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 […]

18 June 2021

OCR Guidance Confirms Title IX Protects LGBTQ+ ...

Earlier this week, the U.S. Department of Education Office of Civil Rights (OCR) released interpretive guidance confirming that Title IX, the federal law that prohibits discrimination against students and school district employees on the basis of sex in education programs or activities, also prohibits harassment and discrimination based on an individual’s sexual orientation or gender […]

27 May 2021

New Jersey Supreme Court to Hear Catholic Schoo...

On May 18, 2021 the Supreme Court of New Jersey agreed to hear a Catholic school teacher’s gender bias suit.  The case, Crisitello v. St. Theresa School, has circulated multiple times amongst the lower courts, and now the Supreme Court of New Jersey will determine whether Petitioner, Crisitello, was terminated in violation of the New […]

Michigan Court of Appeals Building Interior
21 May 2021

Michigan Court of Appeals Closes Potential FOIA...

Last week, the Michigan Court of Appeals published its decision in Traverse City Record-Eagle v Traverse City Area Public Schools Board of Education, a case involving a significant loophole in the way the Freedom of Information Act (FOIA) and the Open Meetings Act (OMA) interact. Shortly after the hiring of Traverse City Area Public Schools […]

Michigan Court of Appeals Building Interior
19 April 2021

Michigan Court of Appeals Allows Teacher Aide t...

The Michigan Court of Appeals recently released its unpublished opinion in Harlan v Detroit Public Schools Community School District, a case involving a teacher’s aide (Harlan) who was terminated for allegedly falsifying a report of assault committed by a student.   The pertinent facts are as follows. At the end of the school day, Harlan […]

12 April 2021

Sixth Circuit Allows Professor to Move Forward ...

In a recent case, Meriwether v. Hartop, the U.S. Court of Appeals for the Sixth Circuit addressed the important issue of pronoun policies in educational settings.  Meriwether, a professor at Shawnee State University, objected to a university policy requiring employees to refer to students by their preferred pronouns.  Meriwether sought an accommodation for his sincerely held […]

Michigan Court of Appeals Building Interior
18 March 2021

No Case for Wheelchair-Bound Student Who Collid...

In a recent unpublished case, Storck v. Washtenaw Indep. Sch. Dist., the Michigan Court of Appeals affirmed the dismissal of a case involving a wheelchair‑bound student, Ivan Williams, Jr., who suffered an injury while at school.  While being unloaded from the bus after a school trip, the assistant working with Williams placed the wheelchair toward an […]