Though perhaps not as grandiose as engravings on stone tablets, the U.S. Department of Education (USDOE) recently released guidance on constitutionally protected prayer and religious expression in schools, in accordance with the Elementary and Secondary Education Act of 1965 (ESEA). The guidance can be found here.
Constitutional Principles
Generally, the First...
The Sixth Circuit Court of Appeals, whose decisions are binding in Michigan, recently rejected a claim that a school violated the First Amendment when it suspended a student for impersonating his teacher on Instagram and posting violent and sexual content regarding other teachers. Kutchinski v Freeland Cmty Sch Dist, Case No. 22-1748 (CA 6, 2023). We discussed the lower court’s decision in the September 2022 edition of School Law Notes.
Background
...Some schools recently reported receiving a union disclaimer of interest letter, which a union uses to assert that it disclaims interest in representing a bargaining unit. Considerations are discussed below.
Collective Bargaining Agreement
Unions sometimes use disclaimer of interest letters to assert that a collective bargaining agreement (CBA) between the union and a school is void due to the union’s disclaimer of interest. That assertion is accurate...
Employee claims alleging retaliation for engaging in protected conduct are prevalent and an area of significant legal exposure. For example, a former attorney at a multinational law firm that employs hundreds of attorneys worldwide recently filed an Equal Employment Opportunity Commission (EEOC) complaint against the firm alleging she was fired for requesting maternity leave. Although she apparently received no adverse performance reviews or criticisms before her firing, the attorney was...
Visitors who wish to observe at school may disrupt the learning environment unless appropriate rules are established. Every Michigan public school should have a board policy addressing school visitors that aligns with Michigan law.
While the general public has no right to access school buildings or observe classroom activities, the Revised School Code requires schools to allow students’ parents and guardians to observe instructional activity in a class or course in which their child...
School districts and intermediate school districts may invest school funds, but Revised School Code Sections 1223 and 622 limit the types of investments. School officials should be familiar with the applicable provisions of the RSC and their school’s investment and deposit policies to ensure statutory compliance. Importantly, not every investment opportunity your bank or an investment advisor recommends is authorized by the RSC or board policy. This article highlights common investment...
The Student Privacy Policy Office (SPPO), the federal agency that administers the Family Educational Rights and Privacy Act (FERPA), recently issued guidance for school officials regarding student health records. The guidance confirms that student health records may...
With collective bargaining season underway, many schools have experienced an increase in Public Employment Relations Act (PERA) information requests. A school’s failure to timely or appropriately respond to a PERA information request may result in an unfair labor practice charge.
Reviewing Requests
A school’s duty under PERA to bargain in good faith includes the duty to produce relevant information requested by a union if there is a reasonable probability that the...
Does your school have any teachers who were rated ineffective? Have you hired a new teacher who was recently rated ineffective by another school? If your answer is “yes” to either question, be aware that Revised School Code (RSC) Section 1249a prohibits a school district, intermediate school district, or public school academy from assigning a student to be taught in the same subject area for two consecutive years by a teacher who was rated ineffective on his or her two most recent annual...
Governor Whitmer signed Public Act 7 of 2023 into law, repealing the third grade reading and retention provisions. PA 7 is expected to take effect in late March 2024, but is technically effective 91 days after the 2023 Legislature’s final adjournment in December.
Revised School Code Section 1280f currently requires schools to retain third-grade students who are not able to read at grade level. Subject to a good-cause exemption, a third-grade student is not allowed to enroll in fourth...