News from Thrun Law

August 26, 2016

On July 19, 2016, the State School Reform/Redesign Officer (SRO) initiated meetings with school superintendents and board presidents who have underperforming buildings within their districts. Identified as “priority schools,” there are ap­proximately 184 underperforming school buildings targeted by the SRO.

The SRO requested that school officials meet by September 1 to discuss priority schools in their districts. In the meeting request, the SRO indicated that the following...

August 25, 2016

Below is a brief overview regarding the SRO, the recent appointment of a CEO in East Detroit Public Schools, and Public Act 192 of 2016.

Background on the State School Reform/Redesign Office

In 2010, the State School Reform/Redesign Office was created. At that time, the SRO reported directly to the State Board...

August 22, 2016

The Michigan Court of Appeals recently issued a published decision explaining that “granting” a request for public records under the Michigan Freedom of Information Act (“FOIA”) is separate and distinct from “fulfilling” a request. Cramer v Village of Oakley, No. 330736 (Mich App, 2016).

Brandi Cramer sent six FOIA requests to the Oakley police department seeking information about the village’s reserve police department unit. The village sent written notice to Cramer stating...

August 15, 2016

For school districts with a July tax levy, local tax-collecting units recently sent summer tax bills to district taxpayers. Those municipalities will collect school taxes on those districts’ behalf. Every year, however, some of our clients receive collected tax revenue late, causing unexpected cash flow problems. School officials should be aware that tax-collecting units have a statutory duty to timely transfer school tax revenues.

Township and city treasurers generally are...

August 8, 2016

As of 2006, roughly 88 percent of schools had at least one student with a food allergy, according to the U.S. Centers for Disease Control and Prevention. In response to the increasing number of students with food allergies, the Michigan Department of Education recently developed and released Food Allergy Guidelines for Michigan Schools. The guidance encourages each school to have its own food allergy policy and provides a broad overview of many topics, including legal rights and...

August 1, 2016

In a June 2, 2016 memo to local and ISD superintendents and public school academy directors, the Michigan Department of Edu­cation announced the commencement of an “appeals window” for the five most recent years of educator evaluation data in the Registry of Education Personnel (“REP”).

Under Public Act 173 of 2015, the Superintendent of Public Instruction is prohibited from issuing an initial professional teaching certificate (effective July 1, 2018) or an initial or renewed advanced...

July 18, 2016

As reported in the May 26, 2016, edition of School Law Notes, the U.S. Department of Labor recently announced final rule changes to the Fair Labor Standards Act (FLSA) (effective December 1, 2016) that significantly increase the salary amount an employee must earn to meet the administrative, executive, and professional exemptions from overtime pay. This article addresses proactive steps school officials should take to audit compensation practices to avoid legal liability under the...

July 1, 2016

Employees with disabilities are not exempt from maximum leave policies. Such policies, however, may need to be modified as a reasonable accommodation for disability-related absences, unless the employer can show that doing so would cause undue hardship to the employer.

  1. Sixth Circuit Requires Timely Request for Extended Leave under the ADA

The Sixth Circuit Court of Appeals recently dismissed the Americans with Disabilities Act (ADA) claims of a school...

June 30, 2016

Public Act 194 was signed by Governor Snyder on June 21, 2016, amending Section 2a of Michigan’s Public Employment Relations Act (PERA), effective September 19, 2016, to revise the penalties and procedures for teacher strikes, MCL 423.202a.

New Procedures

A public school employer, or the State...

June 20, 2016

On May 18, 2016, the U.S. Department of Labor announced final rule changes to the Fair Labor Standards Act that significantly increase the salary amount an employee must earn to meet the administrative and executive exemptions from overtime pay. The final rule, however, does not make any changes to the “duties test” that also must be satisfied for administrative and executive salaried employees to be considered exempt. While these rule changes do not take effect until December 1, 2016...

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