News from Thrun Law

Far too often, IEP Teams gloss over or fail to discuss whether a special education student is entitled to extended school year (ESY) services. Even if a robust discussion occurs, the prior written notice rarely explains why ESY was rejected or included. If the school finds itself in a due process hearing defending an IEP with this deficit, a procedural violation is guaranteed and a substantive violation is possible. Remind your IEP Teams to discuss ESY, consider all eligibility factors, and...

Michigan law requires that public schools adopt their annual budgets before July 1, which is the beginning of the fiscal year. A taxing entity, including a school district or ISD, must implement the truth-in-taxation process if its anticipated operating tax revenue will exceed what it collected in the previous fiscal year (with exceptions for certain taxable additions). Elements of this process include: (1) publishing a newspaper notice, (2) holding a truth-in-taxation public hearing, and (3...

Many public officials, including school board members and administrators, maintain an active social media presence in their individual capacities. On March 15, 2024, the U.S. Supreme Court ruled in a unanimous opinion that a government official’s “comments” and “likes” on their personal social media account may constitute state action and implicate the First Amendment. Lindke v Freed, 601 US __ (2024).  

James Freed converted his private Facebook page to a public figure “page...

The Sixth Circuit Court of Appeals, whose decisions are binding in Michigan, recently dismissed an Americans with Disabilities Act (ADA) lawsuit by a delivery driver who alleged that his employer discriminated against him because of a disability. The employee claimed that his employer violated the ADA by transferring him to a lower-paying position and by refusing to provide a reasonable disability accommodation. Cooper v Dolgencorp, LLC, Case No. 23-5397 (CA 6, 2024). The Sixth...