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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...
To assist our clients with questions about specialized employee benefits, Thrun has developed a close relationship with Steven D. Lowe, P.C. The following article was drafted by Attorney Steven Lowe. Questions about those topics may be directed to him at (517) 575-0720.
By Steven Lowe, Steven D. Lowe, P.C.
Many school officials are familiar with Health Reimbursement Arrangements (HRAs) and understand that they are a type of employer-funded,...
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...
Boards planning to nonrenew an administrator’s employment contract must comply with the timelines and procedural requirements in Revised School Code Section 1229. We recommend starting the statutory nonrenewal process no later than March 13 for contracts which expire on June 30. Failure to follow the statutory nonrenewal process (or related contract provisions) may result in an administrator’s contract automatically renewing for an additional year.
The multi-step nonrenewal process...
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...
Cannabidiol (CBD) is a naturally occurring chemical compound in the cannabis sativa plant, from which both marijuana and hemp are derived. Tetrahydrocannabinol (THC), another compound of the cannabis plant, produces psychoactive effects and is only contained in marijuana. Thus, while both hemp and marijuana contain CBD, which is non-intoxicating, marijuana also contains THC. Both Michigan and federal law classify CBD oil as “hemp” rather than “marijuana” if the oil contains no more than...
January is School Board Recognition Month. Thrun Law Firm has had the privilege of working with Michigan school boards since 1946. We recognize your commitment, dedication, and passion. We applaud the positive impact your efforts have on your students and your schools. Thank you for the continuing opportunity to work with you in serving your communities.
In a case handled by Thrun Law Firm, the State Tenure Commission recently upheld a tenured teacher’s discharge for misconduct and insubordination arising from the violation of Michigan’s seclusion and restraint laws. Nichols v Bay City Pub Schs, STC 19-7 (2019).
Kendra Nichols, an elementary special education teacher, worked in a classroom for students with emotional impairments. Nichols’s discharge resulted from two separate incidents involving two different students....
The Michigan Court of Appeals recently dismissed a lawsuit filed against the Detroit Public Schools Community District Board of Education, which alleged a series of Open Meetings Act (OMA) violations concerning its superintendent search. A Felon’s Crusade for Equality, Honesty, and Truth v Detroit Pub Sch Cmty Dist Bd of Ed, COA Case No. 343881 (2019).
The board appointed a three-member search committee to review organizations that could assist the board with the...
Schools that issued tax credit bonds before December 22, 2017 must annually complete and file Form 1097-BTC with the IRS. For tax year 2019, Form 1097-BTC must be filed by mail by February 28, 2020, or filed electronically by March 31, 2020.
Tax credit bonds differ from conventional school bonds because the bond purchaser receives a tax credit in lieu of, or in addition to, periodic interest payments. For schools, tax credit bonds were typically issued as either a Qualified School...