News from Thrun Law

As reported in the April 30, 2020 edition of School Law Notes, a panel of the Sixth Circuit Court of Appeals issued a groundbreaking decision, ruling 2-1 that stu­dents have a constitutional right to a basic minimum education (i.e., a right to foundational literacy). Gary B. v Whitmer, Case No. 18-1855/1871 (CA 6, 2020). The Sixth Circuit did not award the students their requested relief. Instead, it sent the lawsuit back to the federal district court for a determination...

The CARES Act, a federal economic stimulus package enacted in response to COVID-19, allocated $30.75 billion in emergency relief funds for schools. On April 29, 2020, the U.S. Department of Education (USDOE) approved MDE’s application for the Elemen­tary and Secondary School Emergency Relief Fund (ESSER), one of several funds available to educational institutions under the CARES Act. As a requirement of receiving ESSER funds, a local educational agency (LEA) must provide equitable services...

With funding cuts inevitable for the 2020-21 fiscal year, it may be necessary for schools to eliminate or combine positions and lay off staff members. The legal and contractual requirements for layoffs vary greatly between employee groups and are dependent on statutory provisions, collective bargaining agreements, individual contracts, and board policy. Failure to adhere to legal and contractual requirements could negate the layoff and lead to potential liability.

The layoff process...

Given the present circumstances, it may be easy to forget to provide employees “reasonable assurance” for a job in the 2020-21 school year. Under the Michigan Employment Security Act, schools should provide em­ployees with reasonable assurance that they will have a position for the following school year. The reasonable assurance is not a guarantee of employment but is, instead, a good faith belief that a position will be available for the employee the following school year.

Providing...