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Michigan Education Law Questions & Answers
1 Answer | Asked in Education Law for Michigan on
Q: In Michigan is it legal for a public school to release a minor child to someone they were distinctly told not to

He was released to his grandparents that work for the school district even after I told the high school staff not to it took me 3 weeks to get him back

Brent T. Geers
Brent T. Geers
answered on Jan 23, 2023

Really depends on your legal status to the child, the other parent's legal status to the child, and whose been listed on the contact card with the school. It's unlikely you're going to succeed with a claim against the school; your bigger issue is within the family.

1 Answer | Asked in Education Law and Juvenile Law for Michigan on
Q: Can the school search my child's locker with my consent or knowledge?

You

My 13 year old sons person was searched, his backpack, coat, hoodie and locker. We were not notified. Then they find weed rolling papers. (Obviously he shouldn't have them) then they threatened to call the cops and said he'll have fun in juvie. He was so terrified that he... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 16, 2023

Your primary issue needs to be resolving any school administrative action or juvenile action against your son. Yes, schools can search students' personal belongings and lockers. The appropriateness of other actions described should be discussed with a local attorney.

1 Answer | Asked in Education Law for Michigan on
Q: Our public school for some reason had a clickable icon on a teachers classroom computer that said our daughter was

Adopted without our permission. Our daughter didn't know(7th grade) and the teacher didn't know what the icon was for. She opened it up and before she could close it our daughter saw it said adopted. We had a meeting with principal and he blamed it on secretary. Is there lawful action to take?

Brent T. Geers
Brent T. Geers
answered on Jan 5, 2023

A most unfortunate way for your daughter to find out; I'm sorry. I'm not sure there is any lawful action you could take against the school or teacher, for what sounds to be an inadvertent action. I think you did the right thing in meeting with the principal to express your concerns.

1 Answer | Asked in Education Law for Michigan on
Q: Can a school take your phone, and search it without asking. Nor having a warrant.

Asking for a friend, their phone was taken and searched to remove a video containing a school fight that was happening. They first took their phone and then my friend grabbed their phone back and started arguing with the Assistant Principle. Was this justified or should there be farther actions... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 21, 2022

The 4th amendment has nothing to do with this since it wasn't law enforcement who took the phone. When you are a student in a school - even a public school - you do not have the same constitutional protections you otherwise would have outside of school. Schools can set policies and confiscate... Read more »

1 Answer | Asked in Education Law and Family Law for Michigan on
Q: My wife and child were a victim of intimidating and verbally abusive behavior from a teacher at my sons school

Can i file a ppo on my sons behalf? It has affected his ability to feel safe and comfortable at school and is affecting his education

Brent T. Geers
Brent T. Geers
answered on Oct 5, 2022

What is the school saying about this? That should be your first stop.

1 Answer | Asked in Civil Litigation, Education Law, Personal Injury and Civil Rights for Michigan on
Q: Is there case law on the responsibilities of teaching staff during a fire?

Must staff make an effort to guide each student to safety? What if a false alarm is the source of the fire emergency? May the teacher or parapro leave a disabled student in a precarious position during a false alarm?

Tim Akpinar
Tim Akpinar
answered on Oct 3, 2022

A MIchigan attorney could advise best, but your question remains open for two weeks. There probably is case law, but maybe not on the level of specificity described in your post. You might find a greater level of detail in standard operating procedures for the district or the school - manuals for... Read more »

1 Answer | Asked in Education Law for Michigan on
Q: Can a school district be held accountable for keeping books in the school libraries that contain graphic sexual content?

Books rated for 18 yrs and older being available for all students in the school libraries.

Michael Zamzow
Michael Zamzow
answered on Jul 26, 2022

I am not aware of any books with age-ratings, while it probably depends on what you mean by "held accountable" the answer is "probably not."

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
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
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...
Read more »

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 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 »

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