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In a recent published decision, the Michigan Court of Appeals ruled that documents discussed by a public body during a closed session meeting may be subject to disclosure under the Freedom of Information Act (FOIA). Traverse City Record Eagle v Traverse City Area Pub Sch Bd of Educ, COA Docket No. 354586 (May 13, 2021).
The Traverse City Area Public Schools (TCAPS) Board of Education convened a public meeting to consider complaints against then-Superintendent Ann Cardon....
Our April 26, 2018 edition of School Law Notes highlighted myriad changes to the Office of Civil Rights Case Processing Manual (CPM) that would directly affect schools. One of the most noteworthy changes to the CPM allowed OCR to dismiss a complaint in its entirety if the complaint was either (1) a continuation of a pattern of complaints previously filed with OCR against multiple recipients or (2) filed for the first time against multiple recipients, and the complaint placed an “an...
The Michigan Finance Authority (MFA) August 2021 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/mfa. For general powers school districts and ISDs, click on State Aid Note Program (SAN) located under the “Finance Programs” heading on the MFA’s homepage. The general powers school district and ISD filing deadline to submit...
Although there has been a recent emphasis on addressing sex-based harassment, school officials must also act promptly and appropriately to ensure they are not “deliberately indifferent” to harassment and discrimination based on other protected characteristics, including disability. A federal court in Pennsylvania recently denied a school’s motion to dismiss claims of disability harassment and discrimination under Section 504 of the Rehabilitation Act and the Americans with Disabilities...
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 publishing a newspaper notice, holding a truth-in-taxation public hearing, and approving resolutions proposing...
In a March 18, 2021 memorandum, the Michigan Department of Treasury notified public employers of the “hard cap” contribution limits under the Publicly Funded Health Insurance Contribution Act for medical benefit plans starting or renewing on or after January 1, 2022.
The cap amounts were increased by 3.7% for 2022. The adjustment is based on the change in the medical...
Year-end school events often present legal landmines. Those annual challenges are now heightened by COVID-19. With the recent changes to indoor and outdoor gathering restrictions, many school officials have asked whether prom or a commencement ceremony is possible this year and, if so, what those year-end events might look like.
1. What gathering restrictions currently apply to year-end school events?
On April 16, 2021, the...
An Indiana federal court recently refused to dismiss a school employee’s lawsuit against her school district after she was disciplined and transferred to a new job for complaining to her principal, filing a complaint with the Indiana Occupational Safety and Health Administration (IOSHA), and posting on Facebook about an odor in a school building. Trinidad v Sch E Chi, Case No 2:19-CV-90 (ND Ind, 2021). Although not binding on Michigan courts, this Indiana decision may be...
Even under normal circumstances, prom season requires school officials to navigate a dance floor filled with legal landmines. This year, the challenges are heightened by COVID-19. With the recent loosening of gathering limits, school officials are considering whether prom is possible this year and, if so, what it might look like. Here are a few new (and old) considerations.
MDHHS, Local Government, and Health Department Orders
On March 19, 2021, the Michigan Department...
As the school year winds down, we remind school officials of Revised School Code Section 1236 and how it affects a substitute teacher’s rights to continued employment, compensation, and fringe benefits. The Michigan Court of Appeals has interpreted “substitute teacher” to mean, for purposes of Section 1236, a teacher who serves in place of a regular teacher. Notably, this interpretation does not apply to a substitute teacher retained through a third-party contractor.
Under Section...