S.B. 285 (the Mandatory Kindergarten bill) passed the Senate on April 16, 2024
- News & Blog S.B. 285 (the Mandatory Kindergarten bill) passed the Senate on April 16, 2024
S.B. 285 (the Mandatory Kindergarten bill) passed the Senate on April 16, 2024.
S.B. 285 has passed the Michigan Senate, but it will need to pass the Michigan House before it can be sent to the Governor to become law.
Here is who voted for it:
Yeas—21: Anthony, Cherry, Klinefelt, Polehanki, Bayer, Geiss. McCann, Santana, Brinks, Hertel, McDonald, Rivet, Shink, Camilleri, Irwin McMorrow, Singh, Cavanagh, Johnson, Moss, Wojno, Chang
Nays—15: Albert, Hauck, Lindsey, Theis, Bellino, Hoitenga, Nesbitt, Victory, Daley, Huizenga, Outman, Webber, Damoose, Lauwers, Runestad
Excused—2: Bumstead, McBroom
****View the bill here.
We have received many questions asking for clarity on what the bill means for homeschoolers.
If it is signed into law, it would lower the state’s compulsory attendance law from age six to age five. It would require homeschoolers to begin teaching nine academic subjects in an “organized education program” at the age of five (instead of six as previously mandated).
Those academic subjects include:
- reading, spelling, literature, writing & English grammar
- mathematics
- science
- history
- civics
- Find more information HERE.
This is estimated to cost Michigan taxpayers an additional $43.3 million dollars annually. These taxes go towards public school students whose parents don’t feel private schools or homeschooling are an option. Homeschoolers will have to help pay for this expense even if they don’t use the public school system.
There is an opt-out, but it requires parents intending to use the public school system to notify the public school in writing.
This is the language many are confused about regarding the legal notification wording contained in S.B. 285:
"(2) the parent or legal guardian of that child may delay enrolling the child in kindergarten for only that school year in a public school operated by the school district or, for a community district or a school district that does not directly operate schools on its own, in another public school located within the geographical boundaries of the school district if the parent or legal guardian notifies the public school in writing that the parent or legal guardian intends to delay enrolling the child in kindergarten for only that school year."
The question is, "Does this mean (if this bill becomes law) that every parent in Michigan (including parents who intend to use private school or homeschooling) needs to contact their local public school in writing to tell them their child will not be participating in the public school at the age of five?"
To answer that question for homeschoolers, we received an email from the Michigan Department of Education (MDE) giving their view on the wording regarding the notification requirement for homeschoolers in S.B. 285.
Q. MDE does not currently require reporting by homeschool parents pursuant to section 1561(3)(f), right? In any case, will MDE require reporting by homeschool parents as to whether they are homeschooling their kindergartener if SB 285 (S-2) is enacted?
A (from MDE): Correct. MDE will require reporting as we currently do…which is that we don’t.
Q. Now…just to be perfectly clear, what is MDE’s response as to whether MDE will require homeschool parents to report that they are homeschooling their child based on the S-3 version of SB 285?
A. (from MDE): There are NO reporting requirements for any (homeschooled) child. Enjoy your sunny weekend!
The options under S.B. 285 seem to be:
1. Comply with the exemptions (a) or (e) and educate your child at home for kindergarten pursuant to one of those exemptions (no registration or opt-out requirement)
OR
2. Send your child to public school for kindergarten or file an opt-out for kindergarten with the public school (registration).
While MiCHN cannot provide legal advice (HSLDA can), based on advice we’ve received from our trusted team of legal advisors; we're going to take this statement from the MDE at face value and proceed with the assumption that S.B. 285 does NOT require any notification to the state if you intend to homeschool your child at age five. Again, the bill still needs to pass the House and be signed by the governor into law before it is binding. We are still opposed to the entire bill, and would love to see it die altogether, but if that doesn't happen, we believe we have the best scenario possible given the circumstances.
With all that is being considered by the legislature in Michigan regarding our education laws, we highly recommend that all homeschooling families in Michigan become paid members of Home School Legal Defense Association (HSLDA.org). For a mere $135 a year, they will provide legal counsel and representation. If you retain your own lawyer, you will pay more than that for the first hour of legal representation! HSLDA consists of the best team of constitutional attorneys in the country who specialize in homeschooling law. If any questions arise regarding your legal homeschooling status, they will take care of it. It is a wonderful peace of mind for all homeschooling families.
Regarding S.B. 285, first, we want to thank God, and second, we want to thank you! Your collective voices WERE HEARD! Legislators in response to your many phone calls, visits, and emails, created an opt-out in this bill for all parents who do not wish to send their child to public school at age five, and now we have written confirmation that homeschoolers who intend to teach their children at home are exempt from notification as well! Your voice matters and it IS being heard! We are so thankful for all of you standing with MiCHN as we stand with you!
If you'd like to contribute financially to our ongoing efforts, this would be a great time, and you may do so here: https://www.michn.org/donate
God bless,
Israel Wayne
Vice President
Michigan Christian Homeschool Network (MiCHN)
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