Education Law Blog

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The Education Law Blog offers updates, insights and advice on education in Michigan.

05 August 2021

Reminder: Schools Must Display Suicide Preventi...

Last October, the Michigan Legislature passed the Save Our Students Act, which mandates certain requirements for school districts in an effort to prevent youth suicide and facilitate student access to supports. Included in the law is a requirement that, effective October 15, 2021, school districts that offer any of grades 6-12 and that issue identification […]

 
02 August 2021

OCR Issues Title IX Q&A

After the Department of Education’s Office for Civil Rights (OCR) held a virtual public hearing on Title IX, it published a questions-and-answers (Q&A) resource to provide clarification to schools under the current regulations. The resource sheds some light on general obligations, the definition of sexual harassment, and the process of handling cases and responding to […]

26 July 2021

Sixth Circuit: School Board Policies on Public ...

Earlier this month, the United States Court of Appeals for the Sixth Circuit published its decision in Ison v. Madison Local School District Board of Education, addressing the censorship of offensive or critical speech at a public meeting involving a public body or its members.  The court opined that prohibiting speech simply because it may […]

08 July 2021

Sixth Circuit: Even where IDEA does not offer r...

Last week, the United States Court of Appeals for the Sixth Circuit released its decision in Perez v. Sturgis Pub. Schools, No. 20-1076, a case involving a student’s claim for relief under both the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA). The case solidifies the importance of the requirement […]

07 July 2021

Ann Arbor Students Seek Class Action Suit, Alle...

Last week, families of Ann Arbor Public Schools (AAPS) sued the school district, the Michigan Department of Education (MDE), and Washtenaw Intermediate School District (WISD), claiming special education services to which their children were entitled were not adequately provided during the pandemic. Specifically, the action contains assertions that four AAPS students between the ages of […]

01 July 2021

Webinar Recording: Schools: One More Round of ...

Attorneys Bob Schindler, Kevin Sutton and Cathy Tracey discussed a trifecta of important topics for public school clients in this webinar. First, they discussed the latest Michigan COVID 19 regulations and what they mean for schools. Second, they tackled the U.S. Supreme Court’s decision in Mahanoy Area School District v. B.L. and what the decision […]

SCOTUS
30 June 2021

Supreme Court Won’t Hear School Transgender Bat...

On Monday, the United States Supreme Court denied certiorari in Grimm v. Gloucester County School Board, a case involving a transgender student – Gavin Grimm – who was banned from using the school restrooms consistent with his gender identity.  Justices Thomas and Alito would have granted certiorari and would have heard the case, but they […]

Michigan Court of Appeals Building Interior
28 June 2021

Tenured Teacher Loses Layoff and Recall Case

The Michigan Court of Appeals recently released its opinion in Sebald v Belding Area Schools, a case involving the layoff and recall of Sebald, a tenured teacher.  Sebald first became hired by the School District in 1999 and taught multiple subjects during his employment.  But, during the 2016‑2017 school year, Sebald received a rating of […]

SCOTUS
23 June 2021

United States Supreme Court Hands First Amendme...

For decades, school administrators have worked under the Tinker standard – i.e., the principle that on‑campus student free speech can only be disciplined where it causes a substantial disruption to the school environment.  Since then, the Supreme Court has weighed in on only a few student speech cases and, until today, those cases did not generally directly […]