Publication

05 January 2026

Additional Guidance on Section 164k Compliance – District Surveys & Curriculum Requirements

On October 7, 2025, Governor Gretchen Whitmer signed the fiscal year 2026 State School Aid Act (Public Act 15 of 2025), which includes Section 164k (MCL 388.1764k). This provision requires the Michigan Department of Education (MDE) to monitor district and ISD compliance with obligations related to School Meal Programs, Pupil Count Incentives, District Surveys, and Evidence-Based Curriculum Lists.

Noncompliance may result in MDE withholding 5% of per-pupil funding until compliance is restored.

Miller Johnson previously issued a Client Alert on December 9, 2025, summarizing these requirements.  On December 11, 2025, MDE released a memorandum providing additional clarification. This update focuses on District Surveys and the Evidence-Based Curriculum List requirements.

District Surveys – Key Compliance Points

Districts and ISDs must ensure that student survey questions and results are:

  • Made available to the public
  • Posted on the district or ISD website
  • Parents and legal guardians are notified

The challenge: The statute defines “survey” broadly to include any survey from the district, ISD, or local, state, or federal government. This has raised questions about whether informal surveys—such as classroom polls, teacher-created feedback forms, or student-organized surveys—are included, creating potential administrative burdens.

To clarify, here are examples:

Informal surveys that do NOT need to be posted:

  • A teacher asking students to vote on their favorite book for a reading project
  • A quick Google Form for classroom feedback on a recent lesson
  • A student council poll about preferred spirit week themes
  • An informal questionnaire about lunch menu preferences

Surveys that DO need to be posted:

  • District-wide climate or engagement surveys administered by the district or ISD
  • State or federally mandated surveys (e.g., health or safety surveys)
  • Surveys distributed to all students in a grade level by district administration

Summary Guidance:

  • Post student survey questions and results on your district website only if the survey is administered district-wide by the district, ISD, or a government entity—even if limited to certain grade levels.
  • Notify parents/legal guardians of these surveys.
  • Do not post informal surveys (e.g., teacher polls, small-scale feedback forms, student-organized surveys), as they are not clearly covered by the statute.
  • Before releasing survey results, confirm public release permissions and ensure compliance with FERPA and the Protection of Pupil Rights Amendment (see MDE’s June 2025 memorandum).
  • Staff surveys do not need to be posted.

Curriculum Notification – Key Compliance Points

If a district or ISD uses a curriculum not on the state’s evidence-based list (per MCL 380.1280f) for grades K–5, it must notify parents with:

  • A statement that the curriculum is not evidence-based or aligned to state standards, which could negatively impact academic outcomes.
  • An explanation of why the district is not using an evidence-based curriculum.
  • A plan and timeline for adopting an evidence-based, standards-aligned curriculum.

Update: MDE issued a memorandum on December 18, 2025, regarding the Evidence-based Tier-1 Class-wide Elementary Reading Curricula.  This list has been posted on the K-12 Literacy and Dyslexia Laws – PA 146/147 website.

Why This Matters

Compliance with Section 164k is critical to avoid funding penalties and ensure transparency. Districts and ISDs should review current practices immediately and implement necessary changes to remain in full compliance.

For inquiries, please contact Eric Feldman at Feldmane@millerjohnson.com or (313) 435-2355.