Michigan Mom Fights School District Rule That Says 7-Year-Old Can't Walk 3 Minutes Home From the Bus Stop
The superintendent blamed the “significant liability the district assumes whenever we are transporting students.”
Last year, Tali Smith's son Emmett walked himself home the four houses he lives from the school bus stop. He was six. The walk takes 3.5 minutes.
But this year, his suburban Michigan school will not let him do that—too risky.
The school district, Saline Area Schools, is newly enforcing a rule that says a parent or other adult must be waiting at the bus stop to escort anyone in kindergarten or first grade. Emmett is in first grade.
Though Smith not only believes Emmett can walk home himself on the nearly silent street, she has seen him do it for a year. But reality does not move a bureaucratic needle. "Other districts have less strict rules," including Ann Arbor, which is more urban and shares a border with her town, says Smith.
Unfortunately for Smith, Michigan has not yet passed a reasonable childhood independence law, unlike 11 other states. But a bill with bipartisan support is under consideration, sponsored by Sens. Jeff Irwin (D–Ann Arbor) and Ed McBroom (R–Marquette). Generally, these laws say "neglect" is when a child is put in obvious, serious danger—not anytime a parent takes their eyes off them.
"Parents should be able to decide when their children are ready to take on more independence," Irwin says. "I am sponsoring legislation to clarify that parents may allow children to do reasonable activities on their own."
McBroom adds, "Parents should never have to worry that the state is going to punish them or take away their children for letting them do regular childhood activities like going to the park, or walking home from school."
Smith sent letters pleading with the superintendent to change the bus stop policy, or at least let her sign a waiver releasing the school from any liability. In one letter she wrote:
I am writing to address a policy that, while likely well-intentioned, goes against current research in child development and negatively impacts our children's independence and mental health. The rule disallows my 7-year-old son Emmett, a very responsible and well behaved 1st grader, from walking home alone from the neighborhood bus stop once or twice a week while his older brother has after school activities.
We live in a very safe neighborhood with minimal traffic where Emmett has been allowed to walk, bike, and play alone, without incident, for years.
Smith even referenced one of my favorite stats: "A child is approximately 5 times more likely to be born with a conjoined twin than to be kidnapped by a stranger. Our fear of rare events is inhibiting our children from developing the resilience they need to thrive….Walking home for 3 minutes is not something to fear."
Superintendent Rachel Kowalski replied, in part:
From what I understand, our bus stop policy is longstanding and, while I understand it may feel restrictive in your situation, it is in place because of the significant liability the district assumes whenever we are transporting students. Our legal counsel advises us on best practices to have in place to support collective student safety. This policy is aligned with practices I have seen in every district I have been part of and is grounded in our responsibility to ensure consistency and safety for all students. By holding to this policy, we are anchoring it in the legal and safety responsibilities the district is required to uphold once students are on and off our buses.
Irwin says the school is misinterpreting Michigan's liability laws. "School administrators are severely limiting this family's choices based on a misunderstanding that the district might be liable if the child were harmed. In fact, Michigan provides broad immunity for schools even in cases of clear negligence. Letting a child walk a few yards at the request of their parents simply does not put the district at risk."
At my request, Smith photographed the walk home from the bus stop. Here it is:
At this point, says Smith, "I've lost the bus battle."
The day she threw in the towel she had her son wear a T-shirt that said, "You must never be fearful about what you are doing when it is right." It's a quote from another bus freedom activist: Rosa Parks.
