Executive Order 2020-15 Permits Electronic School Board Meetings; Excuses Schools Boards from Monthly Meeting Requirements On March 18, 2020, Governor Whitmer signed Executive Order No. 2020-15 which allows all public bodies, including school boards, to conduct meetings electronically so long as members of the public can communicate with the board during the meetings.  Alternatively, […]

  On February 27, 2020, the Sixth Circuit — the appellate court that exercises federal control over Michigan and a handful of other states — released its opinion in Fisher v Nissan North America, Inc, ___ F3d ___ (CA 6, 2020).  The plaintiff (Fisher) argued that the defendant (Nissan) failed to accommodate Fisher’s disability and […]

  How does a school district provide a free appropriate public education (FAPE) to eligible students during a school closure?  The United States Department of Education (DOE) issued a Q&A addressing some common questions.  The Q&A, while helpful, stresses that it is an informal guidance document, not a binding statement of law. The Q&A confirms […]

  This document is intended to support school administrators responding to a potential crisis about which there is already a great deal of armchair quarterbacking, rumors, and fear.  While we are primarily focused on legal concerns, our intent is to distill the current information from numerous government sources and add it to our legal knowledge, […]

  The Michigan Court of Appeals recently released its opinion in Disabatino v Grand Blanc Community Schools (No. 346581), a case involving allegations of false imprisonment, gross negligence, and violations of the Michigan Persons with Disabilities Civil Rights Act (PWDCRA).  The salient facts are as follows:  Theodore Basing, a Grand Blanc teacher, was teaching the […]

  The Sixth Circuit Court of Appeals, which exercises federal jurisdiction over Michigan and a handful of nearby states, recently decided that schools receiving federal funds are not subject to Title IX liability under a “cat’s paw” theory.  In Bose v Bea, a student was expelled from Rhodes College (Tennessee) for cheating on tests and […]

  In a recent memorandum, the Michigan Department of Education suggested school districts may not want to assume they will be granted “snow‑day waivers” under certain circumstances.  MDE noted that the State School Aid Act grants schools the right to cancel up to six (6) days of instructional time for conditions beyond the district’s control – severe […]

  In an unpublished decision, the United States Third Circuit Court of Appeals in M.S., S.S., on behalf of H.S. v Hillsborough Twp Pub Sch Dist held a school district was not required to reimburse parents the cost of an independent educational evaluation (IEE) until the parents disagreed with the school district’s evaluation of the […]

  Governor Whitmer recently signed House Bills 4311, 4916, 4308, and 4307 into law.  These bills, respectively, create the Lawful Internet Gaming Act, the Lawful Sports Betting Act, the Fantasy Contests Consumer Protection Act, and amend certain provisions of the Michigan Gaming Control and Revenue Act. The Lawful Internet Gaming Act formally regulates the manner […]

  On January 16, 2020, the U.S. Department of Education released updated guidance regarding religious expression in public schools.  As we all know, the First Amendment prohibits the government (including public schools) from favoring or opposing religion – there’s nothing new on that front.  For example, teachers still can’t lead classes in prayer, and students are still […]