News from Thrun Law

PA 87 and Mask Requirements for Childcare Centers

October 29, 2021

On September 29, 2021, Governor Whitmer signed the 2022 state budget bill, Public Act 87 of 2021(PA 87). PA 87 includes a pro­vision that prohibits and penalizes local health departments from issuing or enforcing certain COVID-19 orders or directives. We ad­dressed the impact of PA 87 on schools in our September 27, 2021 E-Blast, recommending that if a local health officer issues or main­tains an order requiring face masks in schools, school officials should contact their local...

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Summer Tax Resolution Reminder

October 1, 2021

Revised School Code Section 1613 allows a school district or ISD to direct local taxing jurisdictions to levy half or all school taxes on July 1 by filing a summer tax resolution with the local taxing jurisdictions. If your district currently has a summer tax levy and would like it to continue in 2022, your board of education must adopt a resolution and file a copy of that resolution with each city and township within the district’s boundaries on or before December 31, 2021.

Please...

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Back to Basics: FOIA

October 1, 2021

The recent surge of FOIA requests received by many Michigan schools provides a timely opportunity to focus this month’s Back to Basics article on FOIA requirements.

Reviewing Requests

School officials often ask whether they must respond to a FOIA request if it is a “scam” or “not legiti­mate.” As a public body, a school is required to respond to all FOIA requests unless the requester is incarcer­ated in a state or local correctional facility or the re­quest...

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Tips for Title IX Investigators

October 1, 2021

One of the most significant changes in the 2020 Title IX regulations is the replacement of the “single in­vestigator” with four key roles in the Title IX grievance process: the Title IX Coordinator, the Investigator, the Decision-Maker, and the Appeals Officer. Most ques­tions we receive are about serving as the Investigator.

Investigator Selection

The roles of Investigator, Decision-Maker, and Appeals Officer must be held by different people in any given Title IX...

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Religious Exemptions for Employee Face Mask Mandates

October 1, 2021

In last month’s School Law Notes, we provided a brief overview of the legal standards for student religious exemption requests. Em­ployee exemption requests, however, involve different considera­tions, which we review below.

Free Exercise of Religion

The U.S. Supreme Court has consistently held that the First Amendment’s right to free exercise of religion does not relieve a per­son of the obligation to comply with valid and neutral laws of general...

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Thank You, Principals!

October 1, 2021

October is National Principals Month. Having worked with Michigan school principals for 75 years, we are familiar with, and grateful for, the individuals who serve and lead Michigan’s schools. Principals are often on the front lines in school legal disputes, and their actions have significantly influenced legal standards governing schools.

Especially during the past two challenging school years, your commitment and devotion to school and community are keys to the long-term success of...

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Back to School: COVID-19 Round Two

September 6, 2021

Many school officials hoped for a return to the “old normal” for this school year. Some COVID-19 guidance and laws, however, remain in effect. These include the CDC public transportation face mask order, the MDHHS order on reporting school-related COVID-19 cases, the Michigan COVID-19 Employment Rights Act, and the Michigan COVID-19 immunity legislation.

School officials should also check local health department orders for any continuing COVID-19 orders and guidance. With the...

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Contingency Learning Plans for the 2021-22 School Year

August 27, 2021

School officials should review each student’s Individualized Education Program (IEP) and consider whether a Contingency Learning Plan (CLP) should be created or modified for this school year.

In general, a CLP is a written plan that ad­dresses when a student may need to re­ceive special education and related services virtually or in an alternate format due to COVID-19. A CLP should describe the circum­stances that would trigger its use. It should also de­scribe the special education...

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Religious Exemptions for Student Face Mask Mandates

August 27, 2021

Many schools are considering a student face mask mandate. While some local health departments have issued mask mandates, there is currently no statewide order requiring students to wear face masks at school. Absent a local health department order, the choice is left to the school’s discretion. Where schools have required stu­dents to wear face masks, some parents have requested religious exemptions.

This article provides a brief overview of the legal standards for student religious...

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Arbitrators Dismiss Claims Alleging Unsafe or Hazardous COVID-19 Work Environment

August 27, 2021

In two grievance arbitrations handled by Thrun Law Firm, arbitrators found that Brighton Area Schools did not require its employees to work in an unsafe or hazardous environment during the 2020-21 school year. Those decisions reinforce that although some col­lective bargaining agreements (CBAs) have language requiring safe working conditions, that language does not guarantee a risk-free workplace during a pandemic.

In the first grievance, the teacher’s union alleged that the District’...

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