The Biden administration has hit the ground running.  As has been widely reported, President Biden signed dozens of executive orders in his first week in office.  Amid the flurry, you may have missed one signed on his first day, titled “Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual […]

On December 28, 2020, the Michigan Supreme Court ruled 3‑3 in Council of Organizations & Others for Ed. About Parochiaid v State, Docket No. 158751, leaving in place the decision of the Court of Appeals to permit certain funds to be disbursed to Michigan’s nonpublic schools.  Under MCL 388.1752b, funds were reimbursed to nonpublic schools […]

The University of Michigan recently prevailed in an 8‑6 Title IX en banc decision that split the Sixth Circuit Court of Appeals.  The facts of the case, Foster v Bd of Regents of Univ of Mich,       F3d      ; No. 19‑1314 (CA 6, 2020), are relatively straightforward.  Rebecca Foster was enrolled in the University’s Executive MBA […]

Almost a decade ago, the Michigan Legislature required that school districts give students an opportunity to recite the Pledge of Allegiance each school day and display a flag where the pledge is recited. See MCL 380.1347a. This obligation has generally been easy to meet – until the era of COVID-19. With many students learning remotely, […]

Yesterday, the Michigan Senate approved Bill No. 1108, addressing electronic meetings under the Open Meetings Act (MCL 15.263). If signed into law, public bodies will be permitted to meet remotely – by telephonic or video conferencing – under specific circumstances, including when a statewide or local state of emergency is declared and there is risk to the personal health […]

On September 28, 2020, the U.S. Department of Education’s Office of Special Education Programs (OSEP) issued guidance, in the form of a Q&A document, to address questions surrounding the implementation of the Individuals with Disabilities Education Act (IDEA) in the COVID-19 environment.  The document incorporates questions regarding the initial evaluation process, annual IEP team meetings, […]

The United States Court of Appeals for the Sixth Circuit delivered an opinion earlier this month in a case concerning the Americans with Disabilities Act (ADA), Kirilenko-Ison, et al. v. Bd of Ed. Danville Indep. Sch., No. 19-5767, 2020 WL 5269818 (6th Cir. Sept. 4, 2020).    The case involved two nurses, Bauder-Smith and Kirilenko-Ison, who […]