School Lockers
24 February 2021

MDE Deducts Hefty Sum for Principal Without Val...

Late last month, the 30th Judicial Circuit Court for Ingham County released its opinion in Tecumseh Public Schools v. Michigan Department of Education.  The case involved the District’s appeal relative to a state funding deduction imposed after it employed an administrator lacking the prerequisites for an administrator certification. The District hired Carl Lewandowski in 1997 […]

09 February 2021

State Superintendent Advocates for More Instruc...

At a joint hearing between the Senate Education and Career Readiness Committee and the House Education Committee, Dr. Rice, Michigan Superintendent of Schools, encouraged legislators to consider additional instructional time in the upcoming academic school year to address foregone student learning. The joint committee hearing took place last week, where Dr. Rice testified that the […]

401 K
08 February 2021

Tax Relief for Teachers – IRS Releases New Guid...

As the costs of school supplies rise, and teachers and other educators consider how to keep students safe during the COVID-19 pandemic, the government is providing some relief.  Under the COVID-Related Tax Relief Act, passed as part of the Consolidated Appropriations Act, 2021 (“CAA”), teachers and other educators can now deduct out-of-pocket expenses for COVID-19 […]

28 January 2021

Biden Administration Revisits School Bathroom D...

The Biden administration has hit the ground running.  As has been widely reported, President Biden signed dozens of executive orders in his first week in office.  Amid the flurry, you may have missed one signed on his first day, titled “Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual […]

27 January 2021

Deadline Extended for Michigan Public Schools t...

In a previous communication, clients were notified of an upcoming deadline relative to the opportunity to participate in a proposed IRS closing agreement for 3% retiree healthcare contributions.  The substance of the issue was summarized on Miller Johnson’s Education Law Blog and is accessible for review here. Miller Johnson has now received information from the […]

21 January 2021

Upcoming Deadline for Michigan Public Schools t...

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 […]

Michigan Supreme Court
30 December 2020

Michigan Supreme Court Upholds Aid for Nonpubli...

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 […]

US Capitol Building in Washington DC
22 December 2020

No Mandatory Paid Sick Leave Extension in 2021

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 […]

21 December 2020

University of Michigan Wins Title IX Case

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 […]

Michigan Court of Appeals Building Interior
25 November 2020

Plaintiff Loses in Public-Building Design Defec...

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 […]