Attorney Finds Source of Bad Info that Thwarted Homeschooling Family

An incorrect interpretation of state law by officials nearly blocked a homeschooling family from exercising their legal right to enroll their student in select classes at the local public middle school.

It took a deep dive into how Michigan education law is interpreted before HSLDA’s legal team was able to determine what went wrong—and come up with a solution.

Turned away

The investigation arose after Roxanne Vyne (named changed for privacy) tried to sign her daughter up for public school courses about literary genres and science in film, but was denied enrollment.

Michigan law declares that homeschooled students have the right to take public school courses that are considered nonessential. However, local school officials told Roxanne that the courses in question did not qualify.

At the request of the Vyne family, Scott Woodruff, HSLDA senior counsel, investigated the matter.

“This case combined aspects of legal detective work plus advocacy on behalf of the family,” Woodruff recalled. “I not only had to ferret out the source of the bad information local officials were relying on; I then had to persuade them to follow what the law really says.”

Tangled web

At the root of the problem, said Woodruff, is that the definition of “nonessential class” has changed over the years. The current official definition is connected to both statute and court decisions, is very detailed, and is different for grades 1–8 and grades 9–12. (For further information, read HSLDA’s online summary or contact our legal team.)

In the case of the Vynes’ daughter, officials rejected her request to sign up for particular courses based on judicial precedent and guidance from the Michigan Department of Education. Woodruff subsequently discovered that both sources were flawed.

The court case the school district cited, Snyder v. Charlotte, dealt with the pertinent statute as it read before being amended by state lawmakers in 2017. As for the Department of Education guidance, officials quoted from one of two manuals the state uses when dealing with homeschooled students—the one that contained obsolete information.

For the manual titled “Nonpublic and Home School Information,” Woodruff said, “the department never updated its website to include the amended statute.”

Woodruff instead pointed school officials to the “Pupil Accounting Manual,” which contains an accurate, up-to-date outline of the courses that homeschooled students are permitted to take.

Positive resolution

Woodruff shared his findings with officials in the school district where the Vynes live. The response he first received was a convoluted rejection of his explanation of the law.

“The first set of officials I urged to change their minds refused to do so and told me their denial was based on what a second official had said,” he recalled. “It was finally the second official who changed her mind and made this all work.”

Soon after this positive response from the district, Roxanne reached out to HSLDA to confirm that her daughter was enrolled in and enjoying her classes. Some of Roxanne’s other children are also considering taking select public school courses.

“Thank you, again, for all of your work on our situation,” she wrote. “It meant a lot to our family to have your support.”

Woodruff noted that although he is pleased to have helped the Vynes, there is more work to do to ensure the Michigan educational system follows the law.