Search & Seizure
Provided for MASSP's LegalEase by our partners at Miller Johnson Attorneys. Prior to Oxford, we were receiving a number of questions about students bringing weapons to school – something we attributed to a larger pattern of people behaving poorly due to the pandemic. Post-Oxford, the questions became – and continue to be – more proactive (i.e., “How do we find the threat before it becomes dangerous?”). The ongoing spate of questions suggests now is…
Return to School, Return of Hemp/CBD
As promised in our last LegalEASE, this month’s article will focus on the legal status of hemp/CBD products (oils, gummies, etc.) in school environments. In 2018, as part of a “farm bill,” Congress legalized hemp/CBD. Legally speaking, hemp and marijuana both come from the cannabis plant, but hemp has less than .3% THC. Hemp is not marijuana and is not an illegal Schedule I drug. A CBD product can be derived from…
Legal Searches in School: Reasonable Suspicion Required
The Fourth Amendment to the U.S. Constitution guarantees “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” This right generally requires officials to have reasonable cause before searching or seizing an individual or their property. In 1985, the U.S. Supreme Court held that the Fourth Amendment applies to students in the public schools (New Jersey v. T.L.O., 1985). The Court concluded,…
Rethinking Pandemic-Era Expulsions
We don’t know the impact COVID‑19 has had, and will have, on our students. We won’t know the full extent of its effects for many years, if ever. This sobering reality will be something with which our future selves will need to grapple. Here in the present, we are already seeing one consequence of COVID‑19 and the mitigation strategies that have been in place for the last year and a half: a…
New CDC Guidance: What You Should Know
On February 12, 2021, the CDC released guidance titled “Operational Strategy for K-12 Schools through Phased Mitigation.” As a supplement, the Department of Education released its own document titled “ED COVID-19 Handbook Volume 1: Strategies for Safely Reopening Elementary and Secondary Schools.” Each emphasizes the importance of in-person instruction and provides recommendations as to how to best return to in-person instruction and maintain that mode of learning. With each document punching in…
Setting Title IX Expectations Under the Biden Administration
A new administration means a new set of policies, and the shift is more dramatic when the White House is occupied by a member from the opposite political party. One of the more impactful changes for schools and universities during the Trump administration was in the realm of Title IX. The recently‑imposed regulations place emphasis on the rights of the accused, much to the consternation of advocates for the rights of complainants. …
Setting Expectations for Staff and Student Immunizations
This month, the first COVID-19 vaccines were officially rolled out to a limited number of individuals. Although we are unlikely to see widespread application of these vaccines to the general population immediately, we can expect availability in the months to come. Given the world-halting impact of the virus, which continues to foreclose in-person learning for many Michigan schools, school administrators will naturally ponder the extent to which students and staff may be…
The New Title IX Regime
In February 2020, we wrote that the Department of Education’s new regulations relative to the implementation of Title IX were expected to be finalized within a few weeks – then the COVID-19 pandemic shut down the country. Finally, on May 6, 2020, the Department released its final rule. The contents of the new regulations are dense, even for lawyers, but are of paramount importance for universities and, to a somewhat lesser extent, K-12 schools. …
The New Era of Anti-Tobacco Laws
We know you haven’t been living under a rock, so you’re well aware of the vaping and electronic cigarette use causing widespread concern across the nation. Recent statistics have shown that an alarming percentage of high school students (20%) – and even middle school students (5%) – have been using these products. There are media reports of students becoming hospitalized, and even dying, linked to alleged vaping. Worse, many companies show no signs of stemming the…
Students, Snow Days, and Social Media
As the famous holiday jingle goes, “It’s the most wonderful time of the year.” Students (and staff) look forward to the extended holiday break before class resumes in the new year – and in this case, the new decade. While the holiday break is the most anticipated official reprieve from class during the school year, returning students will certainly be hoping for an outpouring of “unofficial” breaks later in the form of snow days.…