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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]