Legal/Homeschool Laws
Laws that regulate home education vary from state to state. It is important to understand the legal requirements in your state and to be aware of legislative and other legal issues that affect homeschoolers in your community. We've compiled resources that will help you become informed. Although homeschooling is legal in all 50 states, and the vast majority of homeschoolers face no problems, you may find that you need legal assistance at some point in your homeschooling career. We've compiled a list of resources to help you find the support you need. And if you'd like to become more involved in working towards homeschooling freedoms, we discuss some of the issues facing homeschoolers that we hope you find compelling.
State Laws
Read the laws regulating home education in Michigan and browse through the case law and legal opinions relating to those laws, along with government publications relating to homeschooling and summaries of the laws.
Forms
Which forms do you need to fill out? Where can you get them? Here is a list of useful forms for homeschooling in Michigan.
Legal Support
If you need legal information or have run into a legal situation regarding your decision to homeschool, these resources will be helpful.
Lobbying Groups
A listing of local and national lobbying groups and information on how you can become involved in the political process to ensure the freedom to homeschool is protected.
Attorneys
When searching for an attorney, it is helpful to know whether he or she has experience working with homeschoolers and is interested in protecting the right to homeschool.
Legal Issues
Is homeschooling legal? Which laws pertain to homeschoolers and which don't? How do homeschoolers protect their rights to freely educate their children and to preserve their privacy?
Government Resources
A listing of local and state government resources, including your state's Department of Education, school districts, and Senate and House of Representative information.
What's Popular
Home Education Options Under Michigan Law
A basic summary of the options available to home educating parents in Michigan. Discusses Michigan's compulsory school attendance law, home educating under execption (3)(a) as a non-public school, home educating under execption (3)(f) as a non-public school, the Michigan Department of Education's position on the exemptions, and the role of local and intermediate school districts.
Clonlara v. State Board of Education (1993)
In 1993, the Michigan Supreme Court in Clonlara, Inc v State Board of Education (442 Mich 252) ruled that the Nonpublic School Act did not require a nonpublic school to be in session for 180 days required for public schools.
Legal Issues in Michigan
A brief history of the legal situation regarding home schooling in Michigan.
Nonpublic School Membership Report
This is a Michigan Department of Education form.
Teacher Certification Requirements for the State of Michigan
This Department of Education document lists the basic requirements to become certified to teach in the state of Michigan.
Michigan Department of Education Information on Nonpublic and Home Schools
This document is published by the Department of Education and is designed to assist homeschooling parents with their questions regarding home education in the state of Michigan.
388.553 Private, denominational and parochial schools; teachers, qualifications, examinations.
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: Provided, however, That any person who shall have taught in any elementary school or schools of the standard specified in this act for a period of 10 years or more preceding the passage of this act, shall, upon fil...
388.551 Private, denominational, and parochial schools; etc.
The superintendent of public instruction has supervision of all the private, denominational, and parochial schools of this state in such matters and manner as provided in this act. The superintendent of public instruction shall employ assistants and employees as may be necessary to comply with the provisions of this act. The number of assistants and employees is subject to the approval of the state administrative board. The salaries and expenses shall be paid by the state treasurer from the fund...
Snyder v. Charlotte Schools (1984)
Snyder v Charlotte Public School District held that private school students have a statutory right to enroll in “non-core” classes at public schools.
Legal/Political Information for Homeschoolers in Michigan
A short guide to the legislative contacts in Michigan and at the federal level.
388.555 School investigation and examination; failure to permit, cause for suspension.
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 as to the matters hereinbefore set forth and it shall be the duty of such school to admit such superintendent, his assistants or authorized agents and to submit for examination its sanitary condition, the records of enrollment of pupils, its courses of studies as set forth in secti...
People v. DeJonge (1993)
The DeJonge case approached the quest for the right to homeschool from a religious convictions standpoint. The ruling essentially granted a state-wide religious exemption from teacher certification to all parents who are opposed to teacher certification on religious grounds.
Michigan Department of Education
At this website, you will find information and contact information for the Michigan Department of Education.
Sheridan Road Baptist Church v. Department of Education (1984)
The Nonpublic School Membership Report (Form SM4325) is an annual report used by the Department. Information requested on the form includes the number of students in each grade, teacher qualifications, and the course of study offered. Use of the form is authorized by section 5 of the Nonpublic School Act, and was approved by the Michigan Supreme Court in Sheridan Road Baptist Church v Department of Education.
Reid v. Kenowa Hills Public Schools (2004)
On March 2, 2004, the Court of Appeals of Michigan affirmed a trial court grant of summary judgment for a school district finding that Michigan statutes do not require public schools to allow home schooled children to participate in extracurricular athletics.
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Featured Resources
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