News from Thrun Law

May 16, 2022

The Sixth Circuit Court of Appeals recently ruled that a participant in a conversation does not violate Michigan’s eavesdropping statute by recording the conversation without the consent of the other parties. Fisher v Perron, Docket No. 21-1184 (CA 6, 2022). This decision, especially in light of the Michigan Supreme Court’s refusal to review this issue in a different case, reaffirms that Michigan is a one-party consent state for recordings.

In this case, Mr. Fisher alleged...

May 9, 2022

With high school graduation fast approaching, school officials should be aware of the following graduation-related legal issues.

Diplomas and “Walking” at Graduation

The end of the school year may usher in “senioritis” along with senior pranks, tempting school officials to withhold a student’s diploma as a disciplinary action. School officials who do so risk legal exposure because withholding an earned diploma deprives an individual of a...

May 2, 2022

The U.S. Supreme Court unanimously ruled that a college board of trustees did not violate a board member’s free speech rights by censuring him and temporarily barring him from board officer positions. Houston Community College System v Wilson, Docket No. 20-804 (March 24, 2022).

David Wilson was an elected official on the Houston Community College System’s Board of Trustees. He was not, however, popular with his fellow trustees. Wilson frequently disagreed with them,...

April 25, 2022

As part of our service to our retainer clients, Thrun Law Firm will conduct a series of 1-hour webinars on four Tuesdays this spring. The “Tuesdays with Thrun - Back to Basics” webinar series is offered at no charge to our retainer clients.

Webinars will be held on the following dates and times and will cover the following topics:

  • Tuesday, April 12, 2022
    • 8:30-9:30 a.m.: How to Effectively Use Legal Counsel
    • 9:45-10:45...
April 18, 2022

Prom season is fast approaching – along with myriad related legal issues. Student conduct at prom can be both novel and unpre­dictable, offering few clear-cut rules. This article nevertheless provides some best practices to assist school officials in navigating common issues that may be associated with the big day.

Attendance

Attending prom is not a constitutional right. Prom attendance is a privilege, subject to revocation should a student fail to...

April 11, 2022

Recently, many school districts received Freedom of Information Act (FOIA) requests from a for-profit business seeking the disclosure of student directory information. Responding to FOIA requests for student directory information requires school officials to navigate legal requirements that include the Family Educational Rights and Privacy Act (FERPA) and other Michigan privacy statutes. This article describes considerations and FOIA exemptions that apply to such requests.

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April 4, 2022

As our retainer clients were notified in our February 8 E-Blast, Michigan Attorney General Nessel recently issued OAG No. 7318, in which she opined that the federal Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504) may require state and local boards to provide virtual access to public meetings as a reasonable accommodation for qualified persons with disabilities.

Although the opinion is not binding on local boards (e.g., school boards), it...

April 1, 2022

On March 23, Governor Whitmer signed into law Public Act 48 of 2022, which is immediately effective and amends Section 1d of the Construction of School Buildings Act (the Act) to change certain requirements related to temporary door locking devices and systems (e.g., the Boot) in schools.

The Act defines “temporary door locking device or system” (lockdown device) as an “anchoring mecha­nism or system installed on the interior side of a door that, when engaged, secures the door against...

March 29, 2022

As part of our service to retainer clients, Thrun Law Firm will conduct a series of 1-hour webinars on four Tuesdays this spring. The “Tuesdays with Thrun - Back to Basics” webinar series will be offered at no charge to our retainer clients.

Webinars will be held on the following dates and times and will cover the following topics:

  • Tuesday, April 12, 2022
    • 8:30-9:30 a.m.: How to Effectively Use Legal Counsel
    • 9:45-10:45 a.m.: Open Meetings Act and Freedom...
March 28, 2022

We previously notified our retainer clients through E-Blasts and School Law Notes about a California lawsuit against Juul Labs and other vaping product manufacturers. The lawsuit alleges that those manufacturers fraudulently and intentionally marketed their products to children.

The lawsuit seeks not only money damages for costs schools have already incurred related to vaping, but also funding for future vaping-related costs. Vaping costs include reduced state aid due to...

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