News from Thrun Law

Title IX Training – Sign Up Now!

October 3, 2019

Due to popular demand, Thrun Law Firm is offering a second Title IX training for school officials on November 21, 2019, from 1:00-4:00 p.m. at Thrun’s East Lansing office. The training will include a review of legal standards and policy requirements, recent decisions, and how to conduct and document a complete and thorough Title IX investigation. The cost is $95.00 per person for retainer clients and $195.00 per person for non-retainer clients. To reserve your seat, please return...

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MDHHS Issues New Immunization Reporting Form and Updates Guidance

September 26, 2019

Parents are required to submit immunization verification to a school when a student enrolls: (1) in kindergarten, (2) “for the first time” in a public or non­public school, and (3) in 7th grade. Schools must then report each student’s immunization status in those categories to their local health department. A student’s in­dividual medical history and immunization records, however, are education records under the Family Educational Rights and Privacy Act (FERPA) and cannot be disclosed absent...

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Surviving the Heat Without Air Conditioning

September 23, 2019

With schools back in session, school officials should consider the implications of holding classes and other activities in high temperatures.

Disabled Employees

The Americans with Disabilities Act (ADA) generally requires employers, including schools, to pro­vide a qualified employee with a disability a reasonable accommodation to assist the employee in performing the essential functions of that employee’s job. Michigan’s Persons with Disabilities Civil Rights Act...

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Long-Awaited Guidance Issued on Homeschool Partnership Programs

September 16, 2019

On July 31, 2019, outgoing Interim State Superintendent Sheila Alles issued a much-anticipated pupil accounting decision regarding homeschool partnership programs. Traverse City Area Pub Schs (MA 18-6). A copy of the decision is available under the heading “Links to Publications” on our website at www.thrunlaw.com\links.

Schools that operate homeschool partnership and other shared-time programs should review the deci­sion carefully to...

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New Legislation Impacts School Opioid Antagonist Administration

September 9, 2019

Governor Gretchen Whitmer recently signed into law Public Acts 38 and 39 of 2019. Public Act 38 repeals all Revised School Code (RSC) provisions addressing school administration of opioid antagonists. Public Act 39 creates a new Administration of Opioid Antagonist Act (AOAA) applicable to “school districts.” The AOAA takes effect September 24, 2019.

Opioid antagonists are drugs that reverse opioid overdose. Examples of opioids include heroin and prescription painkillers....

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New Attorney Joins Thrun Law Firm

August 29, 2019

We are pleased to announce that Ian F. Koffler has joined Thrun Law Firm, P.C.

Ian joins us after having practiced for four years with a Grand Rapids law firm. Prior to that, Ian practiced in Kentucky for ten years. Ian graduated from the University of Richmond (B.A., 1999) and the University of Kentucky (M.P.A., 2001 and J.D., 2004).

Ian is a member of the State Bar of Michigan, the Kentucky Bar Association, the National Association of Bond Lawyers, the American Bar...

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Tenure Commission Upholds Discharge for Academic Dishonesty

August 19, 2019

The Tenure Commission recently upheld the discharge of a tenured teacher for her unethical and dishonest academic practices in manipulating student assessments. ReVoir v Ann Arbor Pub Schs, STC 18-5.

Amy ReVoir had been employed by the district since 2000 and most recently served as a 7th and 8th grade social studies and language arts teacher. After re­ceiving a minimally effective rating on her year-end performance evaluation for the 2016-2017 school...

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OSEP Provides New Special Education Guidance

August 12, 2019

The United States Department of Education’s Office of Special Education Programs (OSEP) recently issued informal guidance on a variety of special education is­sues in response to inquiries from schools. This guidance is summarized below.

IEP Team Meeting Participants

While the Individuals with Disabilities Education Act (IDEA) does not prohibit schools from inviting ad­ministrators to IEP Team meetings simply to observe, OSEP discourages the practice. Letter to...

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Schools of Choice Refresher

August 5, 2019

It may seem like summer vacation just started, but districts that elect to participate in schools of choice for the 2019-2020 school year should ensure they are ready for the application period to begin.

The State School Aid Act allows an enrolling district to count nonresident students in membership without resident district approval only under specific circum­stances. Schools of choice participation is voluntary, and the district must “opt in.”

The State School Aid Act...

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Supreme Court Limits Test for Establishment Clause Violation

July 26, 2019

In a recent decision with significance for public schools, the United States Supreme Court ruled that certain longstanding com­munity monuments, symbols, and practices may have a presump­tion of constitutionality, even if they include some religious symbolism. American Legion v American Humanist Ass’n, No. 17-1717 (June 20, 2019). The American Humanist Association chal­lenged the display of a 32-foot Latin cross erected by private citizens in 1925 to honor World War I veterans. The...

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