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This month’s article on OMA Basics focuses on the notice requirements for regular, special, and emergency meetings, as well as the enforcement mechanisms and penalties that accompany these requirements. Additionally, with the 2017-2018 lame duck session officially over, we address two new amendments to the OMA that could impact how your school board operates.
Notice of Meetings
Public school board meetings generally require two types of notice: (1) notice...
Newly-enacted MCL 380.1280g requires MDE to create a public school accountability system, which will be implemented beginning with the 2019-20 school year. The system will apply to all K-12 public schools except center programs, strict discipline academies, adjudicated youth programs, and programs that serve “any other specialized pupil population with special needs,” as determined by MDE.
Because the Section requires a minimum accountability system and charges MDE with finalizing...
At the end of December, the Legislature enacted several laws aimed at making Michigan’s schools safer, including new sections of the Revised School Code (RSC) that require schools to work with the newly-created Office of School Safety and the School Safety Commission.
RSC Section 1308a
Section 1308a of the RSC, effective March 21, 2019, requires school districts, ISDs, and PSAs to report to the Michigan State Police (MSP) incidents or attempted incidents involving a...
On December 13, 2018, Governor Snyder signed into law the Paid Medical Leave Act (PMLA), which replaces the Earned Sick Time Act. He also amended the Improved Workforce Opportunity Wage Act (IWOWA) to increase the minimum wage from $9.25/hour to $9.45/hour. Both laws take effect on March 29, 2019.
The PMLA covers employers, including school districts, with at least 50 employees. An employee is not eligible for benefits under the PMLA if he/she averages fewer than 25 hours per week in...
While school board elections take place on the even-year November election date, a district may place millage and bond propositions on the ballot on any of the three regular election dates each year (four election dates in a presidential election year), as well as on certain petition initiative election dates.
May 7, 2019
August 6, 2019
November 5, 2019
A certified copy of the school board resolution approving ballot language for millage...
In a case handled by Thrun Law Firm, a Michigan Administrative Law Judge (ALJ) recently ruled that a student’s disability did not cause her misconduct and that the school’s decision to expel the student did not violate the Individuals with Disabilities Education Act
A 12th grade student with a physical impairment reported to school administrators that a male student forced her to engage in sexual activity on the school bus. The school conducted a prompt investigation and determined...
The Sixth Circuit Court of Appeals, which includes Michigan, recently rejected an employee’s failure to accommodate claim under the Americans with Disabilities Act (ADA) because the employer appropriately engaged the employee in the ADA’s interactive process. Brumley v United Parcel Service Inc, Case No. 18-5453 (November 30, 2018). While this result is not surprising, it serves as a reminder of the importance of engaging qualified employees with a disability in the interactive process to...
Thrun Law Firm announces the well-deserved retirement of our colleague and friend Kevin Harty who is retiring after 36 years of exemplary service to this Firm and the school districts throughout Michigan. As many of you know, Kevin’s tireless efforts in representing our clients, coupled with his legal expertise and keen sense of humor, has significantly shaped the landscape of Michigan’s school law.
Kevin’s impact on jurisprudence concerning Michigan school districts can be seen in...
In a memorandum dated September 17, 2018, the Michigan Department of Treasury notified all 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, 2019. The 2018 cap amounts were increased by 1.9%. 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...
The U.S. Sixth Circuit Court of Appeals, whose decisions are binding in Michigan, recently ruled in favor of the parents of a special education student who privately placed the student and sought reimbursement from the public school. L.H. v Hamilton Co Dep’t of Ed, Nos. 17-5989/18-5086 (CA 6, August 20, 2018).
L.H. is a 13-year-old student with Down syndrome. He was educated in the general education classroom through second grade, receiving “pull-out” and “push-in” services...