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...
Revised School Code Section 1229 establishes deadlines, timelines, and procedural requirements to nonrenew an administrator’s employment contract. To comply with the statute, the nonrenewal process must begin at least 90 days before the employment contract terminates (e.g., April 1 for a contract that ends June 30). The sample timeline below is based on the minimum number of days that a board needs to proceed with nonrenewal of a contract that terminates on June 30:
...The Sixth Circuit Court of Appeals, whose decisions are binding on Michigan schools, recently issued a decision interpreting Title IX. S.C. v Metropolitan Government of Nashville & Davidson County, Tennessee, Docket No. 22-5125 (CA 6, November 15, 2023). This decision provides a framework for school officials handling Title IX claims.
S.C., a high school student at Metro Nashville Public Schools (District) was recorded engaging in sexual activity with a classmate on...
Between the escalating conflicts abroad and the United States’ divisive political climate, schools are likely experiencing an increase in political student speech. Before imposing restrictions on this speech, school officials must consider the following student speech essentials.
The U.S. Supreme Court has considered and issued opinions regarding student speech in the following contexts:
With the upcoming February 27, 2024 presidential primary election, campaign season will soon be upon us. School officials (and their consultants) should remember their responsibilities under the Michigan Campaign Finance Act (MCFA).
Advocacy Prohibition
MCFA Section 57 prohibits a public body, including a school, from using its public resources for advocacy. “Advocacy” includes the use of words expressly urging for the support or defeat of a...
Schools that issued tax credit bonds on or before December 31, 2017 must annually complete and file Form 1097-BTC with the IRS. For tax year 2023, Form 1097-BTC must be filed by mail by February 28, 2024 or filed electronically by April 1, 2024.
Tax credit bonds differ from conventional school bonds because the bond purchaser receives a...
Thrun Law Firm announces the well-deserved retirement of our colleague and friend, Matt Hiser, who will retire on December 31 after 15 years of exemplary service to this Firm and our public school clients. Matt came to the Firm in 2008 with 17 years of experience.
During his 32-year career, Matt served Michigan school districts as bond...
As the school year’s midpoint approaches, school officials responsible for teacher evaluations should turn their attention to midyear progress reports. Revised School Code Section 1249 requires that school officials complete midyear progress reports for all first-year probationary teachers as well as all tenured and probationary teachers rated “minimally effective” or “ineffective” in their most recent annual year-end evaluation. It is also prudent to conduct a midyear progress report for...
With the excitement of the holiday season, finance-related filings may be the last thing on school officials’ minds. Nevertheless, they must remember two important end-of-the-calendar year deadlines.
Continuing Disclosure
If your school has outstanding bonds, your school likely entered into a “continuing disclosure agreement” (CDA). A CDA requires school officials to submit certain “continuing disclosure” documents annually to the Municipal Securities Rulemaking Board...
Imagine this: A parent submits a request for their student’s records and all internal staff emails that include the parent’s or student’s name. What do you do? Responding to this cumbersome request requires school officials to comply with both the Family Educational Rights and Privacy Act (FERPA) and the Freedom of Information Act (FOIA).
FERPA First
FERPA is a federal law that protects the privacy of student education records. FERPA applies...