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On July 31, 2019, outgoing Interim State Superintendent Sheila Alles issued a much-anticipated pupil accounting decision regarding homeschool partnership programs. Traverse City Area Pub Schs (MA 18-6). A copy of the decision is available under the heading “Links to Publications” on our website at www.thrunlaw.com\links.
Schools that operate homeschool partnership and other shared-time programs should review the decision carefully to...
Governor Gretchen Whitmer recently signed into law Public Acts 38 and 39 of 2019. Public Act 38 repeals all Revised School Code (RSC) provisions addressing school administration of opioid antagonists. Public Act 39 creates a new Administration of Opioid Antagonist Act (AOAA) applicable to “school districts.” The AOAA takes effect September 24, 2019.
Opioid antagonists are drugs that reverse opioid overdose. Examples of opioids include heroin and prescription painkillers....
We are pleased to announce that Ian F. Koffler has joined Thrun Law Firm, P.C.
Ian joins us after having practiced for four years with a Grand Rapids law firm. Prior to that, Ian practiced in Kentucky for ten years. Ian graduated from the University of Richmond (B.A., 1999) and the University of Kentucky (M.P.A., 2001 and J.D., 2004).
Ian is a member of the State Bar of Michigan, the Kentucky Bar Association, the National Association of Bond Lawyers, the American Bar...
The Tenure Commission recently upheld the discharge of a tenured teacher for her unethical and dishonest academic practices in manipulating student assessments. ReVoir v Ann Arbor Pub Schs, STC 18-5.
Amy ReVoir had been employed by the district since 2000 and most recently served as a 7th and 8th grade social studies and language arts teacher. After receiving a minimally effective rating on her year-end performance evaluation for the 2016-2017 school...
The United States Department of Education’s Office of Special Education Programs (OSEP) recently issued informal guidance on a variety of special education issues in response to inquiries from schools. This guidance is summarized below.
IEP Team Meeting Participants
While the Individuals with Disabilities Education Act (IDEA) does not prohibit schools from inviting administrators to IEP Team meetings simply to observe, OSEP discourages the practice. Letter to...
It may seem like summer vacation just started, but districts that elect to participate in schools of choice for the 2019-2020 school year should ensure they are ready for the application period to begin.
The State School Aid Act allows an enrolling district to count nonresident students in membership without resident district approval only under specific circumstances. Schools of choice participation is voluntary, and the district must “opt in.”
The State School Aid Act...
In a recent decision with significance for public schools, the United States Supreme Court ruled that certain longstanding community monuments, symbols, and practices may have a presumption of constitutionality, even if they include some religious symbolism. American Legion v American Humanist Ass’n, No. 17-1717 (June 20, 2019). The American Humanist Association challenged the display of a 32-foot Latin cross erected by private citizens in 1925 to honor World War I veterans. The...
MERC recently held that a school district violated PERA by refusing to provide a union with the contact information for employees within a bargaining unit represented by the union. Lapeer Cmty Schs v SEIU Local 517M, Case No. C18 H-078 (2019). MERC’s decision clarifies that when an employer maintains contact information for employees represented by a union, the employer generally has an obligation to share that information with the union upon request.
In this case, a union...
MDE’s Office of Special Education recently issued three guidance documents addressing shortened school days, the Individuals with Disabilities Education Act (IDEA) reevaluation process, and special education discipline requirements. While the reevaluation and discipline guidance documents largely restate federal law, MDE’s guidance on shortened school days describes the circumstances under which schools may shorten a school day for a student eligible for special education under the IDEA....
Schools are receiving an overwhelming number of sexual misconduct reports, including both student-to-student and staff-to-student sexual harassment, resulting in an increase in Title IX investigations. Those investigations vary slightly from general misconduct investigations because federal law requires school officials to take specific steps during and after a Title IX investigation. Knowing what triggers a Title IX investigation and what steps to take at the outset may protect your...