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Question:
What are the requirements for a child to
attend school? How many hours must a school day consist of?
Answer:
Michigan, as do all the other states, has a law that requires students
of a certain age range to attend school. These laws are generally
referred to as Compulsory Education Laws. In Michigan this law is
found at MCL 380.1561, which states:
(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 school year is divided into quarters, a child is not
required to attend the public school more than 3 quarters in 1
calendar year, but a child shall not be absent for 2 or more
consecutive quarters.
(2) A child becoming 6 years of age before December 1 shall be
enrolled on the first school day of the school year in which the
child's sixth birthday occurs. A child becoming 6 years of age on or
after December 1 shall be enrolled on the first school day of the
school year following the school year in which the child's sixth
birthday occurs. Note: This statute goes on to provide for a number of
exceptions for students who are home schooled, live to far away from a
school, etc., and a companion statute provides that children who are 5
by December 1st may also attend school, but it is not mandatory.
In terms of instruction, the current Michigan School Aid Act specifies
a minimum of 1098 hours of instruction, but I believe that this year
the local districts can control the number of “school days” (was a 180
day minimum).
Therefore, all students who are required to attend school must be
provided the requisite hours of instructions, unless the student is a
special education student and the student’s IEP provides for a reduced
school day. If a parent is of the opinion that their local school is
not providing the required instruction, they should contact the
Michigan Department of Education in Lansing.
Hope this helps your understanding.
John Brower, JD
Education Law Center, PLLC
www.michedlawcenter.com
Education Law Center, PLLC · 810-227-9850
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www.michedlawcenter.com
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