Clearing Up FOIA and Use of Personal Devices
Every now and then the question resurfaces: are a school administrator’s personal devices subject to the Freedom of Information Act (“FOIA”)? Understandably, the question elicits a degree of apprehension. That apprehension usually does not come from fear that wrongdoing or illegal activity will be discovered – there probably isn’t any misconduct or illegal conduct to be found – but from the discomfort that comes with the invasive nature of publicly disclosing information from one’s personal device. …
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…
Battling E-Cigarettes in Schools
Principals are all too familiar with the dramatic increase in vaping activity among middle school and high school students. Vaping involves using an electronic nicotine delivery system (ENDS) like an electronic cigarette or other device and taking small puffs of liquid nicotine vapor produced by the device. Juul devices, which are particularly popular among teenagers, are small ENDS devices that can fit in the palm of a student’s hand. Juul devices resemble…
Good Students Gone Bad: Repercussions for Misbehaving Seniors
Written for MASSP's LegalEase newsletter by the attorneys at Lusk Albertson The waning months of the school year are a stressful time, often exacerbated by incidents of student misconduct that sometimes come with cabin‑fevered students. Seniors, in particular, have been known to participate in a variety of send-off traditions, including prom, pranks, and graduation … and they often develop an air of invincibility in their final days of school attendance. When seniors…
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…
Snow Days and Social Media
The holiday season is in the rearview mirror and Spring Break is on the distant horizon. During this time of year, virtually the only reprieve from school for students – and staff – comes in the form of the sought‑after snow day. It’s no secret that students and staff enjoy these breaks and aren’t afraid to let the world know. But that enthusiasm presents risks in the era of social media; delighted teachers can come off…
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…