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Due process litigation under the Individuals with Disabilities Education Act (IDEA) has significantly increased in Michigan over the past three years. Though receiving a due process complaint is unpleasant, knowing the right steps to take will position your school for the best possible resolution. Summarized below are important steps school officials should take upon receiving a complaint.
A recent ruling of the U.S. District Court for the Eastern District of Michigan involving Ann Arbor Public Schools demonstrates the importance of properly handling suspected child abuse. In its opinion, the court partially denied the district’s motion to dismiss claims against the district, its elementary principal, and the contracted bus transportation company, stemming from multiple incidents of alleged child abuse. See Nelson-Molnar v Ann Arbor Pub Sch, Docket No. 23-CV-11810 (ED...
School officials may think that they are in the clear concerning financial steps once the school board adopts its budget for the 2024-25 school year. But wait, there’s more! School officials also must comply with State School Aid Act (SSAA) Section 18, which establishes the deadline for posting the school’s annual budget and required financial information.
Budget Posting and Expenditure Displays
Within 15 days after the school board adopts its annual...
The Fair Labor Standards Act (FLSA) regulates minimum wage, overtime pay, and other requirements, which may affect school employees. The Department of Labor (DOL) has issued numerous rules that interpret and administer the FLSA. The DOL recently issued a rule entitled Defining and Delimiting the...
The Equal Employment Opportunity Commission (EEOC) recently issued new regulations implementing the Pregnant Workers Fairness Act (PWFA). As reported in our April 27, 2023 edition of School Law Notes, the PWFA became effective on June 27, 2023 and renders the following pregnancy-related conduct by employers (including schools) with at least 15 employees unlawful:
The Michigan Finance Authority’s (MFA) August 2024 state aid note program materials, including the loan application, cash flow form, instructions, and financing schedule, are now available on the MFA’s website at www.michigan.gov/treasury/finance/mfa/note. The general powers school district and ISD deadline for filing application materials with the MFA is Tuesday, July 2, 2024.
PSAs can find applicable...
Does your school have any teachers who were rated ineffective? Have you hired a new teacher who was recently rated ineffective by another school? If your answer is “yes” to either question, be aware that Revised School Code Section 1249a prohibits a school district, intermediate school district, or public school academy from assigning a student to be taught in the same subject area for two consecutive years by a teacher who was rated ineffective on the teacher’s two most recent annual year-...
On April 19, 2024, the U.S. Department of Education released long-anticipated new Title IX regulations addressing school-based sexual harassment. Although the 2024 regulations relax some of the 2020 requirements, they also expand the definition of sex-based harassment and add protections regarding pregnancy discrimination. The new regulations, which carry the full force of law, take effect on August 1, 2024 and apply to any alleged conduct that occurs on or after that date.
The new...
Far too often, IEP Teams gloss over or fail to discuss whether a special education student is entitled to extended school year (ESY) services. Even if a robust discussion occurs, the prior written notice rarely explains why ESY was rejected or included. If the school finds itself in a due process hearing defending an IEP with this deficit, a procedural violation is guaranteed and a substantive violation is possible. Remind your IEP Teams to discuss ESY, consider all eligibility factors, and...
As this school year wraps up, school officials should begin reviewing and revising student handbooks for the 2024-25 school year. A comprehensive and well-written student handbook is an important tool to ensure compliance with state and federal law, support student discipline decisions, and reduce the risk of litigation and other disputes.
Thrun offers a model student handbook for both our Thrun Policy Subscribers and non-subscribers. The Thrun Policy Subscriber version of the student...