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This month’s Back to Basics article focuses on the hearing process to contest worker unemployment claims. School officials must be mindful of the applicable timelines and procedures to contest claims.
Denying & Contesting Claims
Unemployment compensation is paid to workers who are unemployed through no fault of their own. If a worker becomes unemployed because of his or her own actions, such as by quitting or being fired for misconduct, he or she should be...
The Michigan Finance Authority’s (MFA) August 2022 state aid note program materials, including the loan application, cash flow form, instructions, and calendar, are now available on the MFA’s website at www.michigan.gov/treasury/finance/mfa/note.
The general powers school district and ISD filing deadline to file application materials with the MFA is Tuesday, July 5, 2022.
Public school academies...
With an increasing number of unemployment claims filed by unemployed or underemployed workers, school officials must be mindful of the statutory timelines and procedures when contesting claims.
Generally, unemployment benefits are provided to mitigate the impact from the sudden loss of income due to unemployment. The right to such benefits is governed by the Michigan Employment Security Act (MESA), which is administered by the Michigan Unemployment Insurance Agency (UIA). MESA’s...
Many school officials have reported a new challenge related to COVID-19: fewer vendors are submitting bids on requests for proposals (RFPs) for construction projects and materials, supplies, and equipment. Some vendors appear reluctant to take on school construction projects due to the limited availability and rising costs of building materials.
When Are Bids Required?
Michigan law requires schools to engage in competitive bidding in the following...
School officials continue to navigate legal, political, and familial issues when responding to a transgender student’s request to use the student’s preferred name and pronouns at school and to access facilities consistent with the student’s gender identity. Although no Michigan or federal statute expressly prohibits discrimination based on a person’s transgender status or gender identity, federal courts, including the U.S. Supreme Court, have interpreted Title VII, Title IX, and the Equal...
As this academic year winds down, many school boards are in the process of hiring a new superintendent. We remind boards that they must comply with the Open Meetings Act (OMA) when evaluating, interviewing, and selecting a new superintendent.
The OMA’s intent is to facilitate public access to official governmental decision-making and to promote transparency in government. To further that interest, the OMA requires that all school board meetings be open to the public, except for...
As this school year wraps up, school officials should begin reviewing and revising student handbooks for the 2022-23 school year. A comprehensive and well-written student handbook is an important tool to ensure compliance with state and federal law, support student discipline decisions, and reduce the risk of litigation and other disputes.
Disclaimer Language
School officials should consider including language at the beginning of the student...
The Sixth Circuit Court of Appeals recently ruled that a participant in a conversation does not violate Michigan’s eavesdropping statute by recording the conversation without the consent of the other parties. Fisher v Perron, Docket No. 21-1184 (CA 6, 2022). This decision, especially in light of the Michigan Supreme Court’s refusal to review this issue in a different case, reaffirms that Michigan is a one-party consent state for recordings.
In this case, Mr. Fisher alleged...
With high school graduation fast approaching, school officials should be aware of the following graduation-related legal issues.
Diplomas and “Walking” at Graduation
The end of the school year may usher in “senioritis” along with senior pranks, tempting school officials to withhold a student’s diploma as a disciplinary action. School officials who do so risk legal exposure because withholding an earned diploma deprives an individual of a...
The U.S. Supreme Court unanimously ruled that a college board of trustees did not violate a board member’s free speech rights by censuring him and temporarily barring him from board officer positions. Houston Community College System v Wilson, Docket No. 20-804 (March 24, 2022).
David Wilson was an elected official on the Houston Community College System’s Board of Trustees. He was not, however, popular with his fellow trustees. Wilson frequently disagreed with them,...