News from Thrun Law

When school officials consider purchasing new equipment (e.g., buses, copiers, or tablets), vendors sometimes offer financing packages that use a lease purchase agreement (LPA) or other financing lease with a third-party leasing company.

LPAs are different from true leases and rental agreements. Un­like a true lease, an LPA transfers equipment ownership to the school. In exchange, the school pledges general fund dollars to make lease payments over time, which include interest that the...

The Individuals with Disabilities Education Act (IDEA) provides schools and parents of students with disabilities administrative procedures to address special education concerns (e.g., due process hearings and state complaints). Generally, parents and students seeking relief available under the IDEA must first exhaust the IDEA’s administrative procedures before filing a federal lawsuit. In a case originating in Michigan, the U.S. Supreme Court recently clarified that the IDEA’s exhaustion...

School officials preparing to negotiate successor collective bargaining agreements should review their contracts to determine if any contract contains a “zipper clause”. As explained by the Michigan Employment Relations Commission (MERC), a zipper clause provides that the contract is the full agreement of the parties and that, while it is in effect, neither party can be required to engage in further collective bargaining regarding any matter not covered by the agreement. Such a clause avoids...

The RSC’s statewide school safety information policy is amended as of March 29, 2023, to include “critical incident mapping data” in the information that a school board must provide to appropriate law enforcement agencies. The amendment states:

2. "Critical incident mapping data" means information provided in an electronic or digital format to assist law enforcement or emergency first responders in an emergency. The information provided...