News from Thrun Law

This month’s Back to Basics article addresses the legal parameters of student searches. When conducting a student search, school officials must understand and evaluate the Fourth Amendment issues that may be implicated.

The Fourth Amendment to the U.S. Constitution guarantees “the right of the people to be secure in their persons, houses, papers, and effects, against unreason­able searches and seizures” from the State, including public schools. Generally, students have a reasonable...

On September 29, 2021, Governor Whitmer signed the 2022 state budget bill, Public Act 87 of 2021(PA 87). PA 87 includes a pro­vision that prohibits and penalizes local health departments from issuing or enforcing certain COVID-19 orders or directives. We ad­dressed the impact of PA 87 on schools in our September 27, 2021 E-Blast, recommending that if a local health officer issues or main­tains an order requiring face masks in schools, school officials should contact their local...

The recent surge of FOIA requests received by many Michigan schools provides a timely opportunity to focus this month’s Back to Basics article on FOIA requirements.

Reviewing Requests

School officials often ask whether they must respond to a FOIA request if it is a “scam” or “not legiti­mate.” As a public body, a school is required to respond to all FOIA requests unless the requester is incarcer­ated in a state or local correctional facility or the re­quest...

In last month’s School Law Notes, we provided a brief overview of the legal standards for student religious exemption requests. Em­ployee exemption requests, however, involve different considera­tions, which we review below.

Free Exercise of Religion

The U.S. Supreme Court has consistently held that the First Amendment’s right to free exercise of religion does not relieve a per­son of the obligation to comply with valid and neutral laws of general...