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Michigan Education Law Questions & Answers
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...
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2 Answers | Asked in Tax Law and Education Law for Michigan on
Q: Received a blank 1099 Q form with my name on it, signed by my deceased grandma as part of her will.

This was written back it 2017, it was withheld from me by my mother until just recently without my knowledge. I am unsure of what to do with this going forward, any advice would be greatly appreciated.

D. Mathew Blackburn
D. Mathew Blackburn answered on May 14, 2020

That doesn't make sense, the 1099-Q is a reporting form for a 529 or Coverdell ESA.

Was it completely blank or did it have an institution's contact information in the upper left corner? This would be a bank or other financial institution.

Distributions can be taxable if...
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1 Answer | Asked in Education Law and Personal Injury for Michigan on
Q: Complaint and Claim Based on Injuries Caused by Negligence at a private Islamic religious school.

On January 22nd, 2019, Sara, my daughter, was pushed by another student and fell on her head on a concrete floor covered in carpet.

The coordinator of the Tawheed center, Wahajuddin, refused to call the police to report the incident, instead, he called me and asked me to pick up my daughter... Read more »

John Francis Nicholson
John Francis Nicholson answered on Mar 5, 2020

You raise a number of good issues; however, I believe it is less complicated. The school must have premises liability to cover any injuries to persons on the premises that are there legally. The facts that you allege regarding negligence help your argument and serve to defeat a defense that your... Read more »

1 Answer | Asked in Education Law for Michigan on
Q: Can I be sued for talking about an incident that happened at my kids school?

Hi there. There was a sexual incident involving 2 boys at my child’s school. It is a safety concern for me and other parents as well. Other parents, including myself, have been talking about this and sharing information with parents who were not aware because the school is trying to hide it. I am... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 5, 2019

Tread lightly here. A lot depends on who is threatening you with a lawsuit. When you are dealing with minors in a school setting, it's going to be tough for you to prove what you are saying or discussing is factual truth unless you are a party to the action.

Ordinarily, most anyone has...
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1 Answer | Asked in Education Law for Michigan on
Q: is it legal to suspend a student for something they did after school on school property?
Brent T. Geers
Brent T. Geers answered on May 25, 2019

Yes. Particularly because it occurred on school property.

1 Answer | Asked in Civil Litigation, Education Law and Civil Rights for Michigan on
Q: My public school is having a school sponsored dance but they are only allowing females to attend. Is this legal?
Brent T. Geers
Brent T. Geers answered on Jan 9, 2019

Unless they are prohibiting the organization and sponsorship of a similar male-only dance, I'm not sure there is a violation here.

1 Answer | Asked in Education Law for Michigan on
Q: Can the school keep important information about a child away from their parents?

Information as in if the child should be recieving special education benefits like accumulated tests and such without the parent’s knowledge. I’m asking because my daughter was given an accumulated test as her exam. She then decided to email her teacher and the teacher replied in real life... Read more »

Lori E. Arons
Lori E. Arons answered on Jan 29, 2018

The Family Educational Rights and Privacy Act (FERPA) is a federal privacy law that gives parents certain protections with regard to their children's education records, such as report cards, transcripts, disciplinary records, contact and family information, and class schedules. As a parent,... Read more »

1 Answer | Asked in Education Law, Election Law, Gov & Administrative Law and Municipal Law for Michigan on
Q: Can a local full-time paid fire chief serve as an elected school board official in that same jurisdiction?
Brent T. Geers
Brent T. Geers answered on Aug 30, 2017

I don't see why not. I'm unaware of any fire chief being an elected position, and so there is no conflict by holding two different elected positions. More importantly, in most cases, the school district (and its board) is a separate and distinct entity from the local government. It's... Read more »

1 Answer | Asked in Civil Rights and Education Law for Michigan on
Q: I have a 12 year old who is cognitive impaired who is being treated unfairly by the principal,staff

How can I build a case against the Detroit public school system regarding my son. He is cognitive impaired (mentally disabled) since he was under 5. He was sent home with black eyes ,bruised face, with feces still on him etc I have pictures emails where I met with people from department of... Read more »

Kevin Shields
Kevin Shields answered on Mar 30, 2017

You need to contact a special education attorney in Detroit. I can not recommend one but you can search online for a number of options. Your child has a right to an appropriate education. It does not sound like the school is living up to that promise. Students with disabilities are protected under... Read more »

1 Answer | Asked in Education Law and Personal Injury for Michigan on
Q: My daughter hit her head at school and ended up with a concussion and the school failed to notify me.

The incident took place on October 25, 2016. I didn't find out that she had a concussion until later I took her to the ER based off of her symptoms. My daughter told me that she had a headache; however she's 5 so I assumed she was just mocking and trying to get attention. It was until her... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 30, 2016

depends on how it happened. Get a consult from a member of the Michigan Assn for Justice.

1 Answer | Asked in Education Law, Libel & Slander and Personal Injury for Michigan on
Q: Can I sue my teacher or the school?

I have a teacher (I am in high school) that says my acid reflux condition is not a valid excuse for me to miss her class even if I am vomiting. She also refuses to help me or give me clarification on assignments because of this. A fellow student messaged me as I was in the office saying that our... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 1, 2016

Unlikely. If you do have a medical condition your parents need to ask for an IEP (individual educational plan) to allow you education without harassment. If you don't have to be in her class after this year you can see what procedures are in place to require schools to take and record... Read more »

1 Answer | Asked in Education Law for Michigan on
Q: Since I'm 17 and live in Michigan can I get in trouble for not attending school but signing up for homeschooling
Robert Jason De Groot
Robert Jason De Groot answered on Sep 8, 2015

Have you asked your parents about this? I think they have to agree to homeschool you, and that there are certain requirements that they have to meet.

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