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Michigan Education Law Questions & Answers
1 Answer | Asked in Education Law for Michigan on
Q: School wants to hold back my child 2 years in a row. Can they do this?
Brent T. Geers
Brent T. Geers
answered on Jun 7, 2022

Possibly. Does your child have an IEP? Have you requested your child be evaluated for services? Has the school provided all services? Those are more pressing questions at this time. A school generally has no interest in holding a child back arbitrarily.

2 Answers | Asked in Education Law for Michigan on
Q: What is legal recourse if a school district refuses to allow a parent to enroll children in school?

Michigan: Parents divorced, both parents have joint legal custody, Mom removed children from school district (and moved 20 miles away) without permission from Father or from court, Court ordered children to be returned, Father reestablished residency within school district and has court order for... Read more »

Brent T. Geers
Brent T. Geers
answered on Mar 10, 2022

The part about you "reestablishing residency" confuses me and may be an issue here. You should flush that out with your attorney. Given the history you have with the school, it should come as no surprise that they are not bending over backward to accommodate you. Are they legally right?... Read more »

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1 Answer | Asked in Education Law for Michigan on
Q: My son is required to bring a personal laptop to school or get a school laptop with potential damage fees.

Is it legal for them to require me to pay money above and beyond taxes for my child to get the same education as everyone else.

Brent T. Geers
Brent T. Geers
answered on Feb 17, 2022

Yes. And it sounds like they are providing equal education: your choice whether you use your own laptop or accept the school's.

1 Answer | Asked in Education Law for Michigan on
Q: And if I have 1st hand knowledge that they don't ?

Worked for these schools for 2 years,75% of which was during the pandemic. No deep cleaning, no change in filtration/hvac, no basic CDC protocols-the community here is small, rural, and don't believe covid exists. I am 100% sure they will not accommodate her needs. How can she take a test... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 26, 2022

Does your child have a 504 or IEP? Those are the mechanisms that trigger accommodations. Otherwise, you're going to need to make the choice between taking the exam under the conditions they offer, not take the exam and fight that battle with school admin / school board over the resulting... Read more »

1 Answer | Asked in Education Law for Michigan on
Q: can my fully virtual student be forced to come in person for exams?

my senior in high school has been virtual since late October, and all of last year as our schools don't follow CDC protocols. She has severe anxiety and physical health problems. She's pretty much an A student, but needs to take a couple midterm exams. This time they want to force her... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 26, 2022

Probably. I think when it comes down to it, the school will be able to say they made reasonable accommodations.

1 Answer | Asked in Education Law for Michigan on
Q: An 18 year old high school student beat up my 14 year old granddaughter, also a high student,today at school. Can we pr

Can we press charges

Brent T. Geers
Brent T. Geers
answered on Nov 1, 2021

You - or more accurately, your granddaughter's parent - can contact the police. What ultimately happens is determined by the prosecutor's office. They may determine that this is a school issue and should be left up to the school.

1 Answer | Asked in Education Law for Michigan on
Q: As an 18 year old in Michigan, can my high school force me to retake my sat because "everyone did poorly" ?
Brent T. Geers
Brent T. Geers
answered on Oct 11, 2021

That you are 18 doesn't exempt you from school directives.

3 Answers | Asked in Criminal Law and Education Law for Michigan on
Q: Can I press charges against our board of education and have them criminally prosecuted under this statue? MCL 380.1307b
Michael Zamzow
PREMIUM
Michael Zamzow
answered on Sep 17, 2021

Adding to Mr. Geers response. MCL 380.1307b together with 380.1312 is part of the prohibition on corporal punishment. And a person who has allegedly been subjected to the wrongful act, would likely raise these statutes in their civil complaint.

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1 Answer | Asked in Family Law, Adoption and Education Law for Michigan on
Q: can my aunt and uncle who is adopting my son in michigan let me see him without court consent if i had my rights relinq

if my rights were relinquished can my family who is adopting my son let me see him again without court consent

Brent T. Geers
Brent T. Geers
answered on Sep 5, 2021

Depends on a lot of factors, and if the adoption is finalized.

1 Answer | Asked in Education Law for Michigan on
Q: Can they make a 16 year old as of today’s date go to school if the parent gives permission to stop going.
Michael Zamzow
PREMIUM
Michael Zamzow
answered on Apr 21, 2021

There's just not enough information. But, this might be a starting point to get more information.

The law in Michigan governing compulsory attendance requires a parent, legal guardian, or other person having control or charge of a child age six to sixteen to send the child to school...
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1 Answer | Asked in Education Law for Michigan on
Q: Dear Sir or Madam, Q = The announcement of a High School that they are changing their grading scales midstream.

My son's school announced last year (before his Jr. year) that they would begin weighting courses on a 5.0 scale but would not retroactively weight the prior years for students (he took adv. & excell. courses then - as school pushed). Rather than begin this new system for the in-coming... Read more »

Brent T. Geers
Brent T. Geers
answered on Apr 19, 2021

Your concern sounds to be more properly presented to your district's school board. I can appreciate your concern as a parent, but I'm not sure it's of a legal nature.

1 Answer | Asked in Education Law for Michigan on
Q: Please advise what behaviors of a teacher are considered abuse/misconduct that breach the law.

