News from Thrun Law

March 29, 2019

Prom season is upon us — along with a
slew of potential legal landmines. Below are best practices for navigating some
common issues.


There is no constitutional right to
attend prom. Attending prom is a privilege, subject to revocation for
noncompliance with reasonable conduct standards. School officials may not,

March 29, 2019

As part of our service to retainer clients, Thrun
Law Firm will host its annual client seminars at five loca­tions this spring.
Our spring seminars are a 30-year tradition offered at no charge to our
retainer clients. Each seminar will conclude with an attorney Q & A panel
to address pertinent client questions.

Attached to this edition of School Law Notes are registration information...

March 25, 2019

In a case handled by Thrun Law Firm, an arbitrator recently found that
the Bay City Education Associa­tion’s attempt to unilaterally change its
medical benefit coverage year from July 1 to January 1 violated the col­lective
bargaining agreement. Bay City Education
Association MEA/NEA and Bay City Public Schools
, AAA 01-18-0001-8403. As
many school officials are aware, MESSA changed its plan year from a July 1 to
June 30 cycle...

March 18, 2019

The Michigan Legislature recently amended Sections 3 and 4 of FOIA,
requiring additional infor­mation from requesters and providing a deadline for
deposit fees. FOIA requests now must contain the requester’s:

  • full name,
  • mailing address,
  • phone number or email address.

A FOIA request made by an organization must include contact

March 11, 2019

As highlighted in the January 31, 2019 edition of School Law Notes, the PMLA becomes
effective March 29, 2019. This article will provide additional information
and clarification regarding the PMLA’s requirements. First, an eligible
employee begins to accrue paid medical leave under the PMLA upon beginning
employ­ment. An employer may, however, require (by policy or handbook language)
that the employee wait 90 calendar days...

March 4, 2019

Effective February 27, 2019, SEC Rule 15c2-12 imposed new continuing
disclosure requirements on bond issuers, including schools. A school will only
need to comply with the new requirements when:

  • it issues new bonds after February 26, 2019; and
  • in conjunction with issuing the bonds, it enters into a
    continuing disclosure agreement, which is generally required for all bond
    issues of $1...
February 25, 2019

This month’s article on OMA Basics focuses on the notice requirements for regular, special, and emergency meetings, as well as the enforcement mech­anisms and penalties that accompany these require­ments. Additionally, with the 2017-2018 lame duck session officially over, we address two new amend­ments to the OMA that could impact how your school board operates.

Notice of Meetings

Public school board meetings generally require two types of notice: (1) notice...

February 18, 2019

Newly-enacted MCL 380.1280g requires MDE to create a public school accountability   system, which will be implemented beginning with the 2019-20 school year. The system will apply to all K-12 public schools except center programs, strict discipline acade­mies, adjudicated youth programs, and programs that serve “any other specialized pupil population with special needs,” as determined by MDE.

Because the Section requires a minimum accountability system and charges MDE with finalizing...

February 11, 2019

At the end of December, the Legislature enacted several laws aimed at making Michigan’s schools safer, including new sections of the Revised School Code (RSC) that require schools to work with the newly-created Office of School Safety and the School Safety Commission.

RSC Section 1308a

Section 1308a of the RSC, effective March 21, 2019, requires school districts, ISDs, and PSAs to report to the Michigan State Police (MSP) incidents or attempted in­cidents involving a...

February 4, 2019

On December 13, 2018, Governor Snyder signed into law the Paid Medical Leave Act (PMLA), which replaces the Earned Sick Time Act. He also amended the Improved Workforce Opportunity Wage Act (IWOWA) to increase the minimum wage from $9.25/hour to $9.45/hour. Both laws take effect on March 29, 2019.

The PMLA covers employers, including school districts, with at least 50 employees. An employee is not eli­gible for benefits under the PMLA if he/she averages fewer than 25 hours per week in...