The Equal Employment Opportunity Commission (EEOC) recently issued new regulations implementing the Pregnant Workers Fairness Act (PWFA). As reported in our April 27, 2023 edition of School Law Notes, the PWFA became effective on June 27, 2023 and renders the following pregnancy-related conduct by employers (including schools) with at least 15 employees unlawful:
The Michigan Finance Authority’s (MFA) August 2024 state aid note program materials, including the loan application, cash flow form, instructions, and financing schedule, are now available on the MFA’s website at www.michigan.gov/treasury/finance/mfa/note. The general powers school district and ISD deadline for filing application materials with the MFA is Tuesday, July 2, 2024.
PSAs can find applicable...
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 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 the teacher’s two most recent annual year-...
On April 19, 2024, the U.S. Department of Education released long-anticipated new Title IX regulations addressing school-based sexual harassment. Although the 2024 regulations relax some of the 2020 requirements, they also expand the definition of sex-based harassment and add protections regarding pregnancy discrimination. The new regulations, which carry the full force of law, take effect on August 1, 2024 and apply to any alleged conduct that occurs on or after that date.
The new...
Far too often, IEP Teams gloss over or fail to discuss whether a special education student is entitled to extended school year (ESY) services. Even if a robust discussion occurs, the prior written notice rarely explains why ESY was rejected or included. If the school finds itself in a due process hearing defending an IEP with this deficit, a procedural violation is guaranteed and a substantive violation is possible. Remind your IEP Teams to discuss ESY, consider all eligibility factors, and...
As this school year wraps up, school officials should begin reviewing and revising student handbooks for the 2024-25 school year. A comprehensive and well-written student handbook is an important tool to ensure compliance with state and federal law, support student discipline decisions, and reduce the risk of litigation and other disputes.
Thrun offers a model student handbook for both our Thrun Policy Subscribers and non-subscribers. The Thrun Policy Subscriber version of the student...
Michigan law requires that public schools adopt their annual budgets before July 1, which is the beginning of the fiscal year. A taxing entity, including a school district or ISD, must implement 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...
As schools enter contract negotiations with unions representing professional staff, board negotiators must consider the Michigan Teachers’ Tenure Act (the “Act”) before agreeing to terms that implicate teacher evaluation, discipline, placement, and layoff/recall systems. For example, a teacher placement or layoff/recall system that prioritizes tenured teachers over probationary teachers violates Article II, Section 2a of the Act, which states: “A probationary teacher who is rated effective...
Many public officials, including school board members and administrators, maintain an active social media presence in their individual capacities. On March 15, 2024, the U.S. Supreme Court ruled in a unanimous opinion that a government official’s “comments” and “likes” on their personal social media account may constitute state action and implicate the First Amendment. Lindke v Freed, 601 US __ (2024).
James Freed converted his private Facebook page to a public figure “page...
School officials must remember to comply with one of the Open Meetings Act’s (OMA) often misunderstood provisions: closed sessions. For Thrun Policy Service subscribers, Thrun Policy 2501 provides detailed instructions for OMA and closed session compliance.
Entering Closed Session
The OMA permits a school board to enter closed session for several different purposes through an appropriate motion and vote. A two-thirds roll call vote of those board...