Under the Telecommunications Act of 1996, the Federal Communications Commission (FCC) established the Universal Service Fund (USF) to finance programs to expand access to communications services. The USF’s E-rate program assists schools and libraries with accessing affordable telecommunication and internet services.
Recently, the Fifth Circuit Court of Appeals questioned the USF’s existence, holding that it is financed by an unconstitutional contribution system. Consumers’...
In April, the Federal Trade Commission (FTC) published a Final Rule that prohibits most non-compete clauses, which was set to take effect on September 4, 2024. The Final Rule would have made it easier for a school to hire or contract with an individual who is subject to a non-compete clause. A Texas federal district court recently ruled that the FTC exceeded its authority and that the Final Rule was arbitrary and capricious, largely due to the prohibition’s scope. Ryan LLC v FTC, No...
In our May 2024 School Law Notes, we reported the enactment of the Public Entity Asbestos Removal Disclosure Act, which imposed a new contractor affidavit requirement for school friable asbestos abatement projects, and amendments to the Michigan Occupational Safety and Health Act, which added penalty provisions for asbestos-related violations.
Governor Whitmer recently signed into law two additional asbestos-related public acts that will impact school friable asbestos...
MDE issued a memo on June 27, 2024 reminding Michigan public schools of student immunization requirements.
Every Michigan public school student must have a current immunization certificate or valid waiver when they register (or no later than the first day of school) for kindergarten and 7th grade, and whenever a student enrolls...
School begins soon, and now is a great time to review general student enrollment and records requirements for new and transferring students.
First Time Enrollment and Proof of Identity and Age
The Revised School Code (RSC) Section 1135 requires a school to notify the person enrolling a student for the first time that they must provide, within 30 days, either: (1) a copy of the student’s birth certificate; or (2) other reliable proof, as determined by...
The status of the 2024 Title IX regulations has been in flux since the U.S. Department of Education (USDOE) released them in April 2024. Scheduled to take effect on August 1, 2024, federal courts have halted USDOE’s enforcement of the regulations in at least 15 states and at the schools identified in this list. Michigan is not one of the 15 states. Only nine Michigan schools are on the...
Due process litigation under the Individuals with Disabilities Education Act (IDEA) has significantly increased in Michigan over the past three years. Though receiving a due process complaint is unpleasant, knowing the right steps to take will position your school for the best possible resolution. Summarized below are important steps school officials should take upon receiving a complaint.
A recent ruling of the U.S. District Court for the Eastern District of Michigan involving Ann Arbor Public Schools demonstrates the importance of properly handling suspected child abuse. In its opinion, the court partially denied the district’s motion to dismiss claims against the district, its elementary principal, and the contracted bus transportation company, stemming from multiple incidents of alleged child abuse. See Nelson-Molnar v Ann Arbor Pub Sch, Docket No. 23-CV-11810 (ED...
School officials may think that they are in the clear concerning financial steps once the school board adopts its budget for the 2024-25 school year. But wait, there’s more! School officials also must comply with State School Aid Act (SSAA) Section 18, which establishes the deadline for posting the school’s annual budget and required financial information.
Budget Posting and Expenditure Displays
Within 15 days after the school board adopts its annual...
The Fair Labor Standards Act (FLSA) regulates minimum wage, overtime pay, and other requirements, which may affect school employees. The Department of Labor (DOL) has issued numerous rules that interpret and administer the FLSA. The DOL recently issued a rule entitled Defining and Delimiting the...