Education Law Blog

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

Michigan Court of Appeals Building Interior
03 December 2021

Court Upholds Redaction of Names from Public Re...

In a recent Michigan Court of Appeals decision, Richman v Ingham County, the court addressed a citizen’s assertion that the County violated the Freedom of Information Act (FOIA).  Richman had requested records relative to a complaint against two County 911 dispatchers over the alleged misuse of the Computer Assisted Dispatch (CAD) system.  The County provided […]

 
18 November 2021

Sixth Circuit Vacates, Will Re-Hear MDHHS Mask ...

In August, a panel of the Sixth Circuit heard a challenge to the (now‑rescinded) MDHHS mask order requiring the use of masks in Michigan schools.  The Plaintiffs asserted a number of arguments, but their main contention was that the mandate violated their free exercise of religion.  The trial court refused to put in place an […]

Michigan Court of Appeals Building Interior
10 September 2021

Court of Appeals: No Case Against School in Tap...

In a recent unpublished decision, the Michigan Court of Appeals overturned the decision of a trial court judge which would have allowed a student’s parents to pursue intentional and negligent tort claims against a school district, its superintendent, and a building principal.  The allegations animating the case were straightforward.  Abdul‑Sattar Dannaoui was a preschool student […]

27 August 2021

Sixth Circuit Ruling Suggests Mask Mandates Are...

On August 23, 2021, the Sixth Circuit Court of Appeals rejected the attempt of a Lansing nonpublic school, Resurrection School, and related individuals to challenge last school year’s MDHHS mask mandate.  The Plaintiffs attempted to enjoin further mask mandates in schools, citing alleged violations of constitutional entitlements to free exercise of religion, substantive due process, […]

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 […]