According to a recent Michigan Court of Appeals decision, public school teachers are not considered a “public body” under Michigan’s Freedom of Information Act (FOIA), and records created and retained by an individual teacher are not public records subject to disclosure. Litkouhi v Rochester Community Schools, Case No. 364409 (Mich Ct App, 2024).
The FOIA requester sought a teacher’s “lesson plans, readings given to students (articles, publications, case studies), viewings (...
In 2011, the Michigan Supreme Court ruled that Michigan law prohibited using public resources to administer a payroll deduction plan for employee contributions to the MEA’s political action committee (PAC). MEA v Secretary of State, 489 Mich 194 (2011). That decision was codified in 2012 through amendments to the Michigan Campaign Finance Act and the Wages and Fringe Benefits Act.
Supported by nearly a dozen labor organizations (including the MEA), legislation effective...
The Michigan Department of Health and Human Services (MDHHS) demands the tooth, the whole tooth, and nothing but the tooth! Recently, the Michigan Legislature passed Public Act 316 of 2023, which amends the Public Health Code to require a child’s parent, guardian, or person in loco parentis (i.e., the person legally responsible for the child) to provide a dental oral assessment for the child before the child’s first school enrollment.
Beginning with the 2024-2025 school year...
To avoid an unintended contract extension or obtainment of tenure, school officials must follow the applicable timelines and procedures to non-renew a probationary teacher’s contract.
Probationary Period
Amendments to RSC Section 1249 (teacher evaluation) and to the Teachers’ Tenure Act (probationary period for non-tenured teachers) take effect July 1, 2024. For the rest of this school year, RSC Section 1249 remains unchanged. Teachers must serve an...
Public Act 236 of 2023, effective February 13, 2024, adds Section 11a to the Public Employment Relations Act. Section 11a requires within 30 days after hiring a bargaining unit employee, a school must provide employee information to the union representing that bargaining unit regardless of the employee’s dues paying status. Additionally, every 90 days a school must provide that information to each bargaining unit employee’s union. Section 11a does not specify when the 90-day period starts....
In 2020 and 2021, Congress enacted several relief packages allocating almost $200 billion nationally to support public schools during the COVID-19 pandemic and its aftermath. Those appropriations derive from the Elementary and Secondary School Emergency Relief (ESSER) Fund, issued in phases known as ESSER I, ESSER II, and ESSER III (or the American Rescue Plan ESSER). Reportedly, MDE has received and allocated at least 90% of approximately $5.6 billion dollars in ESSER funds to local schools...
FOIA’s short deadlines coupled with the often-voluminous FOIA records requests can make it difficult to produce requested records within the statutorily required timeframe. Timely response to a FOIA request is a legal requirement, even if the request is received just before or during a school break. Under FOIA Section 5, a public school must respond to a FOIA request within five business days after the request is “received.” A FOIA request sent via U.S. Mail is considered “received” the day...
Securities and Exchange Commission Rule 15c2-12 governs continuing disclosure. Under this rule, a school issuing most bonds must enter into an agreement to provide certain information on an annual basis to the Municipal Securities Rulemaking Board (MSRB) about those bonds and the school. The annual disclosures are intended to update bondholders about the financial health and operating conditions of the school over time. These disclosures are available to investors and the public on the...
If it seems that your students’ New Year’s resolutions did not include better behavior at school, you are not alone. Building administrators must remember that not all discipline proceeds in the same way. School officials must ensure that students with disabilities receive applicable IDEA and Section 504 protections, which may include a manifestation determination review (MDR). Below are tips to ensure that your school’s MDR practice is legally compliant.
Tip #1: Conduct a Timely...
As 2024 begins, we remind school officials to update board policies affected by the 2023 legislative changes to the Michigan Public Employment Relations Act (PERA), State School Aid Act (SSAA), Revised School Code (RSC), and Teachers’ Tenure Act (TTA).
Amendments Requiring Policy Changes
The amendments enacted in 2023 alter the landscape of school governance. A non-exhaustive list of topics addressed by these amendments includes mandatory and...