The Ingham County Circuit Court recently denied a parent’s attempt to stop the enforcement of a school mask rule issued by the school’s superintendent. Holland v DeWitt Pub Schs, Ingham County Circuit Court Case No. 21-12099-CZ (2022). Although not binding on other Michigan circuit courts, the decision may provide persuasive authority in challenges to similar rules issued by school superintendents.
The school’s mask rule required students and staff to wear masks at school....
Substitute teachers do not need to be teachers! Actually, it is not that simple, despite the news headlines. The recently enacted Public Act 149 of 2021 (PA 149) amends Section 1233 of the Revised School Code to permit, in certain circumstances, a school to assign a person without a teaching certificate or substitute teacher permit to a substitute teaching position if certain key requirements are satisfied. The law was effective December 27, 2021, and expires June 30, 2022.
A school...
FOIA, while a hallmark of transparency, can overwhelm school officials with its strict response timelines, potential for large record requests, and cryptic exemptions. As members of the community and media seek to understand policies, track expenses, and unearth communications involving schools, school officials – particularly FOIA coordinators – should be familiar with the contours of FOIA. Misapplying an exemption and improperly withholding records can subject the school to an appeal in...
Although the 2020 Title IX regulations are anything but “basic,” this article provides an overview of common investigatory mistakes.
Title IX Grievance Process Overview
Title IX prohibits sex-based harassment and discrimination in schools receiving federal financial assistance. Therefore, this broad prohibition applies to public elementary and secondary schools. The law protects students, employees, applicants for admission and employment, and other individuals from...
The Michigan Department of Environment, Great Lakes, and Energy (EGLE) is now implementing the 2022 Michigan Clean Diesel Program. This program seeks to subsidize the replacement of diesel vehicles, engines, and/or equipment with either (1) zero tailpipe emission vehicles, engines, or equipment or (2) hybrid or alternative fuel vehicles, engines, or equipment.
The program funds may be used to decommission and replace diesel school buses. To be eligible, a bus must be operational, have...
Thrun Law Firm is pleased to announce that Mackenzie Flynn has joined the firm as our newest associate attorney.
Mackenzie holds an undergraduate degree in History and Political Science from Central Michigan University (B.A., 2018, summa cum laude) and a law degree from the Michigan State University College of Law (J.D., 2021, cum laude).
Mackenzie is a member of the State Bar of Michigan. Her...
Dear Retainer Client:
Thrun Law Firm received word that Jeffrey J. Butler passed away yesterday evening in his home in Okemos, Michigan. Jeff had just this past Thursday joined Team Thrun after more than thirty years of legal practice in the areas of special education and disability-rights law, with...
On November 17, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance. The latest update provides school officials with information on preventing retaliation in pandemic-related employment situations in violation of federal equal employment opportunity (EEO) laws. The EEOC guidance is available at:
This month’s Back to Basics article focuses on school officials’ responsibility to comply with the “child find” requirements of the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. School officials must exercise vigilance to identify students with disabilities residing within the school’s boundaries.
IDEA Requirements
The IDEA and its implementing regulations impose an affirmative duty on public schools to ensure that all...
Over the last two years, schools have received funding through the Elementary and Secondary Schools Emergency Relief (ESSER) and Governor’s Emergency Education Relief (GEER) programs. These funds are restricted to certain allowable uses, which generally relate to preventing, preparing for, or responding to the COVID-19 pandemic.
Recently, the U.S. Department of Education (DOE) released guidance on using these funds to address another pandemic-related obstacle: the bus driver short...