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Section 164k of the State School Aid Act (MCL 388.1764k) was signed into law on Oct. 7, 2025, and requires schools to comply with certain legal requirements or face a 5% state aid penalty. If a violation of Section 164k is confirmed, 5% of state aid will be withheld for as long as a district or intermediate school district is out of compliance.
Among its requirements, Section 164k requires that districts publicly post and provide information pertaining to student surveys. Surveys, as used in the statute, is broadly defined as "any survey from the district or intermediate district or from the local, state, or federal government." Based on this definition, surveys are unlikely to include those conducted by a classroom teacher or students and student groups. Rather, surveys encompassed by this statutory definition are those conducted on a broader scale by the district, ISD, or governmental entities. Pursuant to statutory language, schools must "ensure that student survey questions and results are made available to the public, posted on the district's or intermediate district's website, and that parents and legal guardians are notified of the survey."
On Dec. 11, 2025,the Michigan Department of Education (MDE) issued a memorandum addressing the Section 164k requirements. With respect to surveys, MDE noted within its memorandum that districts will want to pay close attention to public release permissions for each survey, as well as the Protection of Pupil Rights Amendment (PPRA).
Surveys and State, Federal Law
The PPRA is a federal law that provides parents rights with respect to student participation in surveys, among other specific rights pertaining to marketing, physical examinations, and instructional materials. 20 U.S. Code § 1232h; 34 CFR Part 98. The PPRA requires schools to notify parents and obtain written parental consent for a survey, analysis, or evaluation that is funded as part of a program administered by the U.S. Department of Education and involves one or more of the following:
- Political affiliations of the student or the student's parents;
- Mental or psychological problems of the student or student's family;
- Sex behavior or attitudes;
- Illegal, anti-social, self-incriminating, or demeaning behavior;
- Critical appraisals of others with whom the student have close family relationships;
- Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
- Religious practices, affiliations, or beliefs of the student or the student's parent; or
- Income, other than as required by law to determine program eligibility.
Schools cannot require students to submit to a survey concerning the above topics.
Moreover, parents have the right to be offered the opportunity to opt their students out of surveys inquiring about one or more of the bulleted items above, as well as surveys that collect other personal information (the student or parent's name, address, phone number, and/or Social Security number) regardless of the funding source.
Further, parents have the right to request to inspect a survey created by a third party before the survey is administered and distributed by a school to a student. Granting a request to inspect such a survey must be done "within a reasonable period of time after the request is received." The rights as described herein transfer to a student when the student turns 18 years old or becomes an emancipated minor.
Therefore, schools should be mindful of the survey requirements of Section 164k and the PPRA, as both contain certain rules surrounding student surveys.
Other Compliance Requirements
Beyond the survey requirements, Section 164k mandates that local school districts, public school academies, and intermediate school districts also adhere to the following:
- All food made available to students through breakfast or lunch programs complies with federal rules regarding school meals;
- To the extent practicable, each student household must complete the child nutritional and education benefits application for free and reduced-priced school meals regardless of whether the district provides universal breakfast or lunch;
- Financial incentives are not provided to students for attending pupil membership count days;
- Beginning with fiscal year ending September 30, 2026, if a district is not using curriculum from the Michigan Department of Education's evidence-based curriculum list (MCL 380.1280f), the district must provide notice to parents/guardians of K-5 students as outlined in Section 164k.
If the MDE received a report that a district is violating any of the above requirements, and confirms the violation, 5% of state aid will be withheld for as long as the district is out of compliance.
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