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Kylie Newman
Compendium Notebook
EDU 702
School Law
12/18/09
MODULE 1: LEGAL FRAMEWORK OF EDUCATION
MICHIGAN STATUTES PERTAINING TO EDUCATION
The Constitution of Michigan of 1963 can be found at:
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Article 8 is specific to Education. The link is: (S(42cb1tbtqebqnny0cmjit145))/mileg.aspx?page=getObject&objectName=mcl-Constitution-VIII
This article covers the encouragement of education; free education to all elementary and secondary students regardless of religion, creed, race, color or national origin; higher educational institutions such as Michigan State and Oakland Community College; services for students who are disabled; and the allocation of funds for public libraries.
MICHIGAN STATE DEPARTMENT OF EDUCATION
The head of the State Department of Education is the State Board of Education. Members of the board are nominated by their party and then elected upon by the population at large as outlined by the Executive Organization Act of 1965 which can be found at: (S(bwuupv3aaghameipzvqgry45))/mileg.aspx?page=getobject&objectname=mcl-380-1965-13
The Head of the State Board of Education is Kathleen N. Straus as elected by the State Board. A list of other members can be found at:
MICHIGAN COURT SYSTEM
The Michigan Court System consists of two courts with primary jurisdiction; this is where cases are settled first. There is also one intermediate level appellate court, and a supreme court. There are several administrative courts and specialized courts such as the probate court and bankruptcy court.
The two primary courts are the District Court and the Circuit Court. The District Court hears cases involving less serious criminal offenses, while the Circuit Court hears the more serious criminal cases. The Circuit Court will hear felony cases and those involving sums over $25,000. In addition the Circuit Court is the appellate court for cases heard in the District Courts.
The Court of Appeals hears all appeals from the District Courts and the other lower level courts.
The Supreme Court hears appeals from the Court of Appeals and administers all of the courts.
Reference for the Michigan court system can be found at:
MICHIGAN CIRCUIT COURT OF APPEALS- OAKLAND COUNTY
The Circuit Court is a division of the state judiciary and serves as a trial court of general jurisdiction serving all the citizens of Oakland County.
It hears both civil and criminal cases, as well as appeals from the District Court, Probate Court and administrative agencies. The Court has sole and exclusive jurisdiction on certain matters involving the family. In conclusion—The Oakland County Circuit Court handles civil and criminal cases and appeals from the District and Probate Courts. The Chief Circuit Court Judge is Wendy Potts. The website for this information can be accessed at:
US COURT OF APPEALS FOR THE SIXTH CIRCUIT
Michigan falls into the sixth circuit of the U.S. Court of Appeals. The 94 U.S. judicial districts are organized into 12 regional circuits, each of which has a United States court of appeals. A court of appeals hears appeals from the district courts located within its circuit, as well as appeals from decisions of federal administrative agencies. The Sixth Circuit can be located at:
MODULE 2: CHURCH-STATE RELATIONS
MOMENT OF PRAYER
Students may pray when not engaged in school activities or during instruction. Students are allowed to organize prayer groups, religious clubs, and "see you at the pole" gatherings before school to the same extent that students are allowed to organize other non-curricular student activities groups. When acting in their official capacities as representatives of the state, teachers, school administrators, and other school employees are prohibited (by the Establishment Clause) from encouraging or discouraging prayer, and from actively participating in such activity with students. If a school has a "minute of silence" or other quiet periods during the school day, students are free to pray silently, or not to pray, during that time. Teachers and other school employees cannot encourage or discourage students from praying during such time periods.
For complete funding through NCLB, the Michigan Department of Education has asked for school compliance of NCLB Section 9524-Constitutionally Protected Prayer. In a letter dated August 31, 2005 the Superintendent of Public Instruction has asked that schools submit yearly certification proving conformity. The link to Mr. Flanagan’s letter including a description and a form for certification can be found at:
MICHIGAN’S BLAINE AMENDMENT
Michigan does have a Blaine amendment. Description of the Amendment including relevant cases can be found at:
Blaine Amendments are provisions in dozens of state constitutions that prohibit the use of state funds at "sectarian" schools. Today, 37 states have provisions placing some form of restriction on government aid to "sectarian" schools and their equivalents that go far beyond any limits in the U.S. Constitution, including Michigan.
