The Sixth Circuit Court of Appeals, which exercises federal jurisdiction over Michigan and a handful of nearby states, recently decided that schools receiving federal funds are not subject to Title IX liability under a “cat’s paw” theory.  In Bose v Bea, a student was expelled from Rhodes College (Tennessee) for cheating on tests and quizzes. 

In a recent memorandum, the Michigan Department of Education suggested school districts may not want to assume they will be granted “snow‑day waivers” under certain circumstances.  MDE noted that the State School Aid Act grants schools the right to cancel up to six (6) days of instructional time for conditions beyond the district’s control – severe storms,

In an unpublished decision, the United States Third Circuit Court of Appeals in M.S., S.S., on behalf of H.S. v Hillsborough Twp Pub Sch Dist held a school district was not required to reimburse parents the cost of an independent educational evaluation (IEE) until the parents disagreed with the school district’s evaluation of the student. 

Governor Whitmer recently signed House Bills 4311, 4916, 4308, and 4307 into law.  These bills, respectively, create the Lawful Internet Gaming Act, the Lawful Sports Betting Act, the Fantasy Contests Consumer Protection Act, and amend certain provisions of the Michigan Gaming Control and Revenue Act. The Lawful Internet Gaming Act formally regulates the manner in

On January 16, 2020, the U.S. Department of Education released updated guidance regarding religious expression in public schools.  As we all know, the First Amendment prohibits the government (including public schools) from favoring or opposing religion – there’s nothing new on that front.  For example, teachers still can’t lead classes in prayer, and students are still protected

In a recent unpublished case, Stanton v Anchor Bay School District, the Michigan Court of Appeals affirmed the trial court’s determination that Anchor Bay School District and its superintendent, Leonard Woodside, were absolutely immune from intentional tort claims.  The court also allowed the case against Sherry Kenward (Director of Student Services at the District’s high

The Michigan Court of Appeals recently issued an opinion in Meyer v Oakland Community College Board of Trustees, a case involving alleged violations of the Open Meetings Act (OMA), MCL 15.261 et seq.  The salient facts involved a May 2017 meeting by the Defendant Board, during which the Board met in closed session to discuss

In the final month of 2019, the Michigan Employment Relations Commission (MERC) released one noteworthy decision – finding that a union violated its duty of fair representation to an employee. The facts in Technical Professional and Officeworkers Association of Michigan (TPOAM), Case No. CU18 J‑034, are straightforward.  An employee, Daniel Renner, was disciplined by his employer in

On December 12, 2019, the Sixth Circuit – the appellate court that exercises federal control over Michigan and a handful of other states – released its opinion in Kollaritsch v Michigan State Univ Bd of Trustees, ___F.3d___ (2019).  The plaintiff‑appellants in the case argued, generally, that the University denied the appellants educational opportunities in violation of Title IX when

In an unpublished case, Kalamazoo Transportation Association v Kalamazoo Public Schools, the Michigan Court of Appeals sent a FOIA action back to the trial court for further proceedings. The union submitted a FOIA request to the School District for bus discipline‑referral forms, which were filled out by bus drivers to document student misconduct.  The union