With the excitement of the holiday season, finance-related filings may be the last thing on school officials’ minds. Nevertheless, they must remember two important end-of-the-calendar year deadlines.
Continuing Disclosure
If your school has outstanding bonds, your school likely entered into a “continuing disclosure agreement” (CDA). A CDA requires school officials to submit certain “continuing disclosure” documents annually to the Municipal Securities Rulemaking Board...
Imagine this: A parent submits a request for their student’s records and all internal staff emails that include the parent’s or student’s name. What do you do? Responding to this cumbersome request requires school officials to comply with both the Family Educational Rights and Privacy Act (FERPA) and the Freedom of Information Act (FOIA).
FERPA First
FERPA is a federal law that protects the privacy of student education records. FERPA applies...
Obtaining “qualified status” each year from the Michigan Department of Treasury is critical if your school wants to borrow money. To issue most types of debt, a school must either have: (1) prior approval or (2) qualified status. The latter saves schools both time and resources.
Prior Approval
Acquiring Treasury’s prior approval is the more costly and time-consuming option. If a school has not obtained qualified status, then school officials must...
School libraries — previously known for their quiet, studious atmosphere — are now becoming contentious, cultural hotspots.
Recently, a Michigan circuit court weighed in on a library book-ban dispute between Parents and Taxpayers Against Pornography (the “Organization”) and Rockford Public Schools (the “District”). Parents and Taxpayers Against Pornography in Rockford Public Schools v Rockford Public Schools, Case No. 23-08510-AW, opinion and order of the 17th Circuit Court...
Parental support is a vital component of high school athletics, but it can also present schools with unique challenges. In McElhaney v Williams, one parent’s overzealous advocacy turned into controversy.
The Sixth Circuit Court of Appeals, whose decisions are binding in Michigan, recently held that a parent’s criticism of coaching decisions was protected speech under the First Amendment. McElhaney v Williams, Case No. 22-5903 (CA 6, 2023). This decision reminds...
Thrun Law Firm has recently experienced an uptick in transgender student questions. We are also monitoring pending Michigan litigation and Office for Civil Rights complaints filed against schools for their approaches to accommodating transgender students.
Conflicting court decisions and varying guidance from state and federal agencies render this topic complex. Below is general guidance on three frequent questions we receive from clients regarding transgender students.
Every year school officials confront the quandary of what schools can do to celebrate the holidays without running afoul of the Constitution. School celebrations — whether musical performances, decorative displays, or curricular activities — often involve religious content that implicates the First Amendment’s Establishment Clause. Under the Establishment Clause, the government (including public schools) may not endorse or promote religion.
Last year, the U.S. Supreme Court struck...
On October 10, 2023, Governor Whitmer signed into law with immediate effect Public Act 147 of 2023, which amends the Michigan Public School Employees Retirement Act (MPSER) to allow certain retirees to continue to receive their retirement allowance and subsidy for health care benefits when returning to work for a “reporting unit” (i.e., a public school district, ISD, or public school academy) sooner than previously permitted. This change will remain in place for five years after its...
RSC Section 1613 allows a school district or ISD to authorize local taxing jurisdictions to levy half or all 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 2024, your school’s 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, 2023.
The December 31 deadline is...
As previously announced in School Law Notes articles and E-Blasts, schools nationwide have been joining a lawsuit against Facebook, Instagram, Snapchat, Tik Tok, and other social media platforms. The lawsuit asserts that those social media platforms targeted minors to maximize profits, despite knowing the severe detrimental effects of excessive social media use by minors.
The deadline to join the lawsuit is December 29, 2023. To date, over 100 Michigan...