Extra: Religious Expression and Practice
Schools have the discretion to dismiss students to off-premises religious instruction, as long as schools do not encourage or discourage participation in such instruction or penalize students for attending or not attending. Students may express their beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination. Student speakers at student assemblies and extracurricular activities such as sporting events may not be selected on a basis that either favors or disfavors religious speech. By contrast, where school officials determine or substantially control the content of what is expressed, such speech is attributable to the school and may not include prayer or other specifically religious (or anti-religious) content. School officials may not mandate or organize prayer at graduation or select speakers for such events in a manner that favors religious speech such as prayer.
MODULE 3: STUDENT CLASSIFICATION
EQUITY OF OPPORTUNITY IN EDUCATION
In Michigan, the legislature has maintained and supported a system of free public elementary and secondary schools as defined by law. This includes the funding of schools for children without discrimination. This is found in Section 2 of Article VIII of the state constitution.
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Specifically, services for individuals for the care, treatment, education, or rehabilitation of those inhabitants who are physically, mentally, or otherwise seriously disabled shall always be fostered and supported. In other words, funding will be supported for all individuals regardless of their disability by state law. The link to the section of the state constitution stating this is:
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DESEGREGATION EXAMPLE
During 1968 the State Board of Education appointed a desegregation committee in Kalamazoo, Michigan. The committee recommended a detailed three-phase program for desegregation in Kalamazoo Public Schools by September 1971. This was because in 1968, more than 90% of all black public elementary students attended only 5 of the 29 public elementary schools. A fantastic research analysis of Kalamazoo’s desegregation issues can be found at:
FUNDING FOR SPECIALLY CLASSIFIED STUDENTS
This fiscal year, special funding is being paid to “at-risk” students which are classified by one of the following: Are placed in 1 or more developmental courses as a result of standardized testing or as a result of failure to make satisfactory academic progress; are diagnosed as learning disabled; or that require English as a second language (ESL) assistance.
STATE STATUTES
This link describes how to receive state financial aid for the care of students with disabilities. In short, schools are funded for 100% of the special needs of students.
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Funding for Vocational Rehabilitation of students with disabilities is defined and outlined by law at:
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There is an interstate agreement on how to continue the education of students whose parents are in the military. This includes continuation of special education including students with learning disabilities and students whose second language is English. This link as written by the state of Michigan is:
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PROTECTION OF SEXUAL ORIENTATION
There is not state law protecting students on the basis of sexual orientation. A law that would have protected these students was turned down just this year. A link (clearly biased) describing Michigan’s lack of response to gay students who have been bullied is below. I chose this article because although it is sarcastic, I agree with its opinions.
STANDARDS FOR SPECIAL EDUCATION TEACHERS
The Michigan Department of Education’s website specifically for Special Education teachers is found at:
Both the No Child Left Behind (NCLB) provisions of the Elementary and Secondary Education Act (ESEA) and IDEA allows the state to set High Objective Uniform State Standards of Evaluation (HOUSSE) as a process for teachers to meet the highly qualified requirement. There are three options for meeting HOUSSE requirements. A summary of these options can be found at:
ANTI-BULLYING
Michigan does not have an anti-bullying law, but it does have anti-bullying policies. According to , Michigan receives a failing grade for its protection of bullied students. I chose this website because it is nationally known and respected.
A copy of the policy in Michigan, in template form for public schools, can be found at:
Extra: Universities
Michigan public universities have seen a lot of action regarding the use of affirmative action in its admission policies. Specifically, the Supreme Court supported affirmative action at the University of Michigan’s law school, but not in undergraduate admissions.
MODULE 4: STUDENTS’ RIGHTS
A great resource about many student rights in Michigan can be found at:
DISCIPLINE
Specific information about not only how to legally suspend or expel a student, but also what kind of actions can be disciplined by suspension and expulsion can be found at:
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Students who assault a school employee, volunteer, or other individual working in the school may be expelled as described by Michigan statute:
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Under Michigan Law, the discipline of Special Education students is different from that of a general education student. Information can be found at:
SEARCH AND SEIZURE
At no time does the school relinquish its exclusive control of its lockers. Law protects locker search and seizure.
RESTRAINT AND SECLUSION
The document below was created to promote positive behavior management in an effort to minimize seclusion and restraint. Restraint should not be used as a punishment or for the convenience of staff, etc. For a high school student, Seclusion should not be used for more than 20 minutes.
Although guidelines were also created for restraint, the guidelines were not created to stop staff from breaking up fights, removing weapons, calming an adult, etc., as these situations call for separate measures.
Guidelines for restraint and seclusion of students can be found at:
STUDENTS’ FREE SPEACH
A court case in Michigan upheld a school’s decision to not allow the creation of candy canes with religious messages to be sold by a 5th grade student because it would have crossed the line of separation of church and state. The parents argued that it was a Freedom of Expression issue.
