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....
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...
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...
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...
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...
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...
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...
School officials are reminded that while school board elections were moved to the even-year November election date beginning in 2012, current law permits school districts to place millage and bond propositions on the ballot at the four regular election dates each year (in February, May, August, and November), as well as certain petition initiative election dates.
The 2015 regular election dates for millage or bond proposals are as follows:
February 24...
The importance of obtaining “qualified status” each year from the Michigan Department of Treasury (“Treasury”) cannot be overemphasized. School districts, intermediate school districts, and public school academies that obtain qualified status are able to more swiftly issue new bonds and notes and pay lower filing fees to the State of Michigan for that debt. Those that do not obtain qualified status may experience significant delays in issuing bonds and notes during calendar year 2015....
On September 15, 2014, MERC again ruled that insisting on a prohibited subject at the bargaining table violates PERA and constitutes an unfair labor practice. Calhoun Intermediate Ed Ass’n, Case No CU12 B-009 (September 15, 2014). This case was handled by Thrun Law Firm and serves as an important road map for bargaining after the 2011 amendments to PERA.
More than two years ago, Calhoun Intermediate School District (“ISD”) engaged in negotiations with the Calhoun...