On April 8, 2020, Governor Whitmer signed Executive Order 2020‑41, which relaxes notarization requirements in Michigan until midnight on May 6, 2020.  Similar to the loosening of other laws under prior EOs, EO 2020‑41 suspends strict compliance with the Uniform Electronic Transactions Act (UETA), the Uniform Real Property Electronic Recording Act (URPERA), and the […]

  On April 1, 2020, Idaho became the first state to deny transgender girls from participating in girls’ athletics. The Fairness in Women’s Sports Act was signed by Governor Brad Little, who also signed a bill that prohibits transgender people from being able to change their birth certificates to match their gender identities.  Further, it […]

  On Sunday, Governor Whitmer issued Executive Order 2020‑38, effective through June 4, 2020 (or through any extension of the EO).  The EO offers flexibility to public bodies under the Freedom of Information Act (FOIA) as they attempt to navigate the myriad issues caused by the coronavirus pandemic. The EO relaxes the FOIA’s initial 5‑day […]

  On March 3, 2020, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Mascow v. Board of Educ. of Franklin Park Sch. Dist., No. 19-2563.  It concluded that a teacher failed to establish a First Amendment claim but was able to state a valid Fourteenth Amendment Due Process claim.  The […]

  The Sixth Circuit recently issued an opinion in Chisholm v St. Mary’s City School District Board of Education, addressing Title IX prohibitions within the football setting as well as an intentional infliction of emotional distress claim.  Plaintiffs claimed that the coach harassed them by using the term “pussy” with the intent to insult them […]

  MDE recently issued guidance on compensatory education, available here.  We note MDE clearly and correctly states compensatory education is not available unless a FAPE violation “… had a direct and negative impact on the student’s progress.”  Similarly, the guidance clearly and correctly states compensatory education is not based any formula, but is designed to […]

  On March 24, 2020, Governor Whitmer’s stay‑home Executive Order (EO) took effect.  EO 2020‑21 contains a number of exceptions that allow certain individuals to travel, as necessary.  It also requires businesses and other operations to provide written designation relative to critical infrastructure employees and employees who conduct minimum basic operations, if those essential employees […]

  Eric Dodge, a teacher in the state of Washington, recently filed a First Amendment free speech complaint against his employer, Evergreen Public Schools.  According to the claim, the teacher was ridiculed and received threats of disciplinary action due to his support for President Trump as demonstrated by his possession of a “Make America Great […]

  In an unreported opinion released this month, the United States District Court for the Middle District of Tennessee decided that the free speech claim of a public high school senior brought could proceed.  In Doe v. Byrd, a high school senior opted to not attend a field trip because he felt compelled to wear […]

  In Davis v City of Detroit, an unpublished Michigan Court of Appeals decision released earlier this week, the court dismissed the Plaintiff’s case and upheld sanctions against him.  The matter involved a FOIA request, a second request for information brought under the Michigan Constitution, and a frivolous lawsuit.  The relevant facts are as follows. […]