On October 14, 2025, the Sixth Circuit Court of Appeals, whose decisions are binding in Michigan, upheld a ruling allowing public schools to censor student speech reasonably determined to be vulgar. B.A. v Tri Co Area Schs, No. 24-1769 (CA 6, 2025). As reported in our September 26, 2024 edition of School Law Notes, this case concerned two students who, on different...
Every year, school officials unwrap the dilemma of how schools can celebrate the winter holidays without landing on the constitutional naughty list. School celebrations occasionally involve religious content that implicates the First Amendment’s Establishment Clause. Under the Establishment Clause, a school must maintain religious neutrality and therefore may not endorse or promote religion.
In 2022, the U.S. Supreme Court struck down the test that courts used for decades to analyze...
State School Aid Act Section 31aa, MCL 388.1631aa, allocates $321 million to support school safety and mental health initiatives. To receive these funds, schools must agree to be subject to a comprehensive investigation and waive certain privileges in the event of a “mass casualty event.” The Michigan Department of Education has updated the opt-in deadline to Sunday, November 16, 2025, at 11:59 p.m. We encourage you to contact a Thrun attorney to weigh all options and determine the best...
Public Act 15 of 2025 (“PA 15”) amended State School Aid Act (“SSAA”) Section 6(8) to postpone a grade range and subject area endorsement requirement for teaching certificates, substitute permits, authorizations, and approvals until the 2026-27 school year.
The Michigan Department of Education (“MDE”) issued an October 24, 2025...
Special education evaluations provide individualized education program (IEP) teams with critical information that guides the development of a student’s IEP. Occasionally, a parent will disagree with a school’s evaluation. When this occurs, a parent may request an independent educational evaluation (IEE) at the school’s expense. An IEE is an evaluation conducted by a parent-chosen examiner.
A parent may request an IEE orally or in writing. The school then has seven calendar...
Bueller? Bueller? While a legendary day off made an iconic movie plot, the reality of student absenteeism is a far less glamorous challenge for schools. This article will help school officials better understand the truancy process so they are not left feeling like Principal Rooney.
Truancy versus Educational Neglect
Truancy and educational neglect are often conflated terms. Truancy is when a student of mandatory attendance age (6 or older) is absent...
Teachers often wear many hats, and a teacher’s authority to access student records shifts in these different roles. A teacher acting in the capacity of a union representative typically does not have authority to access student education records without parental consent.
The Family Educational Rights and Privacy Act (FERPA) defines “education records” as records, files, documents, and other materials that contain information directly related to a student that...
Employee social media posts may present challenges for schools already seeking to manage the charged political atmosphere, as was the case for some schools following Charlie Kirk’s recent assassination and other political and social issues. This article discusses the scope of school employees’ First Amendment rights, and the factors school officials should consider before disciplining a district employee for social media posts.
In 1968, the U. S. Supreme Court first recognized public...
The State of Michigan’s new fiscal year begins on October 1 and, as of this newsletter’s publication date, the Legislature has not yet passed a state budget. For schools, this uncertainty creates multiple concerns. Without an approved budget, state aid payments could be delayed or disrupted, leading to cash flow challenges.
While these concerns are understandable, it is important not to panic or resort to drastic measures, such as tapping into bond proceeds, debt funds, or...
Michigan’s Fire Prevention Code (FPC) requires each general powers school district, intermediate school district, and public school academy operating any of grades K through 12 to conduct fire, tornado, and lockdown drills.
2025-26 Requirements
During the 2025-26 school year, a school must, at a minimum, conduct the following drills: