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
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
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
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’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
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
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
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
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
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
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
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
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
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'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
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