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Michigan Education Law Questions & Answers
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
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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...
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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
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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
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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
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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

James L. Arrasmith
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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

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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

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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
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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...
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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...
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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

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.

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

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 called the superintendent of the school to... View More

John Michael Frick
John Michael Frick
answered on Sep 19, 2023

It doesn’t sound like there were any damages caused to you or to your kids.

1 Answer | Asked in Education Law for Michigan on
Q: So I been kicked out this school a lil while back for something but I was never sent any papers or even giving a hearing

So I was never aloud to attend no hearing or even giving any papers to say I can’t even come back and every time I tried to schedule one I got no response is this even legal because now I wish to attend the prom but I they won’t let me come but they let the boy I got into the altercation wit... View More

Brent T. Geers
Brent T. Geers
answered on May 3, 2023

You parents should know what's going on and are the ones that need to be addressing this situation on your behalf.

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.

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