In another case involving free speech, a federal judge agreed with a Dearborn, Michigan student when he decided to wear an anti-war/anti-Bush t-shirt. The school had him remove the shirt, but the courts argued that he is legally allowed to wear the shirt to school.
ATTENDANCE
Generally speaking, students aged 6-16 have a legal obligation to attend school. More specifics can be found at:
FERPA GUIDELINES
Family Educational Rights and Privacy Act Regulations that outline rights of students, parents, and other members of the school community:
CHILD PROTECTION
This section of Michigan law defines who is required to report suspected child abuse, including counselors who are required to report the abuse regardless of whether or not the information was shared during a closed session.
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MODULE 5: TORT LIABILITY
CORPORAL PUNISHMENT
Corporal punishment, defined as the deliberate infliction of physical pain by hitting, paddling, spanking, slapping, or any other physical force used as a means of discipline, is absolutely prohibited by statute. Violation of the statute can be grounds for discipline and civil liability for damages. However, the statute also permits the use of reasonable physical force upon a pupil if it is necessary to maintain order and control in a school or school-related setting for the purpose of providing an environment advantageous to safety and learning.
COMPARATIVE/CONTRIBUTORY DEFENSE
Michigan has a modified comparative fault system, and has a 51% rule. In a modified comparative fault – 51% rule, an injured party can only recover if it is determined that his or her fault does not reach 51%. A plaintiff may have caused half of the accident and still recover damages from the court, but if it is found that the plaintiff’s fault was responsible for more than half of the accident, that plaintiff will not receive any damages determined by the court. A plaintiff’s recovery is reduced by the degree of his or her fault. I chose this website because it was extremely informative and its definitions and explanations were in line with what we spoke about during the course.
Michigan does NOT have a pure contributory rule.
IMMUNITY SAFEGUARDS
Schools receive government immunity when they are fulfilling government functions such as curriculum requirements. An example of the court case Davis v. Homestead Farms, 1984; is found at:
Another case regarding governmental immunity on a school bus:
CHILD ABUSE AND NEGLECT
The Michigan Child Protection Law requires certain people to report their suspicions of child abuse or neglect to Child Protection Services at the Department of Human Services. Teachers, school administrators, and other school personnel are mentioned on this list of mandated reporting.
Physical and behavioral indicators of child abuse and/or neglect that may be used as guidelines for when to make a CPS complaint are listed. Determining when to report child abuse may be difficult, but there are classic indicators.
Below is the School Personnel Guide for Reporting Suspected Child Abuse and Neglect.
MODULE 6: TEACHERS’ SUBSTATIVE RIGHTS
TENURE
“A new teacher in a Michigan school district must serve a probationary period of four years. After four years satisfactory service in an appropriate position, a certificated teacher automatically attains tenure. If a teacher has already attained tenure with another Michigan school district, the probationary period is two years, but school districts have the discretion to waive some or all of that statutory two years.” As cited by the Michigan Federation of Teachers and School Related Personnel.
A probationary teacher can generally be discharged for any reason as long as the discharge is not discriminatory or retaliatory. The Tenure Act provides a statutory framework for the probationary period. School districts are required to provide an individualized development plan and evaluations at least yearly based on a minimum of two classroom observations. At least 60 days before the end of the school year the board must provide the probationary teacher with a written notice as to whether or not his or her work has been satisfactory. The notification does not need to be specific. Failure to provide the required individualized development plan, evaluations, or written notice will be considered conclusive evidence that the teacher's work is satisfactory. A satisfactory rating will entail automatic employment for the following year (unless terminated for economic reasons).
The Public Act 194 of 1999 is the Teachers’ Tenure Act. It was created by the State of Michigan State Tenure Commission. The act defines certification, probationary periods, Discharge, retirement, etc.
SEXUAL ORIENTATION
As a state employee my sexual orientation is protected in the state of Michigan. This does not hold true for other professions, only those who are employed by the state. I found this information at Lambda Legal, the leader in gay legal rights and advocacy.
WHISTLE-BLOWING
In Michigan, an employer cannot discharge, threaten, or discriminate against an employee in regards to their pay, terms, privileges, etc. because the employee reports a violation of a law or regulation. The Whistleblowers’ protection act of 1980 purposely provides protection to employees who report a violation or suspected violation of a law. The following is a link to the act:
TEXTBOOK GUIDELINES
There is no textbook committee or centralizing force in Michigan that mandates which textbooks should be used. This gives each school district the freedom to choose its own books. However, each school board decides which textbooks are appropriate. Senate Bill No. 310 dictates that “a ‘textbook’ means a book that is selected and approved by the governing board of a district and that contains a presentation of principles of a subject, or that is a literary work relevant to the study of a subject required for the use of classroom pupils…” and that a school’s surplus is to be used to purchase textbooks as well as other necessities, but that monies raised by Bonds cannot be used to buy textbooks.