My sons teacher is intentionally shaming, humiliating and ostracizing him socially. She would not allow him to sit in a chair like the rest of the class and was forced to stand or sit on floor. Today she forced him to stand in hallway she refuses to give him class work and then punishes him for not... Read more »

Brent T. Geers
Brent T. Geers
answered on Mar 5, 2021

Can you file a complaint? Absolutely? Is it illegal? Probably not. I'm assuming you've tried to resolve these issues with the teacher already. Your next step should be to the principal, and that communication should be along the lines of "I talked to the teacher of March 5th about my... Read more »

1 Answer | Asked in Child Custody and Education Law for Michigan on
Q: Michigan- Can the school refuse my request to withdraw my children to homeschool due to joint custody? Father disagrees.

Father disgarees. School continues to mark them absent I am now charged with truancy. School states due to joint custody I need his approval first.

Brent T. Geers
Brent T. Geers
answered on Feb 1, 2021

Assuming you mean joint legal custody, then yes, you would need the father's consent to any major education changes. Have you discussed this with him? If not, and if in fact you are charged with truancy, you run the risk of being on the wrong end of a custody change.

1 Answer | Asked in Education Law for Michigan on
Q: My child's teacher keeps asking me about his therapy and medication stuff. I don't know what more I can do

My son is ADHD and ODD. I have changed doctors due to the doctor not willing to try a different medication. I am now trying to get in to see a child psychiatrist. Every time he goes to school I get an email asking when he has therapy and when they may consider putting him on medication. It has been... Read more »

Kimberly Winslow
Kimberly Winslow
answered on Feb 4, 2021

Teachers and school administration cannot require you to put your child on prescription medication. It is okay for the teacher to let you know what they see in the classroom with respect to behaviors, etc. However, if the teacher is that concerned that she is calling you daily, and your son is... Read more »

1 Answer | Asked in Education Law for Michigan on
Q: Can I sue/threaten my college for renaming the degree name halfway through my education?

College is stating that it is not possible to graduate under the former title. I would like to graduate under the title that I applied for at the beginning of my enrollment.

Brent T. Geers
Brent T. Geers
answered on Dec 8, 2020

Your's would be a novel case, I'm sure. I'm unaware of any "right" a student has to earn a degree with a specific name. You'd perhaps have more of a leg to stand on if, for instance, you were enrolled in a bachelor's degree program, and the school decided to no... Read more »

1 Answer | Asked in Education Law for Michigan on
Q: Can a school refuse to allow a student to transition to f2f if virtual is not meeting the students needs.

Our school offers both f2f and virtual. After 6 weeks, it is clear the Virtual platform is not meeting my students needs. My student has an IEP. I Have requested my student return to f2f but have been told I have to wait until the end of the first trimester (end and of November).

Brent T. Geers
Brent T. Geers
answered on Oct 13, 2020

Good question, that unfortunately, I don't believe there is a solid answer. I would suggest, as is often the case with school law, that your advocacy will matter. If necessary, the issue should be addressed with the district's special education coordinator or equivalent, or the school board.

1 Answer | Asked in Contracts and Education Law for Michigan on
Q: For remote learning, can schools force agreement to the Terms of a private company, exp Zoom, and what if I say no?

With remote learning, what happens if I don't agree to the terms and conditions of a 3rd party company/software, Zoom, Google, etc, they're using, can the state say I'm not teaching my child under the law? What if I don't agree to them being on camera and a 3rd party recording... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 5, 2020

If you don't agree to the terms of service for the video platform your school uses, than you cannot participate in the virtual learning offered through the school. You would then need to elect to send your child to school in-person (if offered), or your child would not be considered an... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for Michigan on
Q: Can I sue the school district for religious discrimination for my child to not wear a mask. It is against our religion
Brent T. Geers
Brent T. Geers
answered on Aug 17, 2020

Interesting scenario...I'm not sure how such a suit would play out. Generally, claims of religious discrimination requires you to substantiate that what you are saying is an established component of your religion, and that you are a devoted member of that faith group. That is commonly done in... Read more »

1 Answer | Asked in Copyright and Education Law for Michigan on
Q: I would like to show my video analysis of propitchers in a certification and continuing ed course. Can I do this legally

I am creating a continuing education program and certification for strength and conditioning coaches and rehabilitation professionals on training and rehab of the throwing athlete. I would like to show video analysis of voiceover style videos featuring professional pitchers to demonstrate proper... Read more »

Kathryn Perales
Kathryn Perales
answered on Jun 19, 2020

You should get permission from the copyright holder of the video - could be the videographer or their employer, or ESPN... In my opinion what you are describing would not pass a fair use test. You might also need permission from the athlete in the video, depending on state law.

1 Answer | Asked in Education Law and Land Use & Zoning for Michigan on
Q: Am I allowed to be in a Michigan public high school parking lot in the summer?

I was watching the sunset, with my friend, in my school parking lot days after school had ended. A man who we assume lives next to the school approached us and started threatening to call the cops saying we looked suspicious. We were simply sitting in the back of her car watching the sunset. Would... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 15, 2020

The police might have just told you to move along. Of course, a lot depends on what information they have at the time, including what the person who calls tells them, as well as whether there have been other reports of suspicious activity or crime in the area.

Generally, there are...
Read more »

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