Ask a Question

Get free answers to your Education Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Michigan Education Law Questions & Answers
1 Answer | Asked in Education Law for Michigan on
Q: Act 230 of 1923; can this apply to a high school marching band?

MCL - Act 230 of 1923 states that villages or townships with a population not exceeding 50,000 residents can levy a tax for the maintenance and employment of a band for musical purposes for benefit of the public as voted upon the residents by a majority vote in an election. Does a local high school... View More

Brent T. Geers
Brent T. Geers
answered on Aug 2, 2024

No. Good thought though! The reason being is that the high school marching band would not be for the benefit of the "public" as the law defines "public"; the only people who could participate in it are high school students, and it would be the school - not the village or... View More

1 Answer | Asked in Immigration Law and Education Law for Michigan on
Q: I am an F1 visa student in my OPT period right now can I work remotely for a US-based company for a commission-based job
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024

As an F1 visa student currently in your Optional Practical Training (OPT) period, there are some important considerations regarding your employment options:

1. Your employment must be directly related to your field of study.

2. You can work for a US-based company, but the company...
View More

1 Answer | Asked in Education Law, Gov & Administrative Law and Municipal Law for Michigan on
Q: Do public schools in Michigan have a right to prohibit dogs on school property if they are on a leash?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024

In Michigan, public schools typically have the authority to establish rules and regulations regarding the presence of animals on school property, including dogs. While some schools may allow dogs on a leash under certain circumstances, such as for therapy or service dogs, others may choose to... View More

1 Answer | Asked in Education Law for Michigan on
Q: My son was searched at school today because a teacher said he looked high. What can I do?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 7, 2024

In Michigan, if your son was searched at school because a teacher suspected him of being under the influence, it's important to first understand the school's policies on searches and drug suspicion. Schools generally have some latitude to conduct searches to maintain a safe environment,... View More

1 Answer | Asked in Civil Rights, Education Law and Wrongful Death for Michigan on
Q: Are public universities obligated to discipline students who are involved in a matter that results in the death

Of another student? Are they required to investigate the matter?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024

Public universities in Michigan, like other educational institutions, have a responsibility to maintain a safe and conducive learning environment for their students. In cases where a student is involved in an incident resulting in the death of another student, universities typically have a duty to... View More

2 Answers | Asked in Civil Rights, Education Law, Juvenile Law, Libel & Slander and Internet Law for Michigan on
Q: My son got suspended for a YouTube video can I fight it

My middle child got suspended from school for his YouTube video. He made a song an posted it on YouTube I personally previewed the video and I didn’t see anything wrong with the video but the school suspended him and threaten to call the police for cyber bulling. The video was a distract on one... View More

Tim Akpinar
Tim Akpinar
answered on Jan 14, 2024

Possibly, but you have to consider what it will cost you. One option is to try to arrange a free initial consult with attorneys to find out what it could cost to pursue. Such matters could involve speaking with students, reviewing videos, assessing school codes, etc. Attorneys don't generally... View More

View More Answers

2 Answers | Asked in Civil Rights, Education Law, Juvenile Law, Libel & Slander and Internet Law for Michigan on
Q: My son got suspended for a YouTube video can I fight it

My middle child got suspended from school for his YouTube video. He made a song an posted it on YouTube I personally previewed the video and I didn’t see anything wrong with the video but the school suspended him and threaten to call the police for cyber bulling. The video was a distract on one... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2024

In situations like this, it's important to understand the school's policies and the rationale behind your son's suspension. Schools often have codes of conduct that extend to students' online behavior, especially if it's seen to impact the school environment or other... View More

View More Answers

1 Answer | Asked in Education Law for Michigan on
Q: If a parent request a child be moved to another teachers class and the school refuses, is there anything the parent can?

The teacher has a very odd relationship with my daughter that me and my wife are not ok with and have asked for her to be put in another class. Not only did the principal refuse but so did the superintendent.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 4, 2023

In situations where a parent's request to change their child's class is refused by a school, there are still steps that can be taken. First, it's important to document all concerns and the reasons for the request in writing. This creates a formal record of your concerns and the... View More

1 Answer | Asked in Gov & Administrative Law and Education Law for Michigan on
Q: Are they violating state and First admendment?

child’s school threatened to suspended my daughter if she brings the recording I provided to her to record her school day as there are issues going on. I discovered that a teacher disciplined my daughter wrongly after two students claimed she said they were stupid and dead. She was put on the... View More

