Back to School, Back to Basics
It’s that time of year again – pencils sharpened, notebooks purchased and the start of the school year is underway. There’s excitement all around as kids see their friends and teachers make new seating charts. For administrators, there’s a need to schedule and provide professional development. Often, we’re focused on the new, cutting-edge technology and student growth opportunities. Amid the flurry of fresh opportunities, we may lose sight of other equally important…
A Refresher on Service Animals
Written for MASSP's LegalEase newsletter by the attorneys at Lusk Albertson It should come as no shock that the use of service animals is on the rise. Those of us in the legal world have certainly not seen any slowdown in client questions regarding what the law says about service animals, and we don’t expect to see a shortage of similar situations in the near future. To that end, now is a…
Legal Survival Guide Offers Plentiful Resources for Administrators
Spring is an exciting time. The weather gets warmer, the days are longer, and the end of the school year is in sight. While there is still ground left to cover this school year, it’s already time to start thinking about next year. To that end, spring is when high schools across the state are starting to review their student handbooks, policies, administrative regulations, etc. for the upcoming school year. This year,…
What You Need to Know: FERPA and Emergency Situations
Written for MASSP's LegalEase newsletter by the attorneys at Lusk Albertson It’s no secret: we’ve been bombarded with snow and ice for the last month, causing a slew of school closures statewide. Knock on wood, more‑refreshing weather is in store for us in March. In the interim, and thanks to the U.S. Department of Education’s timely help, we can refresh ourselves on the requirements of the Family Educational Rights and Privacy Act…
Marijuana Legalized: For Schools, Business as Usual
Recreational marijuana is now legal in Michigan. By a roughly 56-44 margin, Proposal 1 ("Prop 1") was passed by voters in the recent election. The specific language of the ballot proposal was as follows: (more…)
When Is Something a Title IX Issue and When Is It Not?
There has been a lot of attention given to Title IX in recent months, due in no small part to the atrocities perpetrated by Larry Nasser at MSU and the ensuing criminal prosecutions. And while the spotlight on East Lansing may give us the feeling that Title IX compliance is really a university-level issue, its mandates also fully apply to the K-12 setting. To that end, school district administrators have been wrapping…
Assessment Changes for 2018-19: The Basics on Benchmark Reimbursement
Michigan’s state assessment system will look a little different for the 2018-19 school year. Section 104d of the State School Aid Act (P.A. 265 of 2018) allocates a total of $9.2 million for reimbursement to districts for the purchase of one of three types of assessments: A computer-adaptive test; or One or more diagnostic tools or screening tools, for pupils in grades K-3 that are intended to increase reading proficiency by grade…
Supreme Court: Schools Can Ban Weapons on District Property
On Friday, the Michigan Supreme Court ruled that school districts are not barred from banning guns on their property. The Court, in its majority opinion, opined that the Legislature may preempt these types of bans and prohibit districts from adopting such policies, but "it has not done so here." The opinion, regarding the Ann Arbor and Clio cases, goes on to say, "Not only has our Legislature not preempted school districts' regulation…
Firearms, Safety and Schools – A Legal Perspective
Written by attorney Kevin Sutton, Partner at Lusk Albertson, PLC Donald Trump. The Washington Post. National and state lawmakers. In the wake of the Parkland shooting, it seems everyone is wading into the conversation about firearms and safety – again. State Representative Jim Runestad recently pledged to draft legislation that will allow trained teachers to access firearms stored safely in containers on school property. Whether or not Rep. Runestad's bill gains traction…
Why Am I Signing This Waiver?
Written by attorney Kevin Sutton, Partner at Lusk Albertson, PLC Some things in life are certain – death, taxes, and pre injury liability waivers. These are all riveting subjects, but the last is particularly ubiquitous in our daily lives. From harrowing activities like skydiving, to more mundane events like playing in a sports league, you've probably signed at least dozens of these kinds of waivers in the past. And if you have…