The Republican Governor and legislature recently finished a year-long process of overhauling the Michigan school code. This represents the most dramatic revision of the code since 1976. The code used to contain 620 sections and was 172 pages long. P.A. 289 repealed 205 sections, added 25 new ones, and modified 65 other sections. The two sections of interest to home schoolers (section 10 and section 1561) are below. Section 10 (the parent's bill of rights statement) is one of the new sections.

Sec. 10. It is the natural, fundamental right of parents and legal guardians to determine and direct the care, teaching, and education of their children. The public schools of this state serve the needs of the pupils by cooperating with the pupil's parents and legal guardians to develop the pupil's intellectual capabilities and vocational skills in a safe and positive environment.

Section 1561 deals with compulsory attendance and the allowable exceptions to attending Michigan public schools. Previous Michigan Supreme Court cases considered home schools to be nonpublic schools, which come under exemption 3(a). Exemptions (b), (c), (d), and (e) do not relate to home schools. Exemption (f) is the new home schooling exemption. In an effort to revise 3(f), (4) was added clarifying the choices that Michigan homeschool families have.

Sec. 1561. (1) Except as otherwise provided in this section, 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 sixteenth birthday shall send that child to a public school during the entire school year. The child's attendance shall be continuous and consecutive for the school year fixed by the school district in which the child is enrolled. . .

(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 nonpublic 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 nonpublic school is located.

Sections (b) through (e) do not apply to home educating families.

(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.

(4) For a child being educated at the child's home by his or her parent or legal guardian, exemption from the requirement to attend public school may exist under either subsection (3)(a), (3)(f), or both.

Now there are a couple of interpretations of this legal situation. Some (educational statists) are happy that we are now ‘Legal’. Others are afraid the new law will give our opponents a club to come after us, bringing legal hassles to us, which will probably require a family to be a sacrificial lamb to challenge this in court.

3(a) puts you under the jurisdiction of the state dept. of education. There are not enough resources here to come after us. They would have to have adm. hearings, which have never been held. and there are no guidelines written for them.

3(f) puts you under the jurisdiction of the local school district. There are more resources to come after us here, that is, truant officers, local officials snooping on your ‘organized education program’, etc.

Regardless of which you choose, there is no requirement to notify or seek approval of the state for your home school.

HSLDA , a nationwide legal defense association, recommends Mi. home schoolers should claim exemption from compulsory attendance under 3(f). We prefer to function under 3(a). Applications for HSLDA are available in the information packets.

You should remove your child at the end of the school year or during the long winter break. If you must remove your child in the middle of a school session, it is advisable to have your curriculum plan and resources already on hand, so you can begin as soon as your child is removed from the institutional setting.

If you choose to enroll in a correspondence school, your public school records can be transferred to the correspondence school. Public schools will not likely release your child's records to you, even though they are technically yours. If the school asks why Johnny is not in school, simply tell them you have chosen to home school.

If someone comes to the door, they do not have the right to enter your home with a warrant. Be polite but firm. You don’t need to argue the law on your doorstep. It’s just good business practice for authorities to make appointments to see you. You are the administrator of an exclusive academy. Tell them you are terribly busy educating your children, would they mind making an appointment, like you would anyone who comes to your door. You should probably seek legal counsel as soon as possible after the contact. HSLDA will not take your case if you have been contacted.
If authorities have any further questions, they should be submitted in writing to you and you can forward them to your legal representative, who should respond for you. It is best to have all communication with public officials in writing. It creates a paper trail.

Rutherford institute (address in information pack) or individual attorneys familiar with home school defense, such as Kerry Morgan. (Contact your local support group leader)