DID YOU KNOW?

Notwithstanding some tendencies and practices to the contrary (not within your district, of course), the Michigan Open Meetings Act does not authorize a board of education to meet in closed session whenever a “personnel matter” is to be considered. This catch-all phrase is simply not found within the text of the OMA.

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On March 3, 2020, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Mascow v. Board of Educ. of Franklin Park Sch. Dist., No. 19-2563.  It concluded that a teacher failed to establish a First Amendment claim but was able to state a valid Fourteenth Amendment Due Process claim.  The essential
The Sixth Circuit recently issued an opinion in Chisholm v St. Mary’s City School District Board of Education, addressing Title IX prohibitions within the football setting as well as an intentional infliction of emotional distress claim.  Plaintiffs claimed that the coach harassed them by using the term “pussy” with the intent to insult them in
MDE recently issued guidance on compensatory education, available here.  We note MDE clearly and correctly states compensatory education is not available unless a FAPE violation “… had a direct and negative impact on the student’s progress.”  Similarly, the guidance clearly and correctly states compensatory education is not based any formula, but is designed to “…
On March 24, 2020, Governor Whitmer’s stay‑home Executive Order (EO) took effect.  EO 2020‑21 contains a number of exceptions that allow certain individuals to travel, as necessary.  It also requires businesses and other operations to provide written designation relative to critical infrastructure employees and employees who conduct minimum basic operations, if those essential employees will

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