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The Michigan Employment Relations Commission (“MERC”) recently adopted (in the absence of an appeal) an Administrative Law Judge’s (“ALJ”) ruling that a public employer’s refusal to bargain over the “impact” of implementing Public Act 54 of 2011 (“PA 54”) violated the Michigan Public Employment Relations Act (“PERA”). City of...
On July 24, 2014, the Michigan Department of Education (MDE) issued revised guidance on budget transparency to include changes required by the fiscal year 2014-15 Education Omnibus Appropriation Bill (PA 196 of 2014). The guidance document is available at www.thrunlaw.com/links.
The 2014-2015 Education Omnibus Appropriation Bill made a number of amendments to various provisions of the State School...
As we reported in the March 27, 2014 edition of School Law Notes, Public Act 12 of 2014 (the “Act”) modified the frequency and recording requirements of Michigan school safety drills. The Act became effective on July 1, 2014.
Under these new requirements, by September 15 of each school year, the chief administrator (or designee) of a school building that operates any of grades kindergarten to 12 must provide a list of the school buildings’ scheduled drill days to the County...
On June 24, 2014, Governor Synder signed the State School Aid Budget (2014 PA 196), which increases funding for the state’s K-12 schools, community colleges, and universities.
For the 2014-2015 school year, all school districts will receive at least $7,251 for their foundation allowance, which includes a one-time equity...
As a new school year approaches and students begin participating in interscholastic athletics, it is important to emphasize that the Revised School Code prohibits the use of performance-enhancing substances by student-athletes and provides certain steps that school officials must take to discourage student athletes from using them.
Since 2006, Section 1318 of the Revised School Code has required school districts to “ensure that its policies concerning a pupil’s eligibility for...
Vendors may offer seemingly simple financing packages to assist school districts in acquiring buses, copiers, technology, or other school equipment. We recommend that our clients not use the financing packages presented by equipment vendors.
The financing package typically utilizes a lease purchase agreement (“LPA”), or other form of financing lease, with a third-party financing company. Under an LPA, a school district avoids creating a debt obligation by pledging general fund dollars...
As the school year comes to a close, many school officials must unfortunately consider program closures for the 2014-2015 school year. You are reminded that great care must be taken before eliminating a special education program, no matter how costly.
The U.S. Department of Education’s Office for Civil Rights (“OCR”) recently investigated allegations that a Michigan school district’s closure of its program for students with emotional impairments violated Section 504 of the...
Many school districts were recently notified by their health insurance providers of the need to opt in or out of “elective” abortion coverage. These notices were sent by health insurance providers pursuant to Michigan’s Abortion Insurance Opt-Out Act, PA 182 of 2013, which became effective March 14, 2014 (the “Act”).
The term “elective” abortion coverage is broadly defined in the Act to mean “the intentional use of an instrument, drug, or other substance or device to terminate a woman...
MERC recently issued two decisions reiterating that teacher layoff, recall, and placement decisions are prohibited bargaining subjects. According to MERC, school districts have no duty to adhere to settlement agreements containing prohibited bargaining subjects or to bargain over expired CBAs or past practices containing prohibited bargaining subjects.
Agreement over Prohibited Subject Is Unenforceable
In Pontiac School Dist and Pontiac Ed Ass’n...
On April 22, 2014, the Michigan Court of Appeals issued an opinion affirming the Michigan Tax Tribunal’s decisions in Lowe’s Home Centers Inc v Township of Marquette, Docket No. 314111 (April 22, 2014) and Home Depot USA Inc v Township of Breitung, Docket No. 314301 (April 22, 2014). In both cases, the Tax Tribunal adopted the so-called “dark store” methodology of valuing “big box” stores for property tax assessments. This approach values a big box store property as if it...