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With a new school year almost upon us, now is a good time to review your school’s Title IX policies, procedures, and training protocols. Schools must have a sexual harassment policy and grievance procedures that comply with the 2020 Title IX regulations, which became effective again on January 9, 2025, when a federal court vacated the 2024 regulations.
To address Title IX sexual harassment complaints, schools must have a comprehensively trained team consisting of the following “key...
School is out for the summer, and the fiscal year 2025-26 budget has been adopted, so administrators can finally rest, right? Almost! School officials must comply with State School Aid Act (SSAA) Section 18, which establishes a deadline for posting the school’s annual budget and certain required financial information.
Budget Posting and Expenditure Displays
Within 15 days after the school board adopts its annual operating budget for the...
The Michigan Association of School Boards (“MASB”) now officially endorses the Thrun Policy Service as the provider of board policies for Michigan public schools and ISDs.
MASB has announced to members that it believes the Thrun Policy Service provides the most effective and user-friendly policy service in Michigan and recommends that its members join the Thrun Policy Service. We are excited to collaborate with MASB on the Thrun Policy Service to deliver a further value-added benefit...
A recent unpublished Sixth Circuit Court of Appeals decision highlights the Fourth Amendment rights regarding searches and seizures of school employees. Lawson v Creely, Docket No. 24-5649 (CA 6, March 26, 2025). Holly Lawson, a guidance counselor, sued her former school board and school officials, alleging that school employees violated her constitutional rights when they searched her bag and subsequently detained and questioned her.
Background
...The U.S. District Court for the Eastern District of Michigan recently ruled that a school did not violate a student’s Fourth Amendment search and seizure rights or his Fourteenth Amendment due process rights when it expelled him for making a threat about bringing a gun to school. Halasz v Cass City Public Schools, Case No. 1:22-cv-13158 (May 23, 2025). The decision provides useful reminders about making legally sound student discipline decisions.
On December 6, 2021, a week...
On June 12, 2025, the U.S. Supreme Court unanimously eliminated the heightened protection public schools had against liability for compensatory damages in cases involving Section 504 of the Rehabilitation Act (Section 504) or Title II of the Americans with Disabilities Act (ADA). AJT v Osseo Area Schools, Docket No. 24-249 (2025). It will now be easier for a person to prevail against a public school in a disability discrimination lawsuit if the allegation involves provision of...
Michigan law requires public schools to adopt their annual budgets by June 30th each year. A taxing entity, including a school district or ISD, must satisfy the 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). Elements of this process include: (1) publishing a newspaper notice, (2) holding a truth-in-taxation public hearing, and (3) approving resolutions proposing and...
On March 28, 2025, U.S. Secretary of Education Linda McMahon issued a Dear Colleague Letter (DCL) pledging to enforce compliance with the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA). FERPA grants parents the right to review, inspect, and amend their child’s education records and to restrict disclosure of...
With graduation approaching, school officials should consider common graduation-related legal issues and our recommendations for addressing those issues.
Withholding Diplomas and “Walking” at Graduation
The end of the school year is sometimes accompanied by senior pranks and other student misconduct, which may cause school officials to consider withholding a student’s diploma as a disciplinary action. Withholding an earned diploma deprives a student...
As detailed in our February 24, 2025 E-Blast, and updated in the March 2025 School Law Notes, the Michigan Earned Sick Time Act (ESTA) took effect on February 21, 2025. For a school that frontloads ESTA leave time at the beginning of the school’s...