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The Student Privacy Policy Office (SPPO), the federal agency that administers the Family Educational Rights and Privacy Act (FERPA), recently issued guidance for school officials regarding student health records. The guidance confirms that student health records may...
With collective bargaining season underway, many schools have experienced an increase in Public Employment Relations Act (PERA) information requests. A school’s failure to timely or appropriately respond to a PERA information request may result in an unfair labor practice charge.
Reviewing Requests
A school’s duty under PERA to bargain in good faith includes the duty to produce relevant information requested by a union if there is a reasonable probability that the...
Does your school have any teachers who were rated ineffective? Have you hired a new teacher who was recently rated ineffective by another school? If your answer is “yes” to either question, be aware that Revised School Code (RSC) Section 1249a prohibits a school district, intermediate school district, or public school academy from assigning a student to be taught in the same subject area for two consecutive years by a teacher who was rated ineffective on his or her two most recent annual...
Governor Whitmer signed Public Act 7 of 2023 into law, repealing the third grade reading and retention provisions. PA 7 is expected to take effect in late March 2024, but is technically effective 91 days after the 2023 Legislature’s final adjournment in December.
Revised School Code Section 1280f currently requires schools to retain third-grade students who are not able to read at grade level. Subject to a good-cause exemption, a third-grade student is not allowed to enroll in fourth...
With high school graduation approaching, school officials should be aware of common graduation-related legal issues and recommendations for addressing them.
Diplomas and “Walking” at Graduation
The end of the school year is often accompanied by senior pranks, which may cause school officials to consider withholding a student’s diploma as a disciplinary action. Withholding an earned diploma, however, deprives an individual of a constitutionally...
Michigan law requires that public schools adopt their annual budgets before the beginning of the fiscal year (July 1). A taxing entity, including a school district or ISD, must follow a truth-in-taxation process if its anticipated operating tax revenue will exceed what it collected in the previous fiscal year (with exceptions for certain taxable additions). This process includes: (1) publishing a newspaper notice, (2) holding a truth-in-taxation public hearing, and (3) approving resolutions...
Spring is in the air! It is time to refresh, renew, and according to the Michigan Legislature, repeal and reinstate. Most notably, Public Act 10 of 2023 reinstates prevailing wage for state construction projects. PA 10 is expected to take effect in late March 2024, but is technically effective 91 days after the 2023 Legislature’s final adjournment in December. The actual date of adjournment is in the Legislature’s discretion.
PA 10 requires the payment of prevailing wage in a manner...
When school officials consider purchasing new equipment (e.g., buses, copiers, or tablets), vendors sometimes offer financing packages that use a lease purchase agreement (LPA) or other financing lease with a third-party leasing company.
LPAs are different from true leases and rental agreements. Unlike a true lease, an LPA transfers equipment ownership to the school. In exchange, the school pledges general fund dollars to make lease payments over time, which include interest that the...
The U.S. Department of Labor recently issued guidance on compensating nonexempt teleworking employees in compliance with the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). The new guidance is titled Field Assistance Bulletin No. 2023-1.
The Workday and Breaks
Per the new guidance, the workday generally...
The Individuals with Disabilities Education Act (IDEA) provides schools and parents of students with disabilities administrative procedures to address special education concerns (e.g., due process hearings and state complaints). Generally, parents and students seeking relief available under the IDEA must first exhaust the IDEA’s administrative procedures before filing a federal lawsuit. In a case originating in Michigan, the U.S. Supreme Court recently clarified that the IDEA’s exhaustion...