Lusk & Albertson PLLC

Lusk & Albertson PLLC

Category: Content
Type: Blog Article

Generated 4 days ago

New blog articles detected

Lusk & Albertson PLLC

Category: Content
Type: Blog Article

Generated 2 weeks ago

New blog articles detected

  • Fifth Circuit Splits on Prayer at Board Meetings

    In Michigan, and in the Sixth Circuit generally, it is unconstitutional to begin a school board meeting with a prayer.  Coles v Cleveland Bd of Ed, 171 F3d 369 (6th Cir 1999).  The Fifth Circuit reached a different conclusion in American Humanist Assoc v McCarty, (Case Nos. 15-11067 and 16-1120, March 20, 2017).  The Fifth The post Fifth Circuit Splits on Prayer at Board Meetings appeared first on...

Lusk & Albertson PLLC

Category: Content
Type: Blog Article

Generated 3 weeks ago

New blog articles detected

  • Endrew F: Supreme Court Re-Visits IDEA FAPE Standard

    The Individuals with Disabilities Education Act (IDEA) requires public schools to provide eligible students with a free appropriate public education (FAPE) in the least restrictive environment (LRE).  IDEA describes in detail the procedures by which FAPE must be provided.  However, IDEA does not articulate a clear substantive standard for FAPE. The Supreme Court addressed this The post Endrew F: S...

Lusk & Albertson PLLC

Category: Content
Type: Blog Article

Generated 3 weeks ago

New blog articles detected

  • Delaporte Law Merges with Lusk Albertson

    Prominent Labor & Employment Attorney Eric Delaporte Brings Expertise to Lusk Albertson Lusk Albertson is excited to announce its merger with school employment and labor law firm Delaporte Law.  Eric Delaporte, founder of Delaporte Law, has joined Lusk Albertson as a member. The combined firm will operate at Lusk Albertson PLC. “Our merger with Delaporte The post Delaporte Law Merges with Lusk Alb...

Lusk & Albertson PLLC

Category: Content
Type: Blog Article

Generated 3 weeks ago

New blog articles detected

  • The Roller-Coaster Ride of LGBTQ Student Rights

    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. We’ve used this space previously to The post The Roller-Coaster Ride of LGBTQ Student Rights appeared first on Lusk Albertson.

Lusk & Albertson PLLC

Category: Content
Type: Blog Article

Generated 3 weeks ago

New blog articles detected

  • To Tweet or Not to Tweet, That is the Question

    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 The post To Tweet or Not to Tweet, That is the Questi...

Lusk & Albertson PLLC

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • DID YOU KNOW? Administrator Contract Non-Renewal

    DID YOU KNOW? Administrator Contract Non-Renewal  Non-renewal of an administrator’s individual employment contract requires two separate notifications Occasionally, school districts misunderstand the contract non-renewal process and instead of terminating the administrator’s contract they actually end up extending the contract for an additional year. Ouch! The required procedure, as set forth with...

Lusk & Albertson PLLC

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • FPCO Notes Limits on FERPA Amendment Procedure

    It is not uncommon for a parent to request a change to or deletion of a particular student record, particularly one with which the parent disagrees.  Such requests are sometimes handled through FERPA’s amendment procedure.  The Director of the Family Policy Compliance Office (FPCO), which administers the Family Educational Records and Privacy Act (FERPA), recently The post FPCO Notes Limits on FER...

Lusk & Albertson PLLC

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Supreme Court Decides Michigan IDEA-Exhaustion Case

    The Supreme Court issued its opinion in Fry v Napoleon Community Schools, 580 US ___; 117 LRP 5990 (2017), on February 22, 2017.  Fry, sometimes referred to as a service-animal case, actually addressed the issue of when parents must exhaust administrative remedies available under IDEA before bringing a lawsuit alleging the violation other statutes protecting The post Supreme Court Decides Michigan...

  • Anticipating the Next Moves in the LGBTQ Student Rights Battle

    In the wake of the presidential election, there was consternation among several groups that the progress witnessed during the Obama administration on the issue of LGBTQ rights would be quickly reversed once the new administration was in place. The anxiety of those groups was briefly eased at the end of January when the White House The post Anticipating the Next Moves in the LGBTQ Student Rights Ba...

