News from Thrun Law

Summer Tax Resolution Reminder

October 1, 2018

Does your school currently have a summer tax levy of either 50% or 100%? Does your school wish to continue levying summer taxes for the 2019 tax year? If the answer to both questions is “yes,” then your school’s board of education must adopt a resolu­tion to continue the summer tax levy and file a copy of that resolution with each city and township within your school’s boundaries on or before December 31, 2018. A suggested resolution form is attached to this news­letter. NOTE: Do not use the...

[continue reading]

Are Your Administrative Guidelines in Violation of the Open Meetings Act?

September 27, 2018

One area commonly addressed by board policies and administrative guidelines is student discipline procedures, includ­ing suspension and expulsion hearings. Many schools, however, have administrative guidelines for student suspension and disci­pline hearings that violate Section 7(2) of the Open Meetings Act (OMA). These problematic guidelines state that a student has a right to receive a transcript of a student discipline hearing upon a parent’s or the student’s request, regardless of...

[continue reading]

Model Vaping Policy and Handbook Language Available

September 24, 2018

Vaping, a phenomenon in which an individual uses an e-cigarette or other electronic nicotine delivery system (ENDS) device to inhale vapor, has surged in popularity among students in recent years. The FDA’s definition of “tobacco product” now includes ENDS devices, but many board policies and handbook lan­guage on the use of tobacco products do not encompass ENDS devices or their component parts.

Thrun Law Firm has developed model policy and handbook language prohibiting the use of...

[continue reading]

Guidance on School Race Diversity Rescinded

September 1, 2018

On July 3, 2018, the U.S. Departments of Justice and Education jointly released a new “Dear Colleague Letter” (DCL) withdrawing the following previously released guidance documents:

  • December 2, 2011 Dear Colleague Letter Regarding the Use of Race by Educational Institutions;
  • 2011 Guidance on the Voluntary Use of Race to Achieve Diversity in Postsecondary Education dated December 2, 2011;
  • 2011 Guidance on the Voluntary Use of Race to Achieve Diversity and Avoid...

[continue reading]

New Child Care Center Staff Comprehensive Background Check Requirements

August 30, 2018

Public Act 256 of 2017, effective March 28, 2018, amends many parts of the Child Care Organizations Act. One of the most signifi­cant changes is the new requirement that all child care center staff who have unsupervised access to children (employees, contractors, and volunteers) must undergo a newly created “comprehensive background check,” which includes an FBI fingerprint records check. All child care center staff who will be unsupervised with children must have these new background checks...

[continue reading]

Legislature Clarifies Permissible Scope of Energy Improvement Projects

July 23, 2018

Section 1274a of the Revised School Code authorizes schools to undertake energy improvement projects and finance them through a variety of meth­ods. Under Public Act 23 of 2017, the Michigan Legislature previously amended Section 1274a to allow school energy improvement projects to include “operational improvements” in addition to...

[continue reading]

Transgender Students Update: Michigan Guidance and Recent Federal Court Decisions

July 16, 2018

Following a trend set by several federal courts in the past year, two more federal courts recently issued opinions supporting transgender students’ rights to access restrooms and locker rooms that correspond with their gender identity. Grimm v Gloucester Co Sch Bd, Case No. 4-54 (ED Va, May 22, 2018); Doe v Boyertown...

[continue reading]

“Prohibited” Means “Prohibited” (Again)

June 28, 2018
...

[continue reading]

Schools of Choice Refresher

June 18, 2018

As the school year comes to a close, school districts must act soon to enroll schools of choice students for the 2018-2019 school year.

The State School Aid Act allows an enrolling district to count non-resident students in membership without resident district approval under certain cir­cumstances. Allowing schools of choice...

[continue reading]

New Laws Grant Schools Authority to Discipline for Off-Campus Sexual Assault

June 11, 2018

On May 9, 2018, Governor Snyder signed a package of three laws aimed at protecting student sexual assault victims who attend school with the perpetrator. These laws, which will take effect on August 8, 2018, may have significant implications for our clients.

The first of the three laws requires courts to prohibit a student adjudicated for criminal sexual conduct or assault with intent to commit criminal sexual conduct from attending the same school building or riding the same school...

[continue reading]

Pages