Litigation, Administrative Law, And Appeals
Digital Accessibility: Time to Level Up
Michigan schools are entering a new era of digital accessibility. The Department of Justice recently issued a final rule (Rule) under the Americans with Disabilities Act (ADA) setting technical accessibility standards for school websites and mobile applications. Understanding the Rule’s requirements is the first step toward compliance. Web Content Accessibility Guidelines Generally, the Rule requires…
Read MoreDeadline to Join PowerSchool Litigation Fast Approaching
As announced in our September 30, 2025 E-Blast, schools nationwide are joining a lawsuit against PowerSchool and related defendants concerning the December 2024 PowerSchool data breach and PowerSchool’s alleged contract breaches, specifically MDL No. 3149 in the United States District Court for the Southern District of California. To join the litigation, your board must approve a…
Read MoreSixth Circuit Blocks Ohio School from Disciplining Students for Use of “Biological Pronouns”
An en banc panel of all 17 judges on the Sixth Circuit Court of Appeals, whose decisions are binding on Michigan schools, recently ruled that a parent group was likely to succeed on the merits of its claim that an Ohio school violated students’ free speech rights when it prohibited them from using “biological pronouns”…
Read MoreSixth Circuit Affirms “Let’s Go Brandon” Decision
On October 14, 2025, the Sixth Circuit Court of Appeals, whose decisions are binding in Michigan, upheld a ruling allowing public schools to censor student speech reasonably determined to be vulgar. B.A. v Tri Co Area Schs, No. 24-1769 (CA 6, 2025). As reported in our September 26, 2024 edition of School Law Notes, this…
Read MoreSixth Circuit Court: Search and Seizure of School Employee Deemed Constitutional
A recent unpublished Sixth Circuit Court of Appeals decision highlights the Fourth Amendment rights regarding searches and seizures of school employees. Lawson v Creely, Docket No. 24-5649 (CA 6, March 26, 2025). Holly Lawson, a guidance counselor, sued her former school board and school officials, alleging that school employees violated her constitutional rights when they…
Read MoreParents Challenge Expulsion: Lessons From a Recent Michigan Case
The U.S. District Court for the Eastern District of Michigan recently ruled that a school did not violate a student’s Fourth Amendment search and seizure rights or his Fourteenth Amendment due process rights when it expelled him for making a threat about bringing a gun to school. Halasz v Cass City Public Schools, Case No.…
Read MoreU.S. Supreme Court Rejects “Bad Faith” Standard in Disability Discrimination Cases
On June 12, 2025, the U.S. Supreme Court unanimously eliminated the heightened protection public schools had against liability for compensatory damages in cases involving Section 504 of the Rehabilitation Act (Section 504) or Title II of the Americans with Disabilities Act (ADA). AJT v Osseo Area Schools, Docket No. 24-249 (2025). It will now be…
Read MoreReminder: November 27, 2024 Insulin Litigation Deadline
As announced in our August 20, 2024 E-Blast and August School Law Notes, entities nationwide are joining a lawsuit against insulin manufacturers, pharmacy benefit managers, and others accused of artificially inflating insulin prices at the expense of employers and health plan entities, including insurance pools. The defendants include, among others, Eli Lilly and Company, Novo…
Read MoreMichigan Supreme Court Revives Sick Time and Minimum Wage Laws
The Michigan Supreme Court recently held that the Michigan Paid Medical Leave Act (PMLA) and the amended Michigan Improved Workforce Opportunity Wage Act (Wage Act) are unconstitutional and void. Mothering Justice v Attorney General, No. 165325 (July 31, 2024). The Court determined that the Earned Sick Time Act (ESTA) and a previous version of the Wage…
Read MoreDue Process: Do’s and Don’ts of Special Education Litigation
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…
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