To avoid an unintended contract extension or acquired tenure status, school officials must follow the applicable timelines and procedures to non-renew a probationary teacher’s contract.
Probationary Period
Following recent Teachers’ Tenure Act amendments, effective April 2, 2025, to acquire tenure, teachers must: (1) receive an “effective” or “highly effective” evaluation rating on three year-end performance evaluations, including their most recent...
Public Act 209 of 2024, effective April 2, 2025, adds Revised School Code Section 1300, which will require schools to allow a Native American individual to wear traditional regalia and bring traditional objects to ceremonies of honor. Notably, this law will apply to this school year’s graduation ceremonies.
“Traditional regalia” means any cultural, religious, or ceremonial clothing or wearable items representing a Native American’s tribal or ancestral traditions.
“Traditional...
As detailed in our January 24, 2025 E-Blast, the U.S. Department of Homeland Security (DHS) recently rescinded its “protected areas” policy, meaning that Immigration and Customs Enforcement (ICE) agents are no longer directed to avoid immigration enforcement actions in schools. In turn, MDE also recently released two memos addressing immigration in public schools.
The...
Section 504 of the Rehabilitation Act of 1973 is a federal civil rights statute that prohibits recipients of federal funds from discriminating against individuals with disabilities. In addition to an increase in complaints filed with the U.S. Department of Education’s Office for Civil Rights (OCR), we also are seeing an increase in parent requests for Section 504 hearings. Section 504 hearings require a neutral hearing officer and the presentation of testimony and other evidence. This month...
For 2025, the regular election dates for millage or bond proposals are:
May 6
August 5
November 4
While January’s blistering cold makes springtime feel far away, schools interested in placing a millage or bond proposal on the May ballot should contact their election attorney right away. A certified copy of the board resolution approving ballot language for a millage or bond proposal must be filed with the school’s election coordinator (typically...
As reported in our August 29, 2024 School Law Notes, the Michigan Supreme Court recently declared the Michigan Paid Medical Leave Act (PMLA) void and ruled that the Employee Sick Time Act (ESTA) be implemented in its place effective February 21, 2025. Mothering Justice v Attorney General, MSC Docket No. 165325 (July 31, 2024). As schools prepare to implement the...
The chaotic, drama-filled final weeks of the Michigan Legislature’s 2023-2024 Session resulted in the Legislature’s passage of approximately 100 bills, including some that impact schools.
Public Employer Medical Benefit Plan Contributions
As detailed in our January 4, 2025 E-Blast, the Michigan Legislature passed House Bill 6058 on December 20, 2024 which, if signed by...
Governor Whitmer recently signed into law Public Act 161 of 2024 (PA 161), Public Act 162 of 2024 (PA 162), and Public Act 163 of 2024 (PA 163). These new laws outline requirements for stop-arm cameras, establish camera-based violations, and allocate the accompanying funds from the civil fines to the school. These acts are set to take effect 91 days after the 2024 Legislature adjourns sine die; we expect the effective date to be in late March 2025.
PA 161 revises the Michigan...
In November’s edition of School Law Notes, we wrote about The ABCs of Student Behavior Management: BIPs, FBAs, & PBIS. The U.S. Department of Education’s Office of Special Education and Rehabilitative Services (OSERS), however, almost simultaneously issued new guidance entitled,...
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 office, which is prohibited under the Michigan Penal Code. Both the Revised School Code (RSC) and the Contracts of Public Servants with Public Entities Act,...