News from Thrun Law

March 2, 2015

Under Section 614 of the Revised School Code, board membership is determined biennially on the first Monday in June for intermediate school districts that do not have popularly-elected boards of education. Board members are elected by a body com­posed of one person designated by the board of each constituent school district. A calendar of significant dates for the biennial elec­tion is attached to this edition of School Law Notes.

Appointing a Representative...

February 24, 2015

Governor Snyder recently signed into law PA 563 of 2014, modifying statewide standards for public bodies in disclosing public records and charging fees under the Freedom of Information Act. PA 563 is effective July 1, 2015.

Section 4 of the FOIA states that a public body may charge a fee for searching, copying, and providing pub­lic records in response to a FOIA request if it has established and made public its FOIA policies. Before completing a FOIA request, a public body may require...

February 16, 2015

On January 13, 2015, Governor Snyder signed into law PA 478 of 2014, which amends section 1310b of the Revised School Code to require school anti-bullying policies to include a statement prohibiting cyberbullying. This amendment becomes effective on March 19, 2015, and requires that, by September 19, 2015, schools include “cyberbullying as a form of bul­lying” in anti-bullying policies.

PA 478 amends the statutory definition of “bully­ing” to include “cyberbullying.” The amended law...

December 29, 2014

The U.S. District Court for the Eastern District of Michigan recently granted a temporary restraining order banning a special education student from en­tering school grounds pending the outcome of further Individualized Education Program (“IEP”) team meetings based on the student’s violent outbursts. Wayne-Westland Community Schs v VS, Docket No. 14-13904 (ED MI, 2014).

V.S., a 6-foot tall and 250-pound teenager, repeatedly threatened and attacked students and staff members....

December 19, 2014

MERC recently ruled that neither the Freedom of Information Act (“FOIA”) nor the Public Employment Relations Act (“PERA”) requires an employer to provide a union with confidential interview questions used in making a promotion determination, even if the union claims the information is necessary for processing a grievance. County of Macomb, Case No. C11 L-215 (September 26, 2014).

In November 2010, Macomb County posted an opening for a Custodial I position. This position was...

December 15, 2014

The December 31, 2014 Qualifying Statement filing deadline is fast approaching. School officials should take the necessary steps to ensure that the Qualifying Statement form is filed with the Michigan Department of Treasury (“Treasury”) on or before the deadline to avoid late fees and other negative consequences...

December 15, 2014

Clients may be eligible to receive settlement payments in connection with a class action lawsuit filed against financial institutions accused of collu­sion on municipal bond transactions. To receive a settlement payment, class members must submit a claim by the January 13, 2015 deadline. In re Municipal Derivatives Antitrust Litigation, No 1:08-02516, MDL No 1950 (SD NY), a class action lawsuit brought on behalf of various municipalities from...

December 9, 2014

As part of Thrun Law Firm’s Holiday Outreach we have adopted a unit of servicemen and women from the Shaw Air Force Base who are supporting the 77th Fighter Squadron stationed in the Middle East.  The Holidays can be an especially tough time for the men and women of our Armed Services, and it is our hope that we can make the Holiday season a little easier and more enjoyable for them.  While there is no way to give these heroes the joy of being on our home soil...

December 8, 2014

Many schools, by virtue of having issued bonds, are required to perform “continuing disclosure,” which includes the annual filing of (1) their audit and (2) updates to certain financial and operating infor­mation with the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access System (“EMMA”).

If your school has bonds outstanding and a Con­tinuing Disclosure Agreement was entered into as part of the bond transaction, it is imperative that the annual disclosure...

December 1, 2014

The winter holiday season poses challenges to school officials seeking to recognize holidays without infringing upon the First Amendment’s Establishment Clause. While the U.S. Supreme Court has not yet ruled specifically on religious holiday celebra­tions in public schools, there are a number of other decisions by the Supreme Court and lower courts that provide guidance to school officials about handling religious holidays consistent with the First Amendment.

The Supreme Court has...

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