As reported in our August 29, 2024 School Law Notes, the Michigan Supreme Court recently declared the Michigan Paid Medical Leave Act (PMLA) void and ruled that the Employee Sick Time Act (ESTA) be implemented in its place effective February 21, 2025. Mothering Justice v Attorney General, MSC Docket No. 165325 (July 31, 2024). As schools prepare to implement the...
The chaotic, drama-filled final weeks of the Michigan Legislature’s 2023-2024 Session resulted in the Legislature’s passage of approximately 100 bills, including some that impact schools.
Public Employer Medical Benefit Plan Contributions
As detailed in our January 4, 2025 E-Blast, the Michigan Legislature passed House Bill 6058 on December 20, 2024 which, if signed by...
Governor Whitmer recently signed into law Public Act 161 of 2024 (PA 161), Public Act 162 of 2024 (PA 162), and Public Act 163 of 2024 (PA 163). These new laws outline requirements for stop-arm cameras, establish camera-based violations, and allocate the accompanying funds from the civil fines to the school. These acts are set to take effect 91 days after the 2024 Legislature adjourns sine die; we expect the effective date to be in late March 2025.
PA 161 revises the Michigan...
In November’s edition of School Law Notes, we wrote about The ABCs of Student Behavior Management: BIPs, FBAs, & PBIS. The U.S. Department of Education’s Office of Special Education and Rehabilitative Services (OSERS), however, almost simultaneously issued new guidance entitled,...
Michigan law suggests that a school board member who is present at a board meeting has a fiduciary duty to vote on every motion that comes before the school board unless a statute permits abstention. A board member who abstains from voting absent a statute permitting abstention is arguably neglecting the duties of their public office, which is prohibited under the Michigan Penal Code. Both the Revised School Code (RSC) and the Contracts of Public Servants with Public Entities Act,...
With limited exceptions, school officials must obtain a criminal history and records check for employees of third-party contractors who are assigned to “regularly and continuously” work on school property. Revised School Code (RSC) Sections 1230 and 1230a provide that when an individual is assigned to regularly and continuously work under contract at a school, officials shall request a criminal history check from the criminal records division of the department of state police and a...
Schools that issued tax credit bonds on or before December 31, 2017 must annually complete and file Form 1097-BTC with the IRS. For tax year 2024, Form 1097-BTC must be filed by mail by February 28, 2025 or filed electronically by March 31, 2025.
Tax credit bonds differ from conventional school bonds because the bond purchaser receives a tax credit instead of, or in...
The Michigan Department of Education (MDE) recently released guidance to help schools navigate the complexities of pupil transportation. MDE’s guidance explains new funding and reporting requirements established by Public Act 120 of 2024 (PA 120) and provides important reminders to help schools steer clear of common pupil transportation pitfalls.
Funding Requirements
PA 120 allocated $125 million to school transportation reimbursement funding for the...
Managing student behavior is integral to a successful educational experience for all students but becomes a mandate when a student has a disability. The IDEA and Section 504 recognize the connection between behavior and providing a free appropriate public education (FAPE) to students with disabilities. When a student’s behavior impairs their or others ability to learn, school staff likely need to address the causes of and seek solutions for the problematic behavior.
School staff may...
With the excitement of the holiday season, finance-related filings may be the last thing on school officials’ priority lists. Please keep in mind two important end-of-the-calendar-year deadlines to stay off the “naughty” list: (1) continuing disclosure and (2) qualified status.
Continuing Disclosure
If your school has outstanding bonds, it likely entered into a continuing disclosure agreement (CDA) when those bonds were issued. A CDA requires school...