Lusk & Albertson PLLC

Category: Content
Type: Blog Article

Generated 2 months ago

New blog articles detected

  • Arbitrator Permits Use of Teacher Overage Assignments Instead of Recall From Layoff

    In a case handled by LA, the arbitrator denied the teacher union’s grievance asserting that the school district was required to recall a tenured teacher from layoff, rather than assign additional high school class sections to the already full schedules of on-staff teachers. The evidence established that over the years, the school district had sometimes The post Arbitrator Permits Use of Teacher Ov...

  • Court of Appeals Publishes Taylor School District Right-to-Work Decision

    On December 21, 2016, we reported that, in an unpublished decision, Michigan’s Court of Appeals held that an agreement between the Taylor School District and the Taylor Federation of Teachers to extend a union security agreement for ten years violated Michigan’s Right-to-Work Law. The Court of Appeals approved publication of its decision on February 9, The post Court of Appeals Publishes Taylor Sc...

Lusk & Albertson PLLC

Category: Content
Type: Blog Article

Generated 2 months ago

New blog articles detected

  • Court of Appeals Issues Rulings in Gun Cases

    The Michigan Court of Appeals recently issued two published decisions ending the foolishness that deterred most Michigan public schools from prohibiting or regulating the possession of firearms in school buildings.  Michigan Open Carry, Inc v Clio Area School Dist, Case No. 329418 (December 15, 2016) and Michigan Gun Owners, Inc v Ann Arbor Public Schools, The post Court of Appeals Issues Rulings ...

  • DOE Publishes New Disproportionality Regulations

    DOE recently published new disproportionality regulations under the Individuals with Disabilities Education Act (IDEA).  The new regulations, together with elaborate commentary, are intended to promote equality in the identification, placement and discipline of IDEA-eligible students. They do so by establishing a nation-wide methodology for calculating disproportionality, while allowing states som...

  • Federal Court Stops Implementation of Overtime Regulation

    The new federal regulations relating to exempt employees under the federal Fair Labor Standards Act (FLSA) have been halted by a federal district court in Texas just prior to their date of implementation.  The regulations amend the salary test necessary to determine an executive, administrative, or professional employee to be exempt from the FLSA’s minimum The post Federal Court Stops Implementati...

  • Hazing in Sports: Ensure your District Offers Training and Compliance

    School Districts throughout the country operate athletic programs for their High School students to ensure their educational experience is balanced with physical fitness and team building activities.  However, school districts should also ensure all athletic administrators and staff are familiar with laws governing athletic activities.  This fact is demonstrated by a recent case involving a The po...

  • “Meeting” pursuant to the OMA found in an Email Chain by the MI COA

    The Michigan Court of Appeals recently issued an unpublished opinion regarding possible Open Meetings Act (OMA) violations in an email chain amongst commission members.  In Markel v Mackley, No. 327617 (Nov. 1, 2016), newly-elected members of a township parks and recreation commission brought suit against long-time commissioners alleging that emails sent amongst them regarding commission The post ...

  • More On The Transgender Battle Heading To SCOTUS

    The legal battle over transgender rights and, in particular, what that fights means for educators continues unabated.  Recent developments include a federal district court in Texas issuing a nationwide injunction prohibiting the US Department of Education (DOE) from enforcing its controversial guidelines and the US Supreme Court accepting for review the Fourth Circuit’s decision in G. The post Mor...

  • Class Action Suit against MDE and Flint Community Schools regarding intersection of Flint Water Crisis and Special Education

    On October 18, 2016, the ACLU of Michigan filed a class action lawsuit on behalf of former, current, and future students of Flint Community Schools against the Michigan Department of Education (MDE), Genesee Intermediate School District (GISD), and Flint Community Schools (FCS).  The lawsuit seeks to address the needs of public school children who were The post Class Action Suit against MDE and Fl...

  • CPR and AED Training Required by State

    Michigan has strengthened its Cardiopulmonary Resuscitation (CPR) requirements for K-12 students.  The legislation, signed into law by Lt. Governor Brian Calley in December, 2016, requires students at traditional public schools, public school academies, and nonpublic schools to take a CPR class between the seventh and twelfth grade.  The new law goes into effect on March The post CPR and AED Train...

  • Bob Lusk to Present on Recent Developments in Student Discipline

    The 2016 calendar year ended with a barrage of legislation affecting every student in every school district in Michigan. The new laws, particularly those addressing student discipline, will affect day-to-day decision making in every school in every school district in Michigan. The Metro Bureau has invited Bob Lusk to summarize the new legislation and describe The post Bob Lusk to Present on Recent...

