to ask permission, get a license
or even a permit to get started.
You do NOT have to request a Non-Public School Membership
Reporting Form (form SM4325).
You must be or use a certified teacher (or claim a religious
exemption to this requirement).
You must teach curriculum comparable to that taught in your
local school district according to your child's age and grade.
You must provide information regarding "enrollment of
pupils, courses of studies and the qualifications of teachers"
if, and only if, the Superintendent of Public Instruction or
one of his/her "authorized agents" requests this information
from you. You may report this information on the SM4325 form,
or you may simply submit to the MDE a letter providing the information
required by law.
You must submit to investigations and/or examinations by the
superintendent or his agent "at any time" at your "non-public
school" (your home), unless you are willing to refuse this
kind of intrusion into your home and are willing to have the
operation of your school suspended, and/or be taken to court
over the matter. Although no school official has attempted this
type of harassment, anyone choosing this exemption should know
that the possibility exists for this to happen.
Home Educating Under Exemption (3)(f) as a Home Education
Program
Families choosing to home school under exemption (3)(f) are
not required to do any type of reporting to any school official.
If you are sent a SM4325 form, you do not have to return it or
make any type of response. The MDE has stated that, "If
the home school family has not registered, the Department will
consider the home school family to be operating under the exemption
(f) solely." There is also no law requiring that any information
be provided to the local or intermediate school district. Therefore,
a home school existing under (3)(f) has no responsibility to
provide any information to local school officials.
To begin a home education program you simply begin home schooling.
You do NOT have to ask permission, get a license or even a permit.
You do NOT have to request a Non-Public School Membership Reporting
Form (form SM4325). You must provide your children instruction
in the subject areas of Reading, Spelling, Mathematics, Science,
History, Civics, Literature, Writing and English Grammar."
The Michigan Department of Education's Position on the
Exemptions
The following statements have been taken from a Question &
Answer document which the MDE provided to all of the Local and
Intermediate School District Superintendents. It details how
they have interpreted their role concerning the exemptions available
to home educators.
"A home school family choosing to operate under exemption
(a) solely, and complying with the requirements of the Non-Public
School Act is considered a non-public school."
"A home school family choosing to operate under both
exemptions (a) and (f) must comply with the requirements of both
(a) and (f)."
"A home school family choosing to operate under exemption
(f) solely, is NOT a non-public school and NEED NOT comply with
the requirements of the Non-Public School Act."
"The MDE plays no role with this (the family choosing
exemption (f) solely) home schooling family."
"There are no minimum qualifications for the teachers
(in an exemption (f) solely home school) except that they must
be the parents or legal guardians of the children."
"The (exemption (f) solely) home school family does not
report to the MDE."
"Question: How does a home school family operating under
exemption (f) provide an organized educational program in the
subject areas of reading, spelling, mathematics, science, history,
civics, literature, writing and English Grammar?
Answer: The state does not regulate the content of the basic
courses."
Other Resources
Home
Education Options Under Michigan Law
From the Copper Country Home Educators.
Return
to Michigan homeschooling legal information.
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