Board Counsel
Michigan Moves Toward Silencing Cell Phones in Class
On February 10, 2026, Governor Whitmer signed Public Act 2 of 2026, which restricts student cell phone use during instructional time. Beginning with the 2026-2027 school year, a board of education must implement a policy that prohibits students from using wireless communications devices on school grounds during instructional time. The new law defines “wireless communication…
Read MoreConfidentially Yours: Attorney-Client Privilege for Schools
Recent developments related to SSAA Section 31aa funding have put the attorney-client privilege squarely in the spotlight for Michigan schools. Understanding the attorney-client privilege, as well as how it can be maintained or lost, is critical now more than ever for school officials. What Is the Attorney-Client Privilege? The attorney-client privilege is one of the…
Read MoreDeck the Halls Without a Lawsuit
Every year, school officials unwrap the dilemma of how schools can celebrate the winter holidays without landing on the constitutional naughty list. School celebrations occasionally involve religious content that implicates the First Amendment’s Establishment Clause. Under the Establishment Clause, a school must maintain religious neutrality and therefore may not endorse or promote religion. In 2022,…
Read MoreReminder: Budget and Financial Information Posting Requirements
School is out for the summer, and the fiscal year 2025-26 budget has been adopted, so administrators can finally rest, right? Almost! School officials must comply with State School Aid Act (SSAA) Section 18, which establishes a deadline for posting the school’s annual budget and certain required financial information. Budget Posting and Expenditure Displays Within…
Read MoreSecretary of Education Issues DCL on FERPA and Parental Rights
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…
Read MoreDisable the Risks of AI Note-taking
AI note-taking tools, such as those used by Zoom, Microsoft Teams, or Google Meet, offer convenience. Those tools streamline administrative tasks by generating meeting summaries, highlighting key discussions, identifying speakers, creating charts, providing task lists, and more. But using AI note-taking tools for some school meetings risks violating the Family Educational Rights and Privacy Act…
Read MoreSchool Board Member Voting Abstention
Michigan law suggests that a school board member who is present at a board meeting has a fiduciary duty to vote on every motion that comes before the school board unless a statute permits abstention. A board member who abstains from voting absent a statute permitting abstention is arguably neglecting the duties of their public…
Read MoreMore New Asbestos Legislation
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…
Read MoreBudget and Financial Information Posting Reminder
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…
Read MoreReady or Not – It’s Time to Review Student Handbooks!
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…
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