A “Sign” of the Times: Public Act 213’s Posting Requirements

Governor Whitmer recently signed into law Public Act 213, which adds Section 10a to the Revised School Code (RSC) and requires certain postings as described below.

Posting Requirements

Beginning January 1, 2023, RSC Section 10a states that the boards of school districts, intermediate school districts, and public school academies shall ensure that the following laws be prominently posted and maintained in specified areas of school buildings:

• Michigan Constitution of 1963, Section 1 of Article VIII: “Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged.”
• RSC Section 10: “It is the natural, fundamental right of parents and legal guardians to determine and direct the care, teaching, and education of their children. The public schools of this state serve the needs of the pupils by cooperating with the pupil's parents and legal guardians to develop the pupil's intellectual capabilities and vocational skills in a safe and positive environment.”

Section 10a requires that this language be posted and maintained in the following locations: (1) the room or rooms in which the board conducts its meetings, (2) an office in the administration building, and (3) the principal or chief administrator’s office at each school the board operates.

Impact

While boards must comply with Section 10a, posting those laws does not equate to giving parents broad authority to control boards or their schools. Both the U.S. Supreme Court and Michigan courts have made clear that recognizing parents’ rights to make decisions about the care, custody, and control of their own children does not extend to directing how a public school operates or teaches.

Notably, the Sixth Circuit Court of Appeals, whose decisions are binding in Michigan, has held that “[w]hile parents may have a fundamental right to decide whether to send their child to a public school, they do not have a fundamental right generally to direct how a public school teaches their child.” Blau v Fort Thomas Pub Sch Dist, 401 F3d 381, 395-96 (CA 6, 2005). As such, individual school districts, acting in accordance with applicable law and policy, determine issues such as school curriculum, the hours of the school day, school discipline, the timing and content of examinations, the individuals hired to teach at the school, extracurricular activities, dress codes, community service requirements, and a host of other issues. Although parents have input on many matters, the law provides no right to dictate how a particular student will be taught.

Further, the Michigan Court of Appeals has ruled that while RSC Section 10 recognizes parents’ right to be involved in their child’s education, this right is subject to the school’s broad authority under RSC Section 11a.

Given the recent criticisms of school boards and school officials, Section 10a may catalyze further complaints or litigation related to parental rights in public education.