Education Law Blog

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

09 October 2020

Electronic Board Meetings Gain Senate Approval,...

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 […]

 
06 October 2020

U.S. Department of Education Issues Pandemic Er...

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, […]

05 October 2020

Second Circuit Upsets the Apple Cart with Respe...

Can a parent request an independent education evaluation (IEE) at public expense from a functional behavior assessment (FBA)?  Here, in Michigan, most would say yes; based, primarily, on guidance from the Office of Special Education Program (OSEP).  Yet, the Second Circuit said “no” in a recent decision, D. S. v Trumbull Bd of Educ, ___ […]

02 October 2020

OCR Releases Q&A for K-12 Schools Navigati...

The United States Department of Education’s Office for Civil Rights (“OCR”) recently released guidance as part of an effort to aid schools in prioritizing a return to in‑person learning.  Highlights of the guidance include the following: Question: My school district is phasing in its return to in‑person learning.  Is it required to prioritize a return to […]

24 September 2020

Sixth Circuit Rules in Favor of Nurses Establis...

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 […]