  • COA Holds Union Security Provision Unlawful

    In a 2-1 split decision, the Michigan Court of Appeals recently affirmed the decision of the Michigan Employment Relations Commission (MERC) holding that both a school district and the union representing its teachers committed unfair labor practices by attempting to enforce a union security provision.   Taylor School District v Rhatigan, unpublished decision, COA Case No The post COA Holds Union S...

Lusk & Albertson PLLC

Category: Content
Type: Blog Article

Generated 6 months ago

New blog articles detected

  • Emails between Board Members did not constitute “Ongoing” OMA Violation

    On September 8, 2016, the Michigan Court of Appeals issued an opinion dismissing a complaint alleging that a Michigan school board violated the Michigan Open Meetings Act (OMA), MCL 15.261 et seq.  In Citizens for a Better Algonac Community Schools and Heidi Campbell v Algonac Community Schools, No. 326583 (Sept. 8, 2016), the board of The post Emails between Board Members did not constitute “Ongo...

Lusk & Albertson PLLC

Category: Content
Type: Blog Article

Generated 7 months ago

New blog articles detected

  • COA Holds Contract Repudiation Must Substantially Impact Bargaining Unit

    The Michigan Court of Appeals recently affirmed the Michigan Employment Relation Commission’s (MERC) holding that repudiation of a contract only occurs where the alleged action substantially impacts the bargaining unit as a whole.  In River Rouge Education Association v River Rouge School District, Case No. 326925 (September 1, 2016), the COA affirmed the MERC’s holding The post COA Holds Contract...

  • Detroit Students File Class Action Lawsuit Seeking “Right to Literacy”

    On September 13, 2016, a class action lawsuit was filed in the federal district court of the Eastern District of Michigan on behalf of seven students who attend Detroit public and charter schools claiming that their constitutional right to literacy has been violated.  The case was filed as a class action lawsuit, meaning that the The post Detroit Students File Class Action Lawsuit Seeking “Right t...

Lusk & Albertson PLLC

Category: Content
Type: Blog Article

Generated 7 months ago

New blog articles detected

  • Sixth Circuit Affirms Emergency Manager Law, For Now

    Michigan’s Emergency Manager law permits the Governor to temporarily appoint an Emergency Manager who has broad power to correct the fiscal affairs of financially ailing school districts and other local units of government.  The Sixth Circuit Court of Appeals, which interprets federal law in Michigan, recently affirmed the dismissal of a variety of legal challenges The post Sixth Circuit Affirms E...

  • The Case of a Good Service Dog Gone Bad

    A federal district court in Pennsylvania recently addressed the case of a good service dog gone bad.  AP v Pennsbury School District, Case No. 16-2224 (August 26, 2016).  The service dog in question, a Labradoodle named Jeff, had been trained to detect low blood sugar for a diabetic elementary student (AP).  The school embraced Jeff The post The Case of a Good Service Dog Gone Bad appeared first o...

  • Sixth Circuit Decision Illustrates Difference between Poor Teaching and Liability

    We keep an eye on Sixth Circuit decisions, which establish federal law applicable to Michigan school districts.  The Sixth Circuit’s recent decision in Gohl v Livonia Public Schools (Case No. 15-2301, September 8, 2016) illustrates the difference between poor teaching and liability under federal law.  Gohl involved a pre-school special education teacher.  The teacher had a documented The post Sixt...

  • OCR Tackles Web Accessibility Complaints

    Just when it seemed that OCR had its hands full directing districts on transgender students, a new issue has emerged on OCR’s radar in recent months. Spurred by close to 400 complaints filed by education advocate Marcie Lipsitt against public educational entities across the country, OCR has found itself tackling allegations that school district web The post OCR Tackles Web Accessibility Complaints...

  • NY District Court Decides Service Animals Issue

    The US District Court of the Western District of New York recently issued an opinion regarding a special education student’s service animal in United States v Gates-Chili Central Sch Dist, No 15-CV-6583-CJS (WDNY 2016).  The issue before the court was the school district’s rule that the student accompanied by a service dog must also bring to The post NY District Court Decides Service Animals Issue...

Lusk & Albertson PLLC

Category: Content
Type: Blog Article

Generated 7 months ago

Lusk & Albertson PLLC

Category: Content
Type: Blog Article

Generated 8 months ago

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