News from Thrun Law

August 19, 2024

In our May 2024 School Law Notes, we reported the enactment of the Public Entity Asbestos Removal Disclosure Act, which imposed a new contractor affidavit requirement for school friable asbestos abatement projects, and amendments to the Michigan Occupational Safety and Health Act, which added penalty provisions for asbestos-related violations.

Governor Whitmer recently signed into law two additional asbestos-related public acts that will impact school friable asbestos...

August 12, 2024

MDE issued a memo on June 27, 2024 reminding Michigan public schools of student immunization requirements.

Every Michigan public school student must have a current immunization certificate or valid waiver when they register (or no later than the first day of school) for kindergarten and 7th grade, and whenever a student enrolls...

August 5, 2024

School begins soon, and now is a great time to review general student enrollment and records requirements for new and transferring students.

First Time Enrollment and Proof of Identity and Age

The Revised School Code (RSC) Section 1135 requires a school to notify the person enrolling a student for the first time that they must provide, within 30 days, either: (1) a copy of the student’s birth certificate; or (2) other reliable proof, as determined by...

July 26, 2024

The status of the 2024 Title IX regulations has been in flux since the U.S. Department of Education (USDOE) released them in April 2024. Scheduled to take effect on August 1, 2024, federal courts have halted USDOE’s enforcement of the regulations in at least 15 states and at the schools identified in this list. Michigan is not one of the 15 states. Only nine Michigan schools are on the...

July 22, 2024

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.

  • Promptly notify your insurance carrier.
    Coverage for...
July 15, 2024

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...

July 8, 2024

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...

June 27, 2024

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...

June 24, 2024

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:

  • ...
June 17, 2024

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...

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