Football Player Kneeling
09 August 2022

What Does Supreme Court’s Football Coach ...

5 Minute Message Video Series In this 5 Minute Message, Miller Johnson attorney Kevin Sutton examines the impact of Kennedy v. Bremerton School District Supreme Court ruling on prayer in school. Watch the 5 Minute Message here. Questions? Contact the author Kevin Sutton. Stay Connected With Us: Email: Want to receive Miller Johnson’s education law […]

Education Law 5 Minute Message
04 August 2022

Introducing Miller Johnson Education Law’...

For the 2022-23 school year, the Miller Johnson Education practice group is bringing you a new video series, the 5 Minute Message. We envision this video series being like so many of the telephone calls we have with clients that start with, “Hey, do you have five minutes to talk about …?” Each month, we […]

Classroom
06 June 2022

Just When You Thought You Had Title IX Figured ...

Does your school’s Title IX Coordinator know about each and every incident of sex-related misconduct that has occurred within the district?  Do all of your building-level teachers, counselors and administrators who usually receive reports of misconduct know how to identify what might qualify as “sexual harassment” that should be reported to the Title IX Coordinator?  […]

Michigan Court of Appeals Building Interior
06 May 2022

EGLE Loses FOIA Exemption Case

Recently, the Michigan Court of Appeals issued an unpublished decision in Jones Day v Dep’t of Environment, Great Lakes, and Energy.  The case revolved around a Freedom of Information Act request that EGLE had denied based on FOIA’s exemption for requests for information pertaining “to a civil action in which the requesting party and the […]

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 […]

Potter Stewart Courthouse 6th Circuit
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In August, a panel of the Sixth Circuit heard a challenge to the (now‑rescinded) MDHHS mask order requiring the use of masks in Michigan schools.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 […]

Potter Stewart Courthouse 6th Circuit
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, […]

Helpline Photo
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 […]

Title IX
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 […]