November LegalEase | Developing Effective AI Policies
The development of generative artificial intelligence in the form of large language models is potentially a game changer for educators across the country. Artificial Intelligence is really good at assisting with mundane and repetitive tasks. But risks abound and school administrators should be mindful of the risks to make sure concerns can be addressed before letting staff and students loose with this new tool. Critically, there are few suggestions that legislators at…
October LegalEase | Student Displays
As the calendar turns to October in a presidential election year, there are a growing number of questions and concerns about the First Amendment rights of students. Student walkouts and armbands are the traditional fodder for student protest behaviors – but what about when a student wants to prepare a display on school property? Invariably, the discussion about a display will involve an allegation that the display is on “public property” and…
September 2024 LegalEase | TITLE IX
On August 1, new Title IX regulations took effect which reshaped Title IX compliance for school administrators across the country. While there is some uncertainty about which rules apply to whom and lots of ongoing litigation, it’s still a subject that’s top of mind for school administrators. New Rules Broaden Definitions The new Title IX regulations broaden the definition of sex harassment in meaningful ways. First, Title IX jurisdiction has been expanded beyond the…
June 2024 LegalEase | ED Issues Final Title IX Regulations
On April 19, 2024, the Department of Education (ED) issued final regulations implementing Title IX of the Education Act Amendments of 1972 (Title IX). The Department spent months hearing from stakeholders through in-person meetings, town halls, and over 240,000 public comments. Given the length and complexity of the regulations, this alert does not cover all of the significant changes, but highlights a few of the high-level changes of which clients should take…
June 2024 LegalEase | ED Issues Final Title IX Regulations
On April 19, 2024, the Department of Education (ED) issued final regulations implementing Title IX of the Education Act Amendments of 1972 (Title IX). The Department spent months hearing from stakeholders through in-person meetings, town halls, and over 240,000 public comments. Given the length and complexity of the regulations, this alert does not cover all of the significant changes, but highlights a few of the high-level changes of which clients should take…
LegalEase | Can I Block that Person Who’s Questioning Me?
The Supreme Court of the United States in Lindke v Freed, outlined a standard for how, and when, public officials can regulate their own social media. In Lindke, a Michigan city manager converted their personal Facebook page to a public page, meaning that anyone could see and comment on his posts. The city manager continued to operate the Facebook page himself and regularly posted about his personal life. The city manager also posted…
March 2024 LegalEase | New President, New Title IX
According to the Department of Education (ED), the new Title IX regulations are expected to be released this month, but don’t hold your breath. The proposed regulations were released in July of 2022, and the final regulations were originally expected May 2023. However, after receiving 244,000 comments about the sexual harassment rules and more than 120,000 comments about the gender equity in athletics rules, that expected date has been pushed back several…
LEGALEASE | Yeah, but did you really know: What does Title IX mean by deliberately indifferent?
The Title IX regulations require that schools respond to allegations of sexual harassment, “promptly [and] in a manner that is not deliberately indifferent.”1 The regulations define “deliberately indifferent” as responding in a way that “is clearly unreasonable in light of the known circumstances.”2 But what does that mean and who gets to decide? The second part of that question is easy: the courts. The first requires a deeper dive. Key Takeaway 1: When evaluating either “before” or…
LegalEase December 2023 | Teacher Placement, Prohibited Subjects and Evaluations – A Legislative Update
The Michigan Legislature adjourned its 2023 session on November 14, 2023, and it marked the busiest legislative session for public education in at least a decade. These major legislative changes will take effect in 2024 – some as early as February 13. TEACHER PLACEMENTStaffing for the 2024-2025 school year will be markedly different than prior years. There are two legislative changes: Section 1248 of the Revised School Code was revised dramatically, and…
LegalEase September 2023 | I know I put that book somewhere …
Situation: Your school library has a book that a parent is objecting to on religious grounds. No one has checked out – or even seen – that book in decades. The kids didn’t even know it was there. Question: Does the First Amendment limit a public school board’s discretion to ban or remove books from its libraries? Yes. As most educators know, “students do not shed their constitutional rights to freedom of speech and…