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…
Service Animals and Schools – Legal Factors You Need to Know
Written by Kevin Sutton, Attorney and Partner at Lusk Albertson PLC A student appears in your office, toting an adorable dog. "Not appropriate for school" is your immediate thought, but then the student throws you a curveball. The animal is not a pet, but a service animal, intended to support the student with a medical issue of some sort. That sounds kind of legal. So, what do you do? As the use…
What’s In a Name? American Indian Mascots and Schools
Written by Kevin Sutton, Attorney and Partner at Lusk Albertson PLC October in America. Friday night, watch the Cleveland Indians in an MLB playoff game. On Saturday, see the CMU Chippewas battle on the college football gridiron. On Sunday afternoon, catch the Washington Redskins fight for reign in the NFL. American Indian symbols are pervasive in our society, particularly as mascots for schools and athletic teams. And while many schools and professional…
The Limits on Student Speech in These Interesting Times
Written by Kevin Sutton, Attorney and Partner at Lusk Albertson PLC Make America Great Again. Resist. Black Lives Matter. Blue Lives Matter. Charlottesville. Obamacare. Drain the Swamp. It's fair to say that we are living in interesting times. It's also fair to say that there is no shortage of opinions out there regarding, well, just about everything. Add in the ease with which we can instantly communicate with the entire world (see:…
The Roller-Coaster Ride of LGBTQ Student Rights
Written and provided by Kevin Sutton, Attorney at Lusk Albertson An old adage advises that the only certainty in life is change. In the world of school law and student rights, perhaps no topic has experienced more change – and been the source of more debate – over the past twelve months than the issue of LGBTQ student rights. (more…)
To Tweet or Not to Tweet, That Is the Question
Written and provided for MASSP by the attorneys at Lusk Alberston, P.C. In the days since President Trump's Inauguration, social discourse on a host of issues – immigration, trade, great big walls, and more – seems to have reached a fever pitch, particularly on social media. Fortunate is the Facebook timeline or Twitter feed devoid of political commentary from a relative, friend, or co-worker. Our young people have not been immune to…
The Final Flurry of 2016
Written for MASSP's LegalEase newsletter by the attorneys at Lusk Albertson The final weeks of 2016 held several important developments for public education. Legislative enactments by the "lame duck" Michigan Legislature were the primary source, but the Michigan Court of Appeals also weighed in with an important decision. Here's a quick recap of the final flurry of activity in 2016… Zero Tolerance Legislation (more…)