Brent T. Geers
Brent T. Geers
answered on Oct 4, 2023

You need to realize that schools - like jails and other secured facilities - are not public free-for-all spaces. Because they have care and concern for children, school administrators may make rules, policies, and procedures that otherwise affect Constitutional rights. As examples, schools can... View More

1 Answer | Asked in Civil Rights and Education Law for Michigan on
Q: Can I sue my school for neglect if they had a fire drill at 8:40am when it's 28° outside and the kids no jackets

Newberry mi Going to the store and noticed all the kids at the school were outside with no jacket on because they were having a fire drill at 8:40 in the morning when it was 28° outside .they are out there for 15 to 20 minutes. my kids are already sick as it is "sinuses" called the... View More

Brent T. Geers
Brent T. Geers
answered on Sep 19, 2023

I assume this happened last winter, as to my knowledge, it's not been 28 degrees anywhere in lower Michigan yet this school year.

A few questions: what are your damages? Did your kid end up sicker? If you were aware that he was sick, why was he at school? Not trying to be funny, but...
View More

1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for Michigan on
Q: Can I sue my middle school? I’m now 18 years old and feel like I can speak for myself and how badly this effected me.

When I was 12, I was charged with disturbance of peace and false terrorist threat. I warned another student about what I heard out of fear about someone “shooting the school on Monday”. Little did I know I was soon to be racially profiled being Arab as well as another girl, African American,... View More

John Michael Frick
John Michael Frick
answered on Sep 9, 2023

Yes as an 18 year old you can file a lawsuit on your own behalf. Be aware that such lawsuits will take a lot of time (2-3 years) and cost you a lot of money (most likely $100,000+) and your chance of success is very low (<5%).

But, as an adult now, you are competent to make that...
View More

1 Answer | Asked in Personal Injury and Education Law for Michigan on
Q: I need a lawyer that will handle my case where my son was injured in school due to negligence
Tim Akpinar
Tim Akpinar
answered on Apr 13, 2023

A Michigan attorney could advise best, but your question remains open for a week. It's difficult for attorneys here to reach out to you if you're looking for an attorney, which your post indicates you are. The format is only quick Q & A - the site doesn't serve as a lawyer... View More

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... View 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... View 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... View More

2 Answers | Asked in Civil Rights and Education Law for Michigan on
Q: Can I request my child not be in a classroom with a certain teacher?

This teacher was fired from my job and I’m afraid he will take it out on my child. Also, he has said some indecent comments that myself and a lot of other parents are uncomfortable with.

Brent T. Geers
Brent T. Geers
answered on Aug 29, 2024

You absolutely can request it. Up to the school administration.

View More Answers

1 Answer | Asked in Education Law, Employment Law and Immigration Law for Michigan on
Q: How can I legally become a physicist in the U.S. after obtaining my education in the U.S.

I am a H4 visa holder which depends on my dad's H1B visa. I am 14 years old, go to a public school in the U.S., and want to eventually get a job in the U.S. as a physicist. I want to do so by first completing my highschool studies, getting into a university, get a bachelor's degree, a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 30, 2024

To achieve your goal of becoming a physicist in the U.S., you’ll need to transition from your H4 visa to a student visa. After high school, you can apply for an F-1 student visa to attend a university. This visa will allow you to stay in the U.S. for the duration of your studies, including your... View More

1 Answer | Asked in Education Law for Michigan on
Q: Are there any michigan laws for public schools that pertain to how much tv/content is shown to children?

My child’s teacher puts tv on during snack time, brain breaks, indoor recesses, gives them movie days and a day where they can bring electronics from home to play games. None of the content is educational, and I don’t agree with the content my child is watching. She also gives out sugary treats... View More

Brent T. Geers
Brent T. Geers
answered on Feb 28, 2024

No laws that I'm aware of. This really is a school issue that must be addressed with the teacher, building principal, and possibly the superintendent.

1 Answer | Asked in Education Law for Michigan on
Q: My brother made a diss track against a kid and posted it on YouTube the got suspended, can the school do that?

The kid in the diss track said my brother could make it and my brother has a disclaimer on the video saying it was a joke. When he tried to explain it to the school they got mad at him and suspended him for 3 days for cyber bulling, the only line in the whole thing that could be bulling is telling... View More

Brent T. Geers
Brent T. Geers
answered on Dec 27, 2023

The Constitution does not extend in equal fashion to minors in a school setting. No, kids cannot do what adults may be able to do in a school setting and go unscathed. Doesn't matter what the other kid did if your brother initiated it.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.