News from Thrun Law

In a landmark ruling, the Sixth Circuit Court of Appeals recently held that students have a constitutional right to a “basic minimum education,” meaning access to a foundational level of literacy. Gary B. v Whitmer, Case No. 18-1855/1871 (CA 6, 2020). For the first time, a court has ruled that the U.S. Constitution requires the State to provide an education with quality standards.

Since the 1990s, the Detroit Public Schools (DPS) has been subject to State control through...

Three years ago, the Michigan Legislature amended the Revised School Code to prohibit the use of seclusion and restraint in schools except in emergency situations. An “emergency situation” occurs when a student’s be­havior poses an imminent risk to the safety of the student or others.

School officials continue to confront legal and practical issues related to emergency seclusion and re­straint, particularly in identifying whether an action constitutes seclusion or restraint. The...

The Ninth Circuit Court of Appeals recently ruled that a school’s communication plan, restricting a parent’s communications with school staff to biweekly in-person meetings with two administra­tors, did not violate the parent’s First Amendment rights. LF v Lake Washington Sch Dist, Case No. 18-35792 (CA 9, 2020). Although not binding in Michigan, this decision suggests that schools may set reasonable limits on parent communications with school staff.

A parent sent school...

As reported in last month’s School Law Notes, the Thrun Policy Manual is now available to order. Our policies are designed to be legally compliant and provide school officials with guidance and flexibility in a well-organized and user-friendly format. Please see the attached order form for relevant information about the Thrun Policy Service.

If you have questions about the Thrun Policy Service or board policies in general, we encourage you to watch a video presentation...