MODULE 7: TERMS AND CONDITIONS OF EMPLOYMENT
LICENSURE REQUIREMENTS
A complete reference guide to Michigan Certification requirements and information can be found at:
Facts about specific certificates are located at:
The Michigan State Board of Education created a reference manual to be updated every year by the Office of Professional Preparation Services. For the 2009 school year, the link is:
To be a basic certified administrator in the state of Michigan, you must present evidence of satisfying specific requirements. These include a master’s degree or higher from an accredited college or university whose accrediting body is recognized by the US Dept. of Education or state board approval. You must have completed 18 semester hours of graduate credit in K-12 school administration. The link to this information is below:
GROUNDS FOR DISMISSAL
In Michigan, a teacher’s certificate may be revoked or suspended for conviction of sex offenses and crimes involving children. Teachers may be dismissed for reasonable and just causes or failure to comply with school law.
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PERSONNEL EVALUATIONS
School districts are required to provide an individualized development plan and evaluations at least yearly based on a minimum of two classroom observations.
Usually, however, the teachers’ union develops evaluation requirements and procedures. Below is an example of a Lansing contract. On page 10 you will find the evaluation requirements.
PROTECTION AGAINST DISCRIMINATION
Senate Bill No. 486 was created in 2009 as an amendment to an earlier bill passed in 1976. It was created to outline equal employment opportunities as well as guidelines for employers and employees. The opening paragraph states, “The opportunity to obtain employment, housing and other real estate, and the full and equal utilization of public accommodations, public service, and educational facilities without discrimination because of religion, race, color, national origin, age, sex, height, weight, familial status, or marital status as prohibited by this act is recognized and declared to be a civil right.”
CHILD ABUSE AND NEGLECT LAWS
The Michigan Child Protection Law requires certain people to report their suspicions of child abuse or neglect to Child Protection Services at the Department of Human Services. Teachers, school administrators, and other school personnel are mentioned on this list of mandated reporting.
Below is the School Personnel Guide for Reporting Suspected Child Abuse and Neglect.
COLLECTIVE BARGAINING RIGHTS
A public employer is not able to interfere with, restrain, or coerce public employees in the exercise of their rights to initiate, create, join, etc. with any labor organization. However, a public employer may regulate that they cannot work with the labor union during work hours without loss of time or pay. It can be negotiated, however, that officers of the union are allowed to leave work for union business with pay.
Also, the number of days that a teacher has to teach is mandated by the state and is non-negotiable. The number of sick days, personal days, etc., can be negotiated. Also, other guidelines required by the state cannot be negotiated by the union.
A little history: The UFT secured for New York's teachers a contract reflecting the industrial labor union model: uniform pay scales and seniority rights for teachers, limited classroom hours, and required union membership and dues deductions. This model continues to be followed today by the UFT's parent union, the American Federation of Teachers (AFT) and the NEA and their affiliates in each state, including Michigan.
TIMEFRAME FOR COLLECTIVE BARGAINING
The state personnel director annually establishes a time frame for the conduct of primary negotiations and impasse resolution. The time frame must coordinate with the legislative budget cycle and the constitutional provisions governing the timing of compensation. If an agreement is not reached, the parties may refer the matter to a panel for resolution.
WHAT CAN BE NEGOTIATED
Below is an example of a very common contract. The list of things negotiated is as follows: Compensation, schedule and hours, teaching conditions, vacancies, promotions, transfers, qualifications and assignments, leave pay, leaves of absence, insurance, teacher evaluations, student discipline and other protection, negotiation procedure, grievance procedure, layoff and recall, duration of agreement, salary schedule, extra pay for extracurricular, extra pay for extra work, calendars, pay dates, job sharing, comp time, independent study, and other miscellaneous ideas.
Extra: Teacher Strikes
The link to the statute below permits bargaining by public employees, but strikes by public employees, including teachers, are prohibited.
Extra: Department of Labor
The Department of Labor regulates worker’s unions in the office of labor-management standards (OLMS)
In Michigan, regulations are created by the Department of Energy, Labor, & Economic Growth (DELEG)
Extra: Mediation of Labor Disputes
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