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 […]

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In a recent unpublished opinion, Davis v. Flint Community Schools et al., the Michigan Court of Appeals dismissed a case filed after a student was injured at school, finding that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 […]

23 October 2020

Court Denies Teacher’s Appeal in Case of Studen...

In a recent unpublished case, JB ex rel.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 […]

05 October 2020

Second Circuit Upsets the Apple Cart with Respe...

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, ___ […]

SCOTUS
03 October 2019

U.S. Supreme Court to Provide Clarity on LGBT P...

On October 8, 2019, the United States Supreme Court is set to hear a trio of cases that present related questions about the scope of Title VII, the federal civil rights legislation that prohibits discrimination in employment.  The consolidated case of Zarda v. Altitude Express and Bostock v. Clayton County will determine whether sexual orientation […]