February 5, 2021 is the deadline for Michigan public school districts to submit a Form 2848 to the State of Michigan Office of Retirement Services (“ORS”) to participate in and be covered by the proposed IRS closing agreement related to 3% retiree healthcare contributions.  Michigan public school employees who did not opt out of retiree […]

On December 28, 2020, the Michigan Supreme Court ruled 3‑3 in Council of Organizations & Others for Ed. About Parochiaid v State, Docket No. 158751, leaving in place the decision of the Court of Appeals to permit certain funds to be disbursed to Michigan’s nonpublic schools.  Under MCL 388.1752b, funds were reimbursed to nonpublic schools […]

On December 21, 2020, Congress passed an appropriations bill package providing additional coronavirus relief.  The legislation, spanning more than 5,500 pages, is a colossal undertaking that is still being dissected by experts.  One question at the forefront of school administrators’ minds in recent weeks was whether Congress would extend the mandatory paid leave provisions under […]

The University of Michigan recently prevailed in an 8‑6 Title IX en banc decision that split the Sixth Circuit Court of Appeals.  The facts of the case, Foster v Bd of Regents of Univ of Mich,       F3d      ; No. 19‑1314 (CA 6, 2020), are relatively straightforward.  Rebecca Foster was enrolled in the University’s Executive MBA […]

In a recent unpublished opinion, Davis v. Flint Community Schools et al., the Michigan Court of Appeals dismissed a case filed after a student was injured at school, finding that governmental immunity applied to the teacher and school district.  The case involved injuries to a student, Dishon Davis, sustained in a classroom.  Dishon, a six‑year […]

Almost a decade ago, the Michigan Legislature required that school districts give students an opportunity to recite the Pledge of Allegiance each school day and display a flag where the pledge is recited. See MCL 380.1347a. This obligation has generally been easy to meet – until the era of COVID-19. With many students learning remotely, […]

In a recent unpublished case, JB ex rel. Barnes v. Detroit Public School District et al., the Michigan Court of Appeals affirmed the denial of a teacher’s attempt to dismiss a case filed by a student whose finger was severed while at school.  The court reasoned that the case had not been sufficiently developed and […]

Yesterday, the Michigan Senate approved Bill No. 1108, addressing electronic meetings under the Open Meetings Act (MCL 15.263). If signed into law, public bodies will be permitted to meet remotely – by telephonic or video conferencing – under specific circumstances, including when a statewide or local state of emergency is declared and there is risk to the personal health […]

On September 28, 2020, the U.S. Department of Education’s Office of Special Education Programs (OSEP) issued guidance, in the form of a Q&A document, to address questions surrounding the implementation of the Individuals with Disabilities Education Act (IDEA) in the COVID-19 environment.  The document incorporates questions regarding the initial evaluation process, annual IEP team meetings, […]

Can a parent request an independent education evaluation (IEE) at public expense from a functional behavior assessment (FBA)?  Here, in Michigan, most would say yes; based, primarily, on guidance from the Office of Special Education Program (OSEP).  Yet, the Second Circuit said “no” in a recent decision, D. S. v Trumbull Bd of Educ, ___ […]