Compulsory Education Bills in Georgia, Indiana & New York: What Parents Need to Know
Key Takeaway
Three states—Georgia, Indiana, and New York—have introduced bills lowering compulsory school attendance ages to five years old. These laws assume children are state-managed units rather than persons under parental care, removing family authority over educational readiness and timing. The bills violate all four Education Independence pillars. Families should contact legislators to oppose these measures.
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 because many legislatures across the country are currently trying to expand compulsory attendance laws. Currently, Georgia, New York, and Indiana have introduced such laws. We will examine each of these in turn.
Georgia: HB438
Bill summary: HB438 lowers the compulsory school attendance age from six to five years and mandates all children attend a full-day kindergarten program for one school year before enrolling in first grade. The bill transforms kindergarten from optional to mandatory for all educational settings and changes “may offer” to “shall offer” for local school systems.
Read the bill
Indiana: SB0124
Bill summary: SB0124 amends the Indiana Code to lower the compulsory school attendance age from 7 to 5 years old. The bill modifies IC 20-33-2 (compulsory attendance requirements) and makes conforming amendments to school choice and ESA eligibility provisions in IC 20-51 and IC 20-51.4.
Read the bill
New York: A00323
Bill summary: A00323 lowers New York’s compulsory education age from six to five years old, expanding state-mandated attendance requirements to include five-year-olds. The bill modifies Education Law 3205 to require minors from five to sixteen years of age to attend full-time instruction, effectively making kindergarten compulsory rather than optional.
The bill also repeals the existing provision that allowed school boards to offer kindergarten while permitting parents to opt out, replacing it with a limited one-time delay option for parents who elect not to enroll their five-year-old in the year they turn five.
Read the bill
Compulsory Education Bills: Frequently Asked Questions
| Question | GA HB438 | IN SB0124 | NY A00323 |
|---|---|---|---|
| Does every child have to attend kindergarten? | Yes. Full-day kindergarten is mandatory for all children in public, private, and home schools. | Yes. Eligible children must attend school in some form—public, private, or home school. | Yes. Eligible children must receive full-time instruction in public, private, or home school. |
| What age do parents have to begin schooling their child? | Age five. Parents cannot delay until age six or skip kindergarten. | Age five (changed from age seven). Parents cannot delay formal education. | Age five, with one-time delay option. Attendance is compulsory with truancy enforcement. |
| How does this affect homeschoolers? | Must provide full-day kindergarten for five-year-olds. Georgia’s existing homeschool requirements still apply. | Must provide instruction for five-year-olds. Must keep 180-day attendance records and meet “equivalent to public school” standards. | Must provide full-time instruction for five-year-olds. State can enforce attendance, require reporting, and investigate non-compliance. |
| Who pays for this? | State taxpayers. Takes effect only after Georgia legislature appropriates funding. | No new funding. Adjusts existing school choice and ESA eligibility dates. | No new funding. Only changes compulsory attendance age. |
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: Enlarges state jurisdiction over education rather than leaving education primarily within voluntary and family-directed arrangements.
Independent Pursuits
Violated: Dictates 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
If you live in Georgia, Indiana, or New York, be sure to take these steps to stop these bills from being passed in your state:
Contact State Legislators
Locate elected officials and communicate opposition to this bill through email or phone. Express concerns directly to legislative offices.
Share Information Locally
Inform neighbors, friends, and family about the bill’s implications. Encourage others to contact their representatives. Broader awareness creates a stronger collective response.
Need help communicating with legislators? We provide legislative communication templates to guide families through writing letters, making phone calls, or scheduling meetings with elected officials.
Join the Network for Bill Updates
Become a member of the Education Independence Network to receive timely notifications as these bills move through their legislative processes.
