The U.S. District Court for the Eastern District of Michigan recently ruled that a school did not violate a student’s Fourth Amendment search and seizure rights or his Fourteenth Amendment due process rights when it expelled him for making a threat about bringing a gun to school. Halasz v Cass City Public Schools, Case No. 1:22-cv-13158 (May 23, 2025). The decision provides useful reminders about making legally sound student discipline decisions.
On December 6, 2021, a week...
On June 12, 2025, the U.S. Supreme Court unanimously eliminated the heightened protection public schools had against liability for compensatory damages in cases involving Section 504 of the Rehabilitation Act (Section 504) or Title II of the Americans with Disabilities Act (ADA). AJT v Osseo Area Schools, Docket No. 24-249 (2025). It will now be easier for a person to prevail against a public school in a disability discrimination lawsuit if the allegation involves provision of...
Michigan law requires public schools to adopt their annual budgets by June 30th each year. A taxing entity, including a school district or ISD, must satisfy the truth-in-taxation process if its anticipated operating tax revenue will exceed what it collected in the previous fiscal year (with exceptions for certain taxable additions). Elements of this process include: (1) publishing a newspaper notice, (2) holding a truth-in-taxation public hearing, and (3) approving resolutions proposing and...
On March 28, 2025, U.S. Secretary of Education Linda McMahon issued a Dear Colleague Letter (DCL) pledging to enforce compliance with the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA). FERPA grants parents the right to review, inspect, and amend their child’s education records and to restrict disclosure of...
With graduation approaching, school officials should consider common graduation-related legal issues and our recommendations for addressing those issues.
Withholding Diplomas and “Walking” at Graduation
The end of the school year is sometimes accompanied by senior pranks and other student misconduct, which may cause school officials to consider withholding a student’s diploma as a disciplinary action. Withholding an earned diploma deprives a student...
As detailed in our February 24, 2025 E-Blast, and updated in the March 2025 School Law Notes, the Michigan Earned Sick Time Act (ESTA) took effect on February 21, 2025. For a school that frontloads ESTA leave time at the beginning of the school’s...
As the school year winds down, school officials should review the legal requirements and best practices for incorporating student growth and assessment data into teacher evaluations to avoid common evaluation mistakes.
Student Growth and Assessment Data
Revised School Code (RSC) Section 1249 requires school officials to consider student growth and assessment data or student learning objectives in a teacher’s year-end evaluation. Section 1249 defines...
There are many benefits, and some complications, to hiring retirees as teachers. One complication is recognizing and avoiding arrangements that constitute age discrimination. Michigan’s ELCRA and the federal Age Discrimination in Employment Act (ADEA) prohibit discrimination against employees because of age in hiring, firing, promotion, layoff, compensation, benefits, job assignment, and training. Under the ADEA, an employee must be 40 years of age or older to be in the protected category....
The Individuals with Disabilities Education Act (IDEA) requires an individualized education program (IEP) team to consider and document in the IEP whether a student with a disability qualifies for extended school year (ESY) services.
ESY is specialized instruction and related services provided beyond the normal school year, such as during summer vacation or other school breaks. ESY’s purpose is to maintain skills – not to work on obtaining new skills. A student...
When schools seek to purchase new equipment (e.g., buses, copiers, or tablets), vendors frequently offer financing packages in the form of a lease purchase agreement (LPA) or other type of financing lease with a third-party leasing company. Though seemingly straightforward, the terms contained in LPAs can be extremely detrimental to schools.
LPAs are different from “true” leases and rental agreements. In a true lease, the leasing company typically remains the equipment owner. With an...