06 April 2020

EO 2020-38: FOIA Flexibility During COVID-19

  On Sunday, Governor Whitmer issued Executive Order 2020‑38, effective through June 4, 2020 (or through any extension of the EO).  The EO offers flexibility to public bodies under the Freedom of Information Act (FOIA) as they attempt to navigate the myriad issues caused by the coronavirus pandemic. The EO relaxes the FOIA’s initial 5‑day […]

06 April 2020

Laid Off Teacher’s Due Process Claim Moves Forward

  On March 3, 2020, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Mascow v. Board of Educ. of Franklin Park Sch. Dist., No. 19-2563.  It concluded that a teacher failed to establish a First Amendment claim but was able to state a valid Fourteenth Amendment Due Process claim.  The […]

01 April 2020

High School Football Coach’s Insults Insufficie...

  The Sixth Circuit recently issued an opinion in Chisholm v St. Mary’s City School District Board of Education, addressing Title IX prohibitions within the football setting as well as an intentional infliction of emotional distress claim.  Plaintiffs claimed that the coach harassed them by using the term “pussy” with the intent to insult them […]

31 March 2020

MDE’s Guidance on Compensatory Education

  MDE recently issued guidance on compensatory education, available here.  We note MDE clearly and correctly states compensatory education is not available unless a FAPE violation “… had a direct and negative impact on the student’s progress.”  Similarly, the guidance clearly and correctly states compensatory education is not based any formula, but is designed to […]

27 March 2020

“Essential” Worker Designation: What It Means ...

  On March 24, 2020, Governor Whitmer’s stay‑home Executive Order (EO) took effect.  EO 2020‑21 contains a number of exceptions that allow certain individuals to travel, as necessary.  It also requires businesses and other operations to provide written designation relative to critical infrastructure employees and employees who conduct minimum basic operations, if those essential employees […]

27 March 2020

Teacher Claims Speech Rights Violated for Weari...

  Eric Dodge, a teacher in the state of Washington, recently filed a First Amendment free speech complaint against his employer, Evergreen Public Schools.  According to the claim, the teacher was ridiculed and received threats of disciplinary action due to his support for President Trump as demonstrated by his possession of a “Make America Great […]

27 March 2020

Student’s Alleged Injuries Sufficient to Bring ...

  In an unreported opinion released this month, the United States District Court for the Middle District of Tennessee decided that the free speech claim of a public high school senior brought could proceed.  In Doe v. Byrd, a high school senior opted to not attend a field trip because he felt compelled to wear […]

27 March 2020

Court Dismisses FOIA Appeal

  In Davis v City of Detroit, an unpublished Michigan Court of Appeals decision released earlier this week, the court dismissed the Plaintiff’s case and upheld sanctions against him.  The matter involved a FOIA request, a second request for information brought under the Michigan Constitution, and a frivolous lawsuit.  The relevant facts are as follows. […]

27 March 2020

Flint Teachers’ ELCRA Claim Dismissed

  Earlier this week, the Michigan Court of Appeals released its unpublished decision in Burkhardt v Flint Community Schools.  The Plaintiffs were two experienced, female, white teachers who alleged that they were discriminated against on the basis of age, sex, and race in violation of the Elliott‑Larsen Civil Rights Act (ELCRA). Plaintiffs were teachers at […]

20 March 2020

DOL’s Joint Employer Final Rule Takes Effect

  In January, the U.S. Department of Labor released a final rule to aid employers in determining whether they may be “joint employers.”  The rule took effect on March 16, 2020.  Prior to its release, DOL’s previous regulation on the topic had not been updated for over 60 years. Joint employer status is particularly important […]