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U.S. Supreme Court endorses parental opt-out for LGBTQ+ curriculum

On June 27, in a 6/3 majority decision in Mahmoud v Taylor, the United States Supreme Court ruled that a public school district violated parents’ constitutional right involving religious freedom by forcing their children to...more

Michigan Supreme Court: No Vicarious-Liability Cause of Action for Student-on-Student Sexual Harassment Under ELCRA

On July 29, 2024, the Michigan Supreme Court held in Doe v. Alpena Public School District that the state’s civil rights law, Elliott-Larsen Civil Rights Act (“ELCRA”), does not provide a cause of action against an educational...more

Michigan House Bill 5703 Imposes New Posting Requirement

On Oct. 11, Governor Whitmer signed House Bill 5703: a law that will require schools to post notices including both a provision of the Michigan School Code that reaffirms the prominence of parental rights in school, as well...more

Sixth Circuit Court of Appeals Rules That School District Administrators Can Be Liable for Failing to Prevent Teacher’s Physical...

In a decision dated August 28, 2020, the United States Court of Appeals for the Sixth Circuit ruled that school district faculty/administrators could be liable for a former teacher's physical abuse against a student where the...more

Education Records Are Subject to FOIA Requests

In an unpublished decision, on December 17, 2019, the Michigan Court of Appeals issued an opinion that education records are subject to disclosure under Michigan’s Freedom of Information Act (“FOIA”) with redaction of...more

The United States Sixth Circuit Court of Appeals Supports a Female Transgender Student's Right to Use the Girl's School Restroom

The majority of a three judge panel of the United States Sixth Circuit Court of Appeals upheld a preliminary injunction that ordered Highland Local School District (Highland) to allow an 11 year old transgender student, who...more

United States Fourth Circuit Court of Appeals Adopts OCR's Title IX Gender Identity Interpretation for Transgender Students'...

A majority panel of three judges in GG v Gloucester County School Board, U.S. Court of Appeals 4th Cir. Case No. 15-2056 (April 19, 2016), reversed a federal trial court's decision, endorsed the Office of Civil Rights'...more

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