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.
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Homeschool Attorneys in Michigan
These attorneys have indicated that they are willing to provide legal information, consult with or represent homeschoolers on homeschooling or other legal issues they may have in their states. Most of these attorneys homeschool or have homeschooled their own children.
Legal/Political Information for Homeschoolers in Michigan
A short guide to the legislative contacts in Michigan and at the federal level.
Information Network for Christian Homes (INCH)
Information Network for Christian Homes (INCH) serves families interested or involved in home education by providing the information, resources and encouragement needed to teach their children at home in the state of Michigan, and to work to ensure the continued freedom to do so.
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...
Michigan Home School Laws from HSLDA
The Home School Legal Defense Association provides a brief summary of the homeschooling laws in Michigan. Includes a link to a legal analysis of laws relating to homeschooling in Michigan.
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.
Court Upholds Enrollment Requirement for Athletic Eligibility
The Michigan Court of Appeals has rejected a claim that home schooled students have a right to participate in extracurricular interscholastic athletic programs in the school districts where they reside. This decision by the Court of Appeals, Reid, et al. v Kenowa Hills Public Schools, et al., affirms that the Michigan High School Athletic Association (MHSAA) and school districts can require students to be enrolled in and passing at least twenty credit hours (per week) in order to be eligible to ...
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...
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.
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.
380.1561 Compulsory attendance at public school; enrollment dates; exceptions.
(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. In a school district that maintains school during the entire calendar year and in which the sch...
Michigan Department of Education
At this website, you will find information and contact information for the Michigan Department of Education.
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.
Instructions for Completing Form SM-4325
The Nonpublic School Membership Report, form SM-4325, is sent annually to all nonpublic schools, including home schools. This form is the Department of Education’s method of gathering information about the schools.
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.
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