The Uniform Grant Guidance (Guidance), issued through the federal Office of Management and Budget (OMB), establishes uniform administrative require-ments, cost principles, and audit requirements for federal awards to non-federal entities (e.g., schools). Given the waves of ESSER funding over the last few years, school officials have likely become familiar with federal procurement requirements. For Thrun Policy Service subscribers, federal procurement is governed by Policy 3301A.
In...
This article is the second in a series analyzing recent labor law changes. This month’s topic examines the repeal of Public Employment Relations Act (PERA) Section 15b, MCL 423.215b, widely referred to as PA 54. Since June 8, 2011, PA 54 has prohibited public employers from automatically increasing wages and benefits, including step, lane, and longevity increases, during the time between the expiration of a collective bargaining agreement (CBA) and the ratification of its successor. PA 54...
Governor Whitmer recently signed into law Public Act 51 of 2023, which limits school officials’ authority to discipline a student who reports or is reported to have been sexually assaulted. The legislative intent of PA 51 is to increase reporting of sexual assault by limiting consequences to victims for conduct related to the reported sexual assault. For example, if a student reports sexual assault to school administrators and that student was in a prohibited location on campus when the...
When is a school responsible for a special education student’s excessive absences? According to a recent Michigan special education due process case handled by Thrun Law Firm, it depends on whether the cause of the student’s absences is within the school’s control. M.R. v Montrose Community Schools, Case No. DP-22-0098 (June 29, 2023).
When a student is excessively absent from school, it starts the school’s truancy process. If the student receives special education services,...
The U.S. Supreme Court recently clarified employer responsibilities following an accommodation request under Title VII, a federal law that prohibits religious discrimination in employment. Groff v DeJoy, Case No. 22-174 (2023). The clarification makes it more difficult for an employer to lawfully deny such a request.
Gerald Groff is an Evangelical Christian whose religion requires devoting Sundays to worship and rest, not work. Groff began working for the U.S. Postal Service...
Due to the increase in student threats, many school officials have had some form of threat assessment training. But the underlying question remains: when can a school discipline a student for making a threat?
School officials may discipline a student for speech in accordance with the student handbook and board policy when the speech is a “true threat,” which is a statement where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence...
To help school officials understand and prepare for pending changes to the Public Employment Relations Act (PERA) and the Revised School Code (RSC), upcoming editions of School Law Notes will include articles analyzing the new laws and implications for schools. This month’s topic is union dues deduction.
Since March 16, 2012, PERA Section 10 prohibited schools from using resources to assist labor unions in collecting dues. The Michigan Legislature recently passed legislation...
Thrun Law Firm announces the well-deserved retirement of our colleague and friend Meg Hackett, who retired on June 30 after 16 years of exemplary service to this firm and our public school clients. Meg came to the Firm in 2007 with 25 years of experience, including 12 years as in-house counsel for educational institutions.
During her...
Though perhaps not as grandiose as engravings on stone tablets, the U.S. Department of Education (USDOE) recently released guidance on constitutionally protected prayer and religious expression in schools, in accordance with the Elementary and Secondary Education Act of 1965 (ESEA). The guidance can be found here.
Constitutional Principles
Generally, the First...
The Sixth Circuit Court of Appeals, whose decisions are binding in Michigan, recently rejected a claim that a school violated the First Amendment when it suspended a student for impersonating his teacher on Instagram and posting violent and sexual content regarding other teachers. Kutchinski v Freeland Cmty Sch Dist, Case No. 22-1748 (CA 6, 2023). We discussed the lower court’s decision in the September 2022 edition of School Law Notes.
Background
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