Legal / Legislative Updates

MICHIGAN

Zeeland: "Register" or face charges

Not long into the 2005-2006 school year, a family in Zeeland removed their second daughter from public school to homeschool her, intending to take their oldest child out of school later. But shortly thereafter, they received a confusing letter from the public school that stated the family was not in compliance with the law.

In Michigan, homeschoolers have two options under the law:

• They can operate as a homeschool program in which the only requirements are that certain subjects be taught. No registration is required.
• They can operate as a non-public school. Under the non-public school option, the family must have a certified teacher (or claim a religious exemption), submit a statement of enrollment, and maintain records.

The letter from the school assumed the family was homeschooling as a non-public school and indicated that if the family failed to become state approved, they would have to return their child to public school immediately. To top it all, the school said that it was "important to declare your home schooling status to your public school district . . . to avoid the possibility of your child being considered truant from school."

Home School Legal Defense Association Senior Counsel Christopher Klicka wrote to the school district and explained the rights of homeschoolers in Michigan: homeschoolers do not need to register with the school district, they do not need to become state approved, and the burden to prove that families are not homeschooling is upon school districts, not homeschoolers.

Since this matter was dealt with, the family has been able to start homeschooling their oldest daughter with confidence.

Social worker harasses family

An HSLDA member family in Crystal was contacted multiple times by the social worker at the local public school—including three times in a single morning—because the school wanted the family to sign a homeschool form not even required by Michigan law.^* The family finally stopped answering the phone and became afraid to answer their door, thinking that a social worker might be on the other side.

In a letter to the school district, HSLDA Senior Counsel Christopher Klicka explained that the family was homeschooling within the law and that they were not required to submit information regarding their homeschool, nor were they required to sign the school's homeschool form.

With the situation resolved, the family has been free from dealings with the public school and is answering the phone without fear.

— by Christopher Klicka