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Governor Whitmer recently signed into law Public Act 184 of 2022 (PA 184) which amends the Michigan Public School Employees Retirement (MPSER) Act and alters requirements affecting retirees employed by a “reporting unit” (i.e., a public school district, intermediate school district, or PSA). PA 184 went into effect on July 25, 2022.
As used in the MPSER Act, “employed at a reporting unit” now means “employed directly by a reporting unit as an employee, indirectly by a reporting unit...
On July 19, 2022, the Michigan Court of Claims ruled unconstitutional the Legislature’s 2018 amendments to the voter-proposed Paid Medical Leave Act (PMLA) and Improved Workforce Opportunity Wage Act (IWOWA) legislation. The PMLA generally requires employers to provide paid medical leave to eligible hourly employees, while the IWOWA governs Michigan’s minimum...
It may feel like summer just began, but students will be returning to campus in a few short weeks. Prepare for the upcoming school year by proactively taking steps to avoid common legal problems.
Corral Your Coordinators!
Federal law requires every school to appoint a Title IX Coordinator. Many schools appoint two Title IX Coordinators to account for possible conflicts of interest. Before this school year begins, ensure that your school has...
In Sawicki v Bangor Twp Sch Dist (21-8), the State Tenure Commission (STC) upheld the school district’s discharge of an insubordinate teacher. Thrun Law Firm successfully represented the school district in bringing tenure charges.
During his 29-year employment with the District, Sawicki was placed on several different individual development plans (IDPs) for performance issues. During remote instruction in the 2020-2021 school year, Sawicki failed to create and follow...
Michigan schools have struggled to determine their obligations to students and staff under the 2020 Title IX regulations. The Sixth Circuit Court of Appeals, the federal appellate court whose decisions are binding in Michigan, recently issued an opinion that provides important Title IX guidance for school officials. Doe v Metro Gov’t of Nashville and Davidson Cty, Tennessee (CA 6, 2022).
The case encompasses lawsuits for Title IX violations brought by two female high school...
As school boards adopt their budgets for the 2022-23 school year, school officials should be mindful that State School Aid Act Section 18 mandates a deadline for posting the school’s annual budget and required financial information. Within 15 days after a school board adopts its annual operating budget for the upcoming fiscal year, the school must post or provide a link to the budget on its or its ISD’s website homepage.
Within the same timeframe, schools must also post a summary of...
This month’s Back to Basics article focuses on the hearing process to contest worker unemployment claims. School officials must be mindful of the applicable timelines and procedures to contest claims.
Denying & Contesting Claims
Unemployment compensation is paid to workers who are unemployed through no fault of their own. If a worker becomes unemployed because of his or her own actions, such as by quitting or being fired for misconduct, he or she should be...
The Michigan Finance Authority’s (MFA) August 2022 state aid note program materials, including the loan application, cash flow form, instructions, and calendar, are now available on the MFA’s website at www.michigan.gov/treasury/finance/mfa/note.
The general powers school district and ISD filing deadline to file application materials with the MFA is Tuesday, July 5, 2022.
Public school academies...
With an increasing number of unemployment claims filed by unemployed or underemployed workers, school officials must be mindful of the statutory timelines and procedures when contesting claims.
Generally, unemployment benefits are provided to mitigate the impact from the sudden loss of income due to unemployment. The right to such benefits is governed by the Michigan Employment Security Act (MESA), which is administered by the Michigan Unemployment Insurance Agency (UIA). MESA’s...
Many school officials have reported a new challenge related to COVID-19: fewer vendors are submitting bids on requests for proposals (RFPs) for construction projects and materials, supplies, and equipment. Some vendors appear reluctant to take on school construction projects due to the limited availability and rising costs of building materials.
When Are Bids Required?
Michigan law requires schools to engage in competitive bidding in the following...