This article will be updated with the latest news on the bills.
Compulsory Education Bill Update — March 2026
None of the three original bills have advanced. Indiana’s SB 124 is dead for this session. New York’s A323A/S4037A remain stalled in committee. Georgia’s SB 438 also hasn’t moved.
However, two new developments deserve attention. Georgia’s HB 1193 — the “Georgia Early Literacy Act of 2026” — passed the House and would require kindergarten attendance or a readiness assessment before first grade. Meanwhile, Washington’s SB 6261 creates new reporting requirements for parents of 6- and 7-year-olds, building infrastructure critics say sets the stage for lowering the state’s compulsory age.
What Is Compulsory Education?
According to US Legal Forms, compulsory education is a legal requirement for children to attend school for a specified period. This period typically depends on the child’s age and varies by state.
The Problems with Compulsory Education
Lauren Gideon, Director of Government Relations, recently outlined on Facebook why compulsory education bills are dangerous. Here are some of her reasons:
False Premise
Compulsory age laws assume children are state-managed units whose time belongs to the government by default, not persons under the care and responsibility of families. Once that premise is accepted, jurisdictional expansion feels normal.
Responsibility Becomes Compliance
Parents are treated as provisional caretakers who must align with state timelines, instead of the responsible entity accountable for outcomes.
Erases Legitimate Variation
Children mature differently, and families structure learning differently. Lowering the age assumes uniform needs where none exist.
Blurs Contract and Coercion
Private institutions may condition enrollment on attendance. That is contractual. The ethical ceiling there is expulsion. State-enforced attendance by age is coercion.
It is important for parents to be familiar with these problems with compulsory education. Currently, Georgia, New York, and Indiana have introduced such proposals. We will examine each of these in turn.
Current Legislative Proposals
Georgia: SB438
Status: Introduced. Not enacted.
Georgia Senate Bill 438 proposes reducing the beginning age for compulsory school attendance from six to five. The bill also proposes requiring full-day kindergarten year prior to first-grade enrollment. If enacted, five-year-olds would fall under Georgia’s compulsory attendance framework.
This article previously referenced “HB 438.” That was incorrect. The compulsory attendance proposal is SB 438.
Read the bill
Indiana: SB 124
Status: Introduced; stalled in committee and appears dead for this session.
Indiana Senate Bill 124 proposed lowering the compulsory attendance trigger from the school year in which a child turns seven to the school year in which a child turns five.
The bill received a first reading and was referred to the Senate Committee on Education and Career Development on December 11, 2025, but did not advance beyond committee referral.
If enacted, Indiana families would have been required to begin legally compliant instruction at age five rather than seven.
New York: A323A and S4037A
Status: Referred to committee.
Companion bills in the New York Assembly and Senate propose amending Education Law § 3205 to lower compulsory education age from six to five. If enacted, five-year-olds would be subject to full time instruction requirements under New York law.
Similar bills have been introduced in prior sessions but have not passed.
Read the Senate bill
Read the Assembly bill
How does Compulsory Education Violate Education Independence?
Compulsory education legislation violates two of the pillars of education independence.
| Independent Parents | Violated: Mandates when children must start school, eliminating parental discretion over educational readiness and timing. |
| Independent Funding | Warning: Enlarge state jurisdiction over education rather than leaving education primarily within voluntary and family-directed arrangements. |
| Independent Pursuits | Violated: Dictate educational timelines by statute, not by parental judgment or child readiness. |
| Independent Ideas | Warning: Formalizes kindergarten as a mandatory educational stage, reinforces a standardized pathway, and narrows space for diverse approaches to early education. |
Oppose Compulsory Education Laws
“The return to a sound framework is imperative: Parents are the responsible party. Education is a parental duty, not a location. Lowering the compulsory age does not protect children. It entrenches false premises and expands state power where responsibility already exists.”
—Lauren Gideon
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