Latest Publications

Share:

6th Circuit Clarifies Rules for Disciplining Students for Off-Campus Speech and Conduct

On June 2, the 6th Circuit Court of Appeals – the federal appellate court whose rulings are applicable in Michigan – issued a decision that clarifies the circumstances under which a school district may discipline a student...more

Recent MDHHS Order Impacts Meetings of Public Bodies

On March 2, 2021, the Michigan Department of Health and Human Services (“MDHHS”) issued another Gatherings and Face Mask Order (the “Order”). The Order went into effect March 5 and has implications for meetings of public...more

Recent Michigan Open Meetings Act Amendments Significantly Limit Remote Meetings or Participation After March 31, 2021

In October 2020, and then again in December 2020, the Michigan Legislature amended the Open Meetings Act to expressly permit remote meetings of public bodies while the COVID-19 pandemic continued. The initial amendment became...more

Executive Order 183 Permits Resumption of Live Board Meetings, With Limitations

On Friday, September 25, Governor Whitmer issued Executive Order 183, an update to her “Safe Start” orders for re-opening Michigan’s economy. EO 183 was heavily reported in the media because it authorized the re-opening of...more

Michigan Supreme Court Decision Broadens FOIA Definition of Public Body

Michigan’s Freedom of Information Act (“FOIA”) requires production (absent statutory exemption) of a “public record,” defined as “a writing prepared, owned, used, in the possession of or retained by a ‘public body’.”...more

Governor Whitmer's Executive Order Relaxes Certain FOIA Response Requirements

On Sunday evening, April 5, 2020, Governor Gretchen Whitmer issued her Executive Order 2020-38, entitled “Temporary Extensions of Certain FOIA Deadlines to Facilitate COVID-19 Emergency Response Efforts.” As its name...more

New Executive Order Temporarily Suspends Certain Requirements of Open Meetings Act

On March 18, 2020, Governor Whitmer issued Executive Order 2020-15, which temporarily relaxes certain requirements of the Open Meetings Act (“OMA”) as a result of the COVID-19 pandemic. ...more

Districts Must Promptly Enact Policies Banning Abortion Advice or Risk Major Financial Sanctions

Buried about two-thirds of the way through Michigan's 2016 School Aid Act was a fairly onerous provision with a deadline for compliance that was pushed out more than three years. ...more

Michigan’s Legalization of Marijuana Need Not to Change School District Policies

On November 6, 2018, Michigan voters passed Proposal 1, which legalizes the possession, use, and cultivation of marijuana and certain products containing marijuana by persons 21 years or older. The new law became effective on...more

Policies Prohibiting Weapons on School Property Are Upheld by Michigan Supreme Court

In a decision eagerly anticipated by the school community throughout the state, on July 27, 2018, the Michigan Supreme Court held that school policies that prohibit weapons, including firearms, on school property are valid...more

Closed Sessions of Public Bodies to Discuss Pending Litigation Must Identify the Litigation

Section 8(e) of the Open Meetings Act, MCL §15.268(e), provides that a public body, such as a school board or city council, may move into closed session “to consult with its attorney regarding trial or settlement strategy in...more

Michigan Court of Appeals Again Addresses When Teachers May Challenge Their Evaluations

In June of 2015, the Michigan Court of Appeals decided Summer v Southfield Board of Education (“Summer I”), addressing the circumstances and bases under which a teacher may challenge his or her annual evaluation as a result...more

Michigan Court of Appeals Holds that Schools May Ban Firearms from School Property

In two published decisions, issued on December 16, 2016, the Michigan Court of Appeals has held that schools and school districts have the legal authority to forbid the possession of firearms on school premises. The...more

Michigan Supreme Court Broadens Schools' Immunity for 1230b Reports of Unprofessional Conduct

Under Section 1230b of the School Code (MCL §380.1230b), a school or district that formerly employed a teacher is required upon request by a prospective employer to furnish information about "unprofessional conduct" in which...more

Michigan Court of Appeals Clarifies When Documents Produced Under FOIA Are Due

Michigan's Freedom of Information Act ("FOIA") has, from its enactment, expressly provided that a public body must respond to a proper request for documents within five business days of when the request is received (subject...more

Open Meetings Act Update: "Informal Meetings;" Remote Participation

A recent Court of Appeals decision regarding Open Meetings Act requirements for "informal meetings" of the University of Michigan Board of Regents, and continued questions about whether members of public bodies can...more

16 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide