Many public officials, including school board members and administrators, maintain an active social media presence in their individual capacities. On March 15, 2024, the U.S. Supreme Court ruled in a unanimous opinion that a government official’s “comments” and “likes” on their personal social media account may constitute state action and implicate the First Amendment. Lindke v Freed, 601 US __ (2024).
James Freed converted his private Facebook page to a public figure “page...
School officials must remember to comply with one of the Open Meetings Act’s (OMA) often misunderstood provisions: closed sessions. For Thrun Policy Service subscribers, Thrun Policy 2501 provides detailed instructions for OMA and closed session compliance.
Entering Closed Session
The OMA permits a school board to enter closed session for several different purposes through an appropriate motion and vote. A two-thirds roll call vote of those board...
The Sixth Circuit Court of Appeals, whose decisions are binding in Michigan, recently dismissed an Americans with Disabilities Act (ADA) lawsuit by a delivery driver who alleged that his employer discriminated against him because of a disability. The employee claimed that his employer violated the ADA by transferring him to a lower-paying position and by refusing to provide a reasonable disability accommodation. Cooper v Dolgencorp, LLC, Case No. 23-5397 (CA 6, 2024). The Sixth...
According to a recent Michigan Court of Appeals decision, public school teachers are not considered a “public body” under Michigan’s Freedom of Information Act (FOIA), and records created and retained by an individual teacher are not public records subject to disclosure. Litkouhi v Rochester Community Schools, Case No. 364409 (Mich Ct App, 2024).
The FOIA requester sought a teacher’s “lesson plans, readings given to students (articles, publications, case studies), viewings (...
In 2011, the Michigan Supreme Court ruled that Michigan law prohibited using public resources to administer a payroll deduction plan for employee contributions to the MEA’s political action committee (PAC). MEA v Secretary of State, 489 Mich 194 (2011). That decision was codified in 2012 through amendments to the Michigan Campaign Finance Act and the Wages and Fringe Benefits Act.
Supported by nearly a dozen labor organizations (including the MEA), legislation effective...
The Michigan Department of Health and Human Services (MDHHS) demands the tooth, the whole tooth, and nothing but the tooth! Recently, the Michigan Legislature passed Public Act 316 of 2023, which amends the Public Health Code to require a child’s parent, guardian, or person in loco parentis (i.e., the person legally responsible for the child) to provide a dental oral assessment for the child before the child’s first school enrollment.
Beginning with the 2024-2025 school year...
To avoid an unintended contract extension or obtainment of tenure, school officials must follow the applicable timelines and procedures to non-renew a probationary teacher’s contract.
Probationary Period
Amendments to RSC Section 1249 (teacher evaluation) and to the Teachers’ Tenure Act (probationary period for non-tenured teachers) take effect July 1, 2024. For the rest of this school year, RSC Section 1249 remains unchanged. Teachers must serve an...
Public Act 236 of 2023, effective February 13, 2024, adds Section 11a to the Public Employment Relations Act. Section 11a requires within 30 days after hiring a bargaining unit employee, a school must provide employee information to the union representing that bargaining unit regardless of the employee’s dues paying status. Additionally, every 90 days a school must provide that information to each bargaining unit employee’s union. Section 11a does not specify when the 90-day period starts....
In 2020 and 2021, Congress enacted several relief packages allocating almost $200 billion nationally to support public schools during the COVID-19 pandemic and its aftermath. Those appropriations derive from the Elementary and Secondary School Emergency Relief (ESSER) Fund, issued in phases known as ESSER I, ESSER II, and ESSER III (or the American Rescue Plan ESSER). Reportedly, MDE has received and allocated at least 90% of approximately $5.6 billion dollars in ESSER funds to local schools...
FOIA’s short deadlines coupled with the often-voluminous FOIA records requests can make it difficult to produce requested records within the statutorily required timeframe. Timely response to a FOIA request is a legal requirement, even if the request is received just before or during a school break. Under FOIA Section 5, a public school must respond to a FOIA request within five business days after the request is “received.” A FOIA request sent via U.S. Mail is considered “received” the day...