Student Matters
Dancing Around Legal Landmines: Prom Guidance
Prom season is fast approaching – along with a myriad of related legal issues. To navigate those concerns, school officials should be aware of the following best practices to ensure a successful celebration. Attendance Attending prom is a privilege, not a constitutional right. School officials may revoke that privilege if a student fails to comply…
Read MoreMichigan 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 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 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 MoreLife Moves Fast – So Does the Truancy Process
Bueller? Bueller? While a legendary day off made an iconic movie plot, the reality of student absenteeism is a far less glamorous challenge for schools. This article will help school officials better understand the truancy process so they are not left feeling like Principal Rooney. Truancy versus Educational Neglect Truancy and educational neglect are often…
Read MoreUnion Representatives and FERPA Rights
Teachers often wear many hats, and a teacher’s authority to access student records shifts in these different roles. A teacher acting in the capacity of a union representative typically does not have authority to access student education records without parental consent. The Family Educational Rights and Privacy Act (FERPA) defines “education records” as records, files,…
Read MoreSchool Sports FAQs: Discipline, Eligibility, & Forms
The fall sports season is almost ready to kick off, so school officials should be ready to tackle issues related to student-athlete discipline, eligibility, physicals, annual consent forms, concussion awareness, and transfers. The below frequently asked questions (FAQs) will assist school officials with addressing questions about student athletics. Michigan High School Athletic Association (MHSAA) member…
Read MoreSchools of Choice Refresher
With the new school year approaching, now is the perfect time to review your school district’s schools-of-choice procedural requirements to ensure compliance for the year ahead. The State School Aid Act (SSAA) allows an enrolling district to count non-resident students in its membership without resident district approval under specific circumstances. Schools of choice is one…
Read MoreTitle IX Training Reminders
With a new school year almost upon us, now is a good time to review your school’s Title IX policies, procedures, and training protocols. Schools must have a sexual harassment policy and grievance procedures that comply with the 2020 Title IX regulations, which became effective again on January 9, 2025, when a federal court vacated…
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