Governor Whitmer signed into law Public Act 45 of 2020, effective June 1, 2020, which amends the Construction of School Buildings Act to permit a temporary door locking device or system to be installed in school buildings. The Act clarifies that this installation does not violate the Fire Code.
A “temporary door locking device or system” (lockdown device) is an “anchoring mechanism or system installed on the interior side of a door that, when engaged, secures the door against forced...
Distance learning presents unique and difficult challenges, especially for students with disabilities. School officials continue to struggle with how to provide effective special education programming while still meeting their legal requirements under the Individuals with Disabilities Education Act and Michigan law.
The Michigan Department of Education Office of Special Education (MDE-OSE) recently released its Guidance for Compliance with the Individuals with Disabilities...
As the end of the school year approaches, school officials must make important and timely personnel decisions about the continued employment of probationary teachers and follow the applicable timelines and procedures to nonrenew a probationary teacher’s contract. The COVID-19 crisis and the Governor’s Executive Orders did not suspend or extend the probationary teacher nonrenewal timelines. Acting outside of the required timelines and procedures will result in an unintended contract...
In a landmark ruling, the Sixth Circuit Court of Appeals recently held that students have a constitutional right to a “basic minimum education,” meaning access to a foundational level of literacy. Gary B. v Whitmer, Case No. 18-1855/1871 (CA 6, 2020). For the first time, a court has ruled that the U.S. Constitution requires the State to provide an education with quality standards.
Since the 1990s, the Detroit Public Schools (DPS) has been subject to State control through...
Three years ago, the Michigan Legislature amended the Revised School Code to prohibit the use of seclusion and restraint in schools except in emergency situations. An “emergency situation” occurs when a student’s behavior poses an imminent risk to the safety of the student or others.
School officials continue to confront legal and practical issues related to emergency seclusion and restraint, particularly in identifying whether an action constitutes seclusion or restraint. The...
To assist our clients with questions about specialized employee benefits, Thrun has developed a close relationship with Steven D. Lowe, P.C. The following article was drafted by Attorney Steven Lowe. Questions about those topics may be directed to him at (517) 575-0720.
By Steven Lowe, Steven D. Lowe, P.C.
Many school officials are familiar with Health Reimbursement Arrangements (HRAs) and understand that they are a type of employer-funded,...
The Ninth Circuit Court of Appeals recently ruled that a school’s communication plan, restricting a parent’s communications with school staff to biweekly in-person meetings with two administrators, did not violate the parent’s First Amendment rights. LF v Lake Washington Sch Dist, Case No. 18-35792 (CA 9, 2020). Although not binding in Michigan, this decision suggests that schools may set reasonable limits on parent communications with school staff.
A parent sent school...
Boards planning to nonrenew an administrator’s employment contract must comply with the timelines and procedural requirements in Revised School Code Section 1229. We recommend starting the statutory nonrenewal process no later than March 13 for contracts which expire on June 30. Failure to follow the statutory nonrenewal process (or related contract provisions) may result in an administrator’s contract automatically renewing for an additional year.
The multi-step nonrenewal process...
As reported in last month’s School Law Notes, the Thrun Policy Manual is now available to order. Our policies are designed to be legally compliant and provide school officials with guidance and flexibility in a well-organized and user-friendly format. Please see the attached order form for relevant information about the Thrun Policy Service.
If you have questions about the Thrun Policy Service or board policies in general, we encourage you to watch a video presentation...
