The Michigan Head Start Association is merely a membership alliance founded to promote and advocate for equal opportunities for all Head Start children, families and programs. Much like a school district's membership in the Michigan Association of School Boards has little to do with how schools are operated, the Michigan Head Start Association has little to do with how the Head Start Programs are operated.
The Head Start Program is, however, a program of the United States Department of Health and Human Services that provides comprehensive education, health, nutrition, and parent involvement services. The United States Department of Health and Human Services is a cabinet-level department of the U.S. federal government. As a department of the federal government, certain regulations are promulgated and, although these regulations are not laws, regulations have the force of law since they are adopted under authority granted by statutes. The regulations state no firearms or other weapons can be kept in areas occupied or accessible to children. (see below)
In regards to preemption, the law states:
MCL 123.1102 Regulation of pistols or other firearms.
Sec. 2. A local unit of government shall not impose special taxation on, enact or enforce any ordinance or
regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer,
transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or
components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.
History: 1990, Act 319, Eff. Mar. 28, 1991.
As you can see, Michigan’s law does provide an exception for “federal law”
Therefore, it appears that the Head Start Program CAN enforce its “No Firearms” rule and Michigan Law provides an exception in their preemption statute which allows them to do this.
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Head Start Program Performance Standards
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(2) Injury prevention. Grantee and delegate agencies must ensure that:
(i) Children enrolled in the Head Start family child care program option are protected from potentially hazardous situations. Providers must ensure that children are safe from the potential hazards posed by appliances (stove, refrigerator, microwave, etc). Premises must be free from pests and the use of chemicals or other potentially harmful materials for controlling pests must not occur while children are on premises.
(ii) Grantee and delegate agencies must ensure that all sites attended by children enrolled in Head Start and Early Head Start are equipped with functioning and properly located smoke and carbon monoxide detectors.
(iii) Radon detectors are installed in family child care homes where there is a basement and such detectors are recommended by local health officials;
(iv) Children are supervised at all times. Providers must have systems for assuring the safety of any child not within view for any period (e.g.
the provider needs to use the bathroom or an infant is napping in one room while toddlers play in another room);
(v) Providers ensure the safety of children whenever any body of water, road, or other potential hazard is present and when children are being transported;
(vi) Unsupervised access by children to all water hazards, such as pools or other bodies of water, are prevented by a fence;
(vii) There are no firearms or other weapons kept in areas occupied or accessible to children;
(viii) Alcohol and other drugs are not consumed while children are present or accessible to children at any time; and
(ix) Providers secure health certificates for pets to document up to date immunizations and freedom from any disease or condition that poses a threat to children's health. Family child care providers must ensure that pets are appropriately managed to ensure child safety at all times.
but i do understand whatcha mean. ;-)
