News from Thrun Law

October 28, 2024

Cyber incidents in K-12 schools are on the rise. The total publicly reported cyber incidents in K-12 schools have risen significantly, affecting millions of students and school employees. Cyber incidents include data breaches, ransomware attacks, business email compromise scams, denial of service attacks, website and social media defacement, and online class and school meeting invasions.

Growing reliance on educational technology, including online maintenance of sensitive student and...

October 21, 2024

Governor Whitmer recently signed into law Public Act 110 of 2024, which amends the Michigan Prevailing Wages on State Projects Act (Prevailing Wage Act) to: (1) extend prevailing wage requirements to energy facility projects; (2) impose a registration requirement for state project contractors and subcontractors; and (3) require the submission of certified payroll records for state projects to the Michigan Department of Labor and Economic Opportunity (LEO).

PA 110 will become effective...

October 14, 2024

As anticipated, Moms for Liberty (MFL) has again updated its list of members that are now subject to a Kansas federal court’s injunction. In early July, the U.S. District Court for Kansas enjoined the U.S. Departments of Education and Justice from enforcing the 2024 Title IX regulations in the four states that filed the lawsuit and in any school attended by a child of a MFL member. We covered this decision in our July 2024...

October 7, 2024

When a student’s parents disagree about the care, teaching, and education of their child, school staff must understand each parent’s rights to effectively navigate their expectations and demands. This is particularly difficult when parents are battling over custody.

Nonmarried parents typically have joint physical and legal custody and share authority to make decisions regarding their child’s welfare. Absent a court order specifically stating otherwise, school staff should assume that...

October 4, 2024

Revised School Code Section 1613 allows a school district or ISD to direct local taxing jurisdictions to levy half or all of school taxes on July 1 by filing a summer tax resolution with the local taxing jurisdictions. If your school currently has a summer tax levy and would like it to continue in 2025, your board of education must adopt a resolution and file a copy of it with each city and township within your school’s boundaries on or before December 31, 2024.

The December 31...

October 1, 2024

October is National Principals Month. Having worked with principals for over 75 years, we recognize the hard work, leadership, and dedication necessary to lead a school and commend you for your tireless efforts. From all of us at Thrun Law Firm, thank you!

September 23, 2024

The Michigan Supreme Court recently held that the Michigan Paid Medical Leave Act (PMLA) and the amended Michigan Improved Workforce Opportunity Wage Act (Wage Act) are unconstitutional and void. Mothering Justice v Attorney General, No. 165325 (July 31, 2024). The Court determined that the Earned Sick Time Act (ESTA) and a previous version of the Wage Act will go into effect on February 21, 2025. The revived Acts have significant implications.

Background

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September 16, 2024

The student count days for the 2024-25 school year are October 2, 2024 and February 12, 2025. The October 2 count day is approaching quickly and 90% of a school’s per-student state aid is based on that day’s membership count.

MDE has not yet issued the 2024-25 Pupil Accounting Manual (PAM), but the most recent PAM requires school officials to ensure that:

  • each student is enrolled on or before the count day,
  • student schedules on count day and...
September 9, 2024

Under the Telecommunications Act of 1996, the Federal Communications Commission (FCC) established the Universal Service Fund (USF) to finance programs to expand access to communications services. The USF’s E-rate program assists schools and libraries with accessing affordable telecommunication and internet services.

Recently, the Fifth Circuit Court of Appeals questioned the USF’s existence, holding that it is financed by an unconstitutional contribution system. Consumers’...

August 29, 2024

In April, the Federal Trade Commission (FTC) published a Final Rule that prohibits most non-compete clauses, which was set to take effect on September 4, 2024. The Final Rule would have made it easier for a school to hire or contract with an individual who is subject to a non-compete clause. A Texas federal district court recently ruled that the FTC exceeded its authority and that the Final Rule was arbitrary and capricious, largely due to the prohibition’s scope. Ryan LLC v FTC, No...

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