News from Thrun Law

GASB 84 Guidance Available July 1

June 27, 2019

Thrun Law Firm recently finalized a guidance manual (Guidance) on the legal considerations related to the implementa­tion of Governmental Accounting Standards Board Statement No. 84, Fiduciary Activities (GASB 84). The Guidance focuses on legal re­quirements and practical recommendations related to the widespread changes in school operations after GASB 84’s July 1 implementation date. GASB released its Final Implementation Guide on June 17, 2019, thus our analysis is current and includes all...

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Properly Classify Employees As “Exempt” or “Non-Exempt”

June 24, 2019

A school’s legal obligations under the federal Fair Labor Standards Act (FLSA), and now Michigan’s Paid Medical Leave Act (PMLA), often depend on whether an employee is “non-exempt” under the FLSA. Improperly classifying employees as “exempt” may result in significant liability.

Under the FLSA, non-exempt employees must be compensated at a rate of time-and-one-half for hours worked in excess of 40 per week. The FLSA also imposes recordkeeping requirements on employers for non-exempt...

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Practical Considerations for Student Handbooks

June 17, 2019

As this school year wraps up, administrators should begin reviewing and revising student hand­books for the 2019-2020 school year. A comprehensive and well-written student handbook is an important tool to ensure compliance with state and federal law, uphold student discipline decisions, and defend against litigation and other disputes.

Board Policy

One of the most common student handbook mistakes is failing to align handbook provisions with board policy (and...

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Reminder: Parent Notifications for Ineffective Teachers Due by July 15

June 10, 2019

Section 1249a(1) of the Revised School Code states “a school district, intermediate school district, or public school academy shall not assign a pupil to be taught in the same subject area for 2 consecutive years by a teacher who has been rated as ineffective on his or her 2 most recent annual year-end evaluations.” Thrun Law Firm interprets this language to prohibit a school from assigning a student for two consecutive years in the same subject area to any teacher rated ineffective...

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Measles Outbreak: Practical Tips

June 3, 2019

From March 13 to April 17, 2019, Michigan’s Department of Health and Human Services (MDHHS) confirmed 43 cases of measles in Michigan, the highest in the state since 1991. Those infected ranged in age from 8 months to 63 years. School officials should look for guidance from MDHHS and their local commu­nity health department on how to handle the outbreak, including requirements to exclude certain people from school.

Measles is a highly contagious disease. It spreads through in-person...

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MFA 2019 State Aid Note Program – Documents Now Available!

May 23, 2019

The Michigan Finance Authority (MFA) 2019 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 filing deadline to submit the application materials is Friday, June 28,...

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Michigan State Police Issues Guidance on New School Safety Laws

May 20, 2019

In December 2018, Governor Snyder signed legislation aimed at making Michigan’s schools safer. Several of the new and amended laws, which went into effect at the end of March 2019, require schools to work with or report specific information to the Michigan State Police (MSP), its Office of School Safety (OSS), or the newly established School Safety Commission (SSC). MSP recently issued guidance to help school officials understand how to implement these new requirements. The guidance is...

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Truth-in-Taxation and Budget Hearing Reminder

May 13, 2019

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 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 adopting resolutions proposing and...

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2020 Hard Cap Limits for Medical Benefit Plans

May 6, 2019

In a memorandum dated March 25, 2019, 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 renewing on or after January 1, 2020.

The 2019 cap amounts were increased by 2.0%. The adjustment is based on the change in the medical care component of the consumer price index for the previous 12-month period.

For medical benefit plan coverage years...

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Graduation-Related Challenges

April 25, 2019

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” and 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 constitu­tionally